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Public Hearing Meeting
Saturday, October 16, 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; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Ruller, Acting Director of Transportation and Environmental Services; Ms. Johnson, Division Chief, Planning and Zoning; Fire Chief Hawkins; Ms. Beeton, Urban Planner; Planning and Zoning; Ms. Plemmer, Assistant City Manager; Mrs. Godwin, Director of Management and Budget; Mr. Neckel, Director of Finance; Mr. Dahlberg, Director of Code Enforcement; Ms. O'Regan, Director of Human Services; Mr. Sudduth, Director of Personnel Services; 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 Ramsay Recreation Center, 5700 Sanger Avenue, at 8:30 a.m.

OPENING

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

2. Public Discussion Period.

(a) Bert Ely, 415 1/2 Prince Street, representing the Coalition For A Sensible Bridge, Inc., spoke to the Woodrow Wilson Bridge and urged the City to abandon its support for a 12-lane bridge and instead support a 10-lane bridge.

(A copy of Mr. Ely's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(a); 10/16/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley stated that the Woodrow Wilson Bridge Design Committee will be meeting regarding a milestone review giving a report on progress to date which is to be October 26. He requested that Mr. Ely give him a call with respect to the time of the meeting so that he can be present.



(b) Martha Welch, 1604-A Hunting Creek Drive, representing Old Town Greens and Northeast Citizens Associations, spoke against the planned one-way pair loop on Slater's Lane and requested further study.

(A copy of a petition pertaining to this is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(b); 10/16/99, and is incorporated herewith as part of this record by reference.)

(c) Larry Hills, 1645 Hunting Creek Drive, representing Old Town Greens, spoke against the planned one-way pair loop on Slater's Lane.

(d) Juliet Herman, 705 Norfolk Lane, representing Old Town Greens, also spoke against the planned one-way pair loop on Slater's Lane.

(e) Poul Hertel, 1217 Michigan Court, representing the Northeast Citizens Association, requested further study with regard to the planned one-way pair loop on Slater's Lane.

Mayor Donley asked that any consideration of the one-way pair at this point be postponed. He requested staff to restudy the item with a request to meet with the Northeast Citizens Association and the affected neighbors, and pending the discussions with the Civic Association, possibly bringing it back and possibly having a work session with the Council if you can't reach a decision.

Acting Transportation and Environmental Services Director Ruller spoke to this issue and responded to questions.

Council Member Walker suggested, as staff starts getting the plans together working with the developer and putting the information all together in a package, that we speak with the neighbors and possibly have a public hearing on the subject so that everyone knows what's happening and what's going to be going on in this neighborhood. She stated that it is good for us to share with everybody what might happen and to get everybody's feedback.

(f) James Leavengood, 17 Wharf Street, representing Fords Landing, spoke to the issue of parking in zone 1. He requested that Council look at the parking in this area of Old Town, and perhaps consider the suggestion of Al Cox with respect to the curbing of South Union Street.

Vice Mayor Euille asked for a status report on this. Assistant City Manager Evans stated that staff will be returning to Council with a report on alternatives probably at the first meeting in November and will also report back on the Al Cox proposal to which the speaker referred.

(g) Charles W. Linderman, 512 Putnam Place, spoke in support of bringing the PTO to Alexandria as a revenue generator.

(h) Rod Renner, 5801 Duke Street, representing the Chamber of Commerce, spoke in support of bringing the PTO to Alexandria.

(A copy of Mr. Renner's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(h); 10/16/99, and is incorporated herewith as part of this record by reference.)

(i) Patrick Shanahan, 4917 Waple Lane, spoke in support of bringing the PTO to Alexandria which will be a tax benefit.

(j) Walter Lander, 1116 St. Stephens Road, spoke to the current special use permit procedures.

(A copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(j); 10/16/99, and is incorporated herewith as part of this record by reference.)

(k) Julie Crenshaw, 816 Queen Street, provided her opinion on the vacant position of the Transportation and Environmental Services Director.

(A copy of Ms. Crenshaw's comments is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(k); 10/16/99, and is incorporated herewith as part of this record by reference.)

(l) John Chapman Gager spoke.
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New Business Item No. 1: Vice Mayor Euille spoke to the complaints that he received with respect to the way that some citizens were treated by the Chair of the Planning Commission at its last meeting. He apologized on Council's behalf to the citizens and requested the Mayor to speak to the Planning Commission about the proper decorum in treating our citizens who come to speak before it.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-15)

Planning Commission

Without Objection, City Council removed docket item nos. 4, 5, 11, 14 and 15 from the Action Consent Calendar and considered them under separate motions.

3. ST #99-0002 (STREET NAME CHANGE) -- MARK CENTER -- Public Hearing and Consideration of a request to change the street name of Nottingham Drive to Mark Center Drive within the Mark Center development.

COMMISSION ACTION: Recommend approval 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. 3; 10/16/99, and is incorporated herewith as part of this record by reference.)







6. SPECIAL USE PERMIT #99-0095 -- 3112-3114 MT VERNON AV -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CRMU-M/Commercial Residential Mixed Use. Applicant: KCJ's Corporation, by Jamshid Sharifi.

COMMISSION ACTION: Recommend approval 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. 6; 10/16/99, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #99-0097 -- 1217 PRINCE ST --ALEXANDRIA MASSAGE THERAPY -- Public Hearing and Consideration of a request for a special use permit to operate a massage establishment; zoned CL/Commercial Low. Applicant: Alexandria Massage Therapy Inc., by Sarah G. Akers.

COMMISSION ACTION: Recommend approval 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. 7; 10/16/99, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #99-0098 -- 4950 EISENHOWER AV, UNIT B -- Public Hearing and Consideration of a request for a special use permit to operate an automobile repair garage; zoned OCM-100/Office Commercial Medium. Applicant: Chung K. Cho.

COMMISSION ACTION: Recommend approval 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. 8; 10/16/99, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #99-0099 -- 4141 DUKE ST -- FUDDRUCKERS RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to expand an existing restaurant to include game machines; zoned CC/Commercial Community. Applicant: Fuddruckers Inc., by Larry Nelson.

COMMISSION ACTION: Recommend approval 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. 9; 10/16/99, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #99-0102 -- 3600 COMMONWEALTH AV -- CORA KELLY MAGNET SCHOOL -- Public Hearing and Consideration of a request for extension of a special use permit for two trailers for classroom use; zoned RB/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Recommend approval 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. 10; 10/16/99, and is incorporated herewith as part of this record by reference.)

12. MASTER PLAN AMENDMENT #99-0011 -- REZONING #99-0011 -- 300 N HENRY ST -- CROMLEY COURT -- Public Hearing and Consideration of a request for amendment to the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan to change the land use designation from CL/Commercial Low to RM/Residential Medium, and to change the zoning of the subject property from CL/Commercial Low to RB/Residential. Applicant: William Cromley, by Duncan W. Blair, attorney.

(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. 12; 10/16/99, and is incorporated herewith as part of this record by reference.)

13. SPECIAL USE PERMIT #99-0086 -- 300 N HENRY ST -- CROMLEY COURT -- Public Hearing and Consideration of a request for a special use permit to construct two semidetached dwellings on outlots with reduced lot area and a parking reduction for compact parking spaces; zoned CL/Commercial Low (RB/Residential pending). Applicant: William Cromley, by Duncan W. Blair, attorney.

(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. 13; 10/16/99, 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 Rich and carried unanimously, City Council approved the Action Consent Calendar with the exception of docket item nos. 4, 5, 11, 14 and 15, which were considered under separate motions. The recommendations are as follows:

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

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

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

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

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

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

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

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

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

Without Objection, City Council considered docket item nos. 4 and 5 together and under one motion.

4. SPECIAL USE PERMIT #99-0093 -- 710 KING ST --LA COSTA DEL SOL RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: EPS Inc., trading as La Costa Del Sol.

COMMISSION ACTION: Recommend approval 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. 4; 10/16/99, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #99-0094 -- 714 KING ST -- LAS TAPAS RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: EPS Inc., trading as Las Tapas.

COMMISSION ACTION: Recommend approval 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. 5; 10/16/99, and is incorporated herewith as part of this record by reference.)

With respect to docket item nos. 4 and 5, Councilman Speck wanted to bring the language of the parking conditions in conformance with our requirements for all other restaurants.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council took the following actions:

4. City Council approved the recommendation of the Planning Commission, with the following amendment to condition #11: "11. The applicant shall require that its employees who drive to work use off-street parking."




5. City Council approved the recommendation of the Planning Commission, with the following amendment to condition #12: "12. The applicant shall require that its employees who drive to work use off-street parking." The voting was as follows:

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

11. ENCROACHMENT #99-0004 -- 3100-3102 COMMONWEALTH AV -- COMMONWEALTH TERRACE APARTMENTS -- Public Hearing and Consideration of a request for an encroachment into the public alley right-of-way for additional parking, a dumpster and a fence; zoned CL/Commercial Low. Applicant: Commonwealth Terrace Apartments, by Harry P. Hart, attorney.
(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. 11; 10/16/99, and is incorporated herewith as part of this record by reference.)

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, stated that the applicant and the adjacent property owner have come to an accord with a concern that the adjacent owner had. Mr. Hart submitted a new plat to move two parking spaces from the north end down to the south end of the property. He submitted two new plats that have been reviewed by T&ES this week, one which simply shows the encroachment area, and the other which shows how they are going to put the parking in the encroachment area.

Mayor Donley asked Bernard Fagleson, attorney representing the adjacent property owner, if the new plat is acceptable to his client. Mr. Fagleson indicated that it was.

Mayor Donley noted that the two new plats will be considered as part of the submission.

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

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

14. DEVELOPMENT SPECIAL USE PERMIT #99-0033 -- 1120 WILKES ST & FAYETTE ST -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct townhouses, with lot area reduction and modifications to the RB zone regulations for yards and open space; zoned RB/Residential. Applicant: Oxbridge Development LLC, by Harry P. Hart, attorney. (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. 14; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of Council Member Walker's transactional disclosure statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart'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. 14; 10/16/99, and is incorporated herewith as part of this record by reference.)

Council Member Walker recused herself from this item because her husband and she own this property.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, and Council included the letter dated October 15, 1999 from Harry P. Hart, attorney, as part of the record. The voting was as follows:

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

15. SPECIAL USE PERMIT #99-0069 -- 625 BURNSIDE PL -- POTOMAC LANDFILL -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a recycling facility; zoned I/Industrial. Applicant: Potomac Landfill, by Harry P. Hart, attorney.
(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. 15; 10/16/99, 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 approved the recommendation of the Planning Commission. 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

16. Public Hearing to Receive Citizen Comments on the Criteria for the Selection of the City Manager. (#35 9/14/99)

(A copy of the City Clerk's memorandum dated September 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/16/99, 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. 2 of Item No. 16; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of the verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 16; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Johnson's letter dated October 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 16; 10/16/99, and is incorporated herewith as part of this record by reference.)

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

Councilman Speck read a letter from Tom Tyler, chairman of the Environmental Policy Commission; a copy of Mr. Tyler's letter dated October 16, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 16; 10/16/99, and is incorporated herewith as part of this record by reference;

William Jack Hranicky, 511 North Armistead Street, representing the Alexandria Archaeological Commission, would like someone considerate of the history of the City and protecting the history of it, and requested that a member of the Commission be included on the selection committee. He also noted for the record that Councilman Speck was the first individual on the Bicycle Heritage Trail which was opened last Saturday;

John Chapman Gager, spoke;

Edward J. Kruska, 1430 Dogwood Drive, president, North Ridge Citizens' Association, recommended Tim Ahern to serve on the advisory group; a copy of Mr. Kruska's letter dated October 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of Item No. 16; 10/16/99, 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 Ms. Doherty's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of Item No. 16; 10/16/99, and is incorporated herewith as part of this record by reference; and

Julie Crenshaw, 816 Queen Street, would like to see someone who would care about the people and the City and not just for the bells and whistles that go along with the position.

Mayor Donley noted that the meetings that are being held by the Citizen's Advisory Group on the Selection Process for the City Manager are open to the public. In addition, he stated that he will talk to his colleagues and the chair of the task force with respect to possibly expanding the task force.

Members of City Council participated in a discussion on this item.

The public hearing was closed. A copy of the verbatim transcript and additional comments received will be forwarded to the Citizen's Advisory Group on the Selection Process for the City Manager.

17. Public Hearing and Consideration of Report on the Community Partnership Fund for Human Services Recommended Priorities for the FY 2001 Competitive Grant Cycle. (#13 10/13/99)

(A copy of the City Manager's memorandum dated September 29, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/16/99, and is incorporated herewith as part of this record by reference.)

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

Angela Kern, 6616 10th Street, Unit A-2, representing Hospice of Northern Virginia, spoke in support of future consideration of hospice services.

(A copy of a partial verbatim transcript of the Council's discussion on this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 10/16/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley directed questions to Ms. Kern.

Mayor Donley requested that programs assisting immigrant populations regarding documentation and immigrant status be included.

City Manager Lawson spoke to this and indicated that she will bring up this issue at the next Bar Association meeting to see if we can get the volunteer lawyers to help with the documentation. She stated that she will work with the Mayor and come back.

Councilwoman Pepper suggested that Bienvenidos be included as they are involved in the documentation and immigrant status as well as ESL.

Vice Mayor Euille stated that he shares the expression made by the Northern Virginia Hospice and would encourage that the review committee for these competitive grants take it into consideration. He spoke to the items he mentioned at the meeting on October 13, 1999, with respect to ensuring that computer technology is available, and also looking at grant applications with regard to providing prevention up front as opposed to addressing and expending dollars after the fact on programs whether they are social services, education, juvenile justice, or health related.




WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council adopted the policy that will be used by the City to evaluate applications that come into the Community Partnership Fund which includes Mayor Donley's suggestion regarding programs assisting immigrant populations regarding documentation and immigrant status. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

18. SPECIAL USE PERMIT #99-0048--4555 SEMINARY ROAD -- Public Hearing and Consideration of a request for a special use permit to operate a private school; zoned R-8/Residential. Applicant: About Early Learning School, by Duncan W. Blair, attorney. (#41 9/18/99; #16 6/12/99)

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Blair's letter dated May 25, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of the City Attorney's letter dated June 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hobson's appeal dated June 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 18; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated October 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 18; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Sunderland's memorandum dated October 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of Item No. 18; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Fullerton's letter dated October 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of Item No. 18; 10/16/99, and is incorporated herewith as part of this record by reference.




A copy of the staff report on the Board of Zoning Appeals' appeal is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 8 of Item No. 18; 10/16/99, 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 Exhibit No. 9 of Item No. 18; 10/16/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley recused himself from the deliberations on this item because his employer, Virginia Commerce Bank, has the loan for the property.

Vice Mayor Euille disclosed that he serves on the Citizen Advisory Board of the Virginia Commerce Bank and he will be participating in the discussion and the voting.

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

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

Stephanie Dimond, architect representing the applicant, spoke in support;

Paul Wilson, 1402 Orchard Street, applicant, spoke in support;

Kathy Wilson, 1402 Orchard Street, applicant, spoke in support;

Frank Putzu, 1423 Julian Place, spoke against;

David Brown, Woodland Terrace, representing North Ridge Citizens' Association, noted that there are a lot of definitional issues and problems with the way the current code is being interpreted and suggested that a citizen task force be created to devise a new set of criteria for where all pre-kindergarden facilities can go;

Donnell R. Fullerton, 1407 North Pickett Street, spoke against;

Norman Bright, representing the applicant, spoke in support;

Joseph Gerard, 1401 Knox Place, spoke against;

Ann Ridenhour, 4008 Sharp Place, spoke against;

Joanne Lepanto, 4009 North Garland Street, representing Seminary Hill Association, spoke against;

John W. Richards. 4542 Seminary Road, spoke against;

Carolyn Beckett, representing the applicant, spoke in support;

Jeff Bernholz, 4708 Richmarr Place, representing Brookville Seminary Valley Citizens Association, spoke against;



Norma Gattsek read a letter in opposition from Mark Webster, 1208 Princess Street, president of the Inner City Civic Association, and also she spoke against the special use permit; a copy of Mr. Webster's letter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 10 of this item;

Tom Kerester, 1305 Kingston Avenue, spoke against;

Kelly Samons, representing the applicant, spoke in support, and also read a letter from Mark Mosely in support;

Pat Lovo, representing the applicant, spoke in support;

Tom Witte, 819 Chetworth Place, representing the North East Citizens Association, spoke against;

Greg Tsoucalas, 4000 Fort Worth Avenue, president, Seminary Ridge Civic Association, spoke against; a copy of Mr. Tsoucalas' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 11 of this item;

Loch Mey, representing the applicant, spoke in support;

Sharon Shackelford, representing the applicant, spoke in support;

Jeff Gustafson, representing the applicant, spoke in support;

Jack Sullivan, 4300 Ivanhoe Place, representing Seminary Hill Civic Association, spoke against;

Gerry Benson, 4535 LaSalle Avenue, spoke against;

Alexander Oduro, representing the applicant, spoke in support;

Nathalie Lapree, representing the applicant, spoke in support;

Markell Thorne, spoke in support;

Ayre Zewde, representing the applicant, spoke in support;

Colleen Gibbons, representing the applicant, spoke in support;

Joanne Tomasello, 511 North Pickett Street, spoke against;

Richard Dressner, 1415 North Pickett Street, spoke against;

Bill Dickinson, 805 Quaker Lane, spoke against;

Susan Cluff, 4005 Moss Place, spoke against; and

Julie Crenshaw, 816 Queen Street, spoke.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council closed the public hearing. The voting was as follows:


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

General Discussion. Members of Council directed questions to Mr. Blair, Mr. and Mrs. Wilson, Mr. Lynn, Ms. Lepanto, and Mr. Tsoucalas.

WHEREUPON, a motion was made by Council Member Rich, seconded by Council Member Walker, to approve the Planning Commission recommendation, and to add two additional conditions as follows: that there be no more than 53 cars during the rush hour; and the proposed school shall attain accreditation from the National Academy of Early Childhood Programs within 18 months of its beginning operation; which motion FAILED on a vote of 2 "ayes" to 4 "nays"; therefore, the special use permit was denied. The voting was as follows:

Rich "aye" Euille "no"
Walker "aye" Cleveland "no"
Donley out of room Pepper "no"
Speck "no"

At 3:25 p.m., City Council broke for lunch.

At 3:45 p.m., City Council reconvened the meeting.

New Business Item No. 2: Council Member Rich asked staff to come back with a proposal within a reasonable length of time for how we might address the matter of preschools in residential communities and what kind of restrictions there should be so that we can make it possible to happen. The proposal should come back with the suggestion for a task force made up of some of the leaders in the civic associations as well as in the early childhood professional community.
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19. DEVELOPMENT SPECIAL USE PERMIT #99-0046 -- 19 CARRIAGE HOUSE CIRCLE -- 1-45 CARRIAGE HOUSE CIRCLE -- COLONIAL HEIGHTS -- Public Hearing and Consideration of a request for an amendment to a development special use permit to allow decks to be built within the cluster development; zoned RT/Residential. Applicant: William R. Goodrich, by Linda B. Goodrich.

COMMISSION ACTION: Recommend denial 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. 19; 10/16/99, and is incorporated herewith as part of this record by reference.)

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

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

John F. Edwards, 31 Carriage House Circle, spoke against the application; and

Sue Scheller, 23 Carriage House Circle, spoke against the application.

General Discussion. Members of the City Council, Planning and Zoning Director Lynn and City Attorney Sunderland participated in the discussion on this item.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council deferred this item for thirty days to allow the homeowners' association to file its own application to amend the special use permit. The voting was as follows:

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

20. SPECIAL USE PERMIT #99-0100 -- 130-132 KING ST -- STARBUCKS COFFEE COMPANY -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Starbucks Coffee Company, by M. Catharine Puskar, attorney.

(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. 20; 10/16/99, 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. 2 of Item No. 20; 10/16/99, and is incorporated herewith as part of this record by reference.)

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

Cathy Puskar, 3422 Old Dominion Boulevard, attorney representing Starbucks Coffee Company, spoke in support of the application;

Lois Noack, 106 South Lee Street, spoke against;

Katherine DiCrocco, 127 Prince Street, spoke against;

Jonathan Wilbor, 310 South Lee Street, spoke against;

Bill Noack, 106 South Lee Street, representing 200 petitioners to deny, spoke against;

Tom Jocelyn, 113 South Lee Street, spoke against;

Susan Jocelyn, 113 South Lee Street, spoke against;

Julie Crenshaw, 816 Queen Street, spoke against;

David Olinger, 100 Prince Street, spoke against;

Anna Fontao Anderson, 109 South Lee Street, spoke against; and
Marjorie Scott, 114 Prince Street, spoke against.

Attorney Puskar offered her rebuttal.

Members of Council participated in the discussion.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a vote of 6-to-1, City Council upheld the recommendation of the Planning Commission and denied the request. The voting was as follows:

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

21. SPECIAL USE PERMIT #99-0090 -- 106 S UNION ST -- OLSSON'S BOOKS COFFEE SHOP -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant; zoned CD/Commercial Downtown. Applicant: Khalid Lhaggazi.

COMMISSION ACTION: Recommend approval 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. 21; 10/16/99, and is incorporated herewith as part of this record by reference.)

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

Jonathan Wilbor, 310 South Lee Street, representing the Old Town Civic Association, requested that there needs to be some policing of litter in this area.

The applicant agreed to police litter twice a day as well as pick up any other litter.

Staff was requested to instruct other establishments to pick up litter and to police it twice a day.

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

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

22. SPECIAL USE PERMIT #99-0096 -- 121 N WASHINGTON ST -- CIRCE DAY SPA -- Public Hearing Consideration of a request for a special use permit to operate a massage establishment; zoned CD/Commercial Downtown. Applicant: Sheila McGurk, trading as Circe Day Spa and Wellness Center, by H. Alan Young, attorney.

COMMISSION ACTION: Recommend approval 5-1
(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. 22; 10/16/99, and is incorporated herewith as part of this record by reference.)

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

H. Alan Young, 510 King Street, attorney representing the applicant, spoke in support and took exception to condition #3;

Lillian Cornelison, 608 Cameron Street, spoke against the special use permit and expressed concerns about parking and trash;

Dan York, 103 Ross Alley, on behalf of his children and Charles Wallace at 102 Ross Alley, spoke in opposition because of parking; and

Jonathan Wilbor, 310 South Lee Street, representing Old Town Civic Association, spoke against due to traffic congestion.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried unanimously, City Council approved the recommendation of the Planning Commission. The voting was as follows:

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

Without Objection, City Council considered docket item nos. 23, 24 and 25 together and under one motion.

23. MASTER PLAN AMENDMENT #99-0002 -- REZONING #99-0002 -- 5401 SEMINARY RD -- COCA-COLA -- Public Hearing and 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.
(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. 23; 10/16/99, and is incorporated herewith as part of this record by reference.

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. 2 of Item Nos. 23, 24, and 25; 10/16/99, and is incorporated herewith as part of this record by reference.

Copies of communications received on these items are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item Nos. 23, 24, and 25; 10/16/99, and is incorporated herewith as part of this record by reference.
Copies of engineering schematics are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 23; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of Ms. Hall's letter dated October 15, 1999, together with proffers, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 23; 10/16/99, and is incorporated herewith as part of this record by reference.)

24. MASTER PLAN AMENDMENT #99-0009 -- REZONING #99-0009 -- 5188 DAWES AV -- COCA-COLA -- Public Hearing and 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.
(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. 24; 10/16/99, and is incorporated herewith as part of this record by reference.)

25. SPECIAL USE PERMIT #99-0088 -- 5401 SEMINARY RD; 5188 DAWES AV -- COCA-COLA -- Public Hearing and 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.
(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. 25; 10/16/99, and is incorporated herewith as part of this record by reference.)

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

Sarah E. Hall, 4020 University Drive, Suite 312, Fairfax, attorney representing the applicant, spoke in support;

Bill McCulla, 5867 Doris Drive, spoke against, and presented proffers for MPA 99-0002, REZ 99-0002, MPA 99-0009 and REZ 99-0009, which are on file in the office of the City Clerk and are incorporated as part of the record;

Terry Kester, 3911 Wheat Court, representing residents of Wheat Court and Dowden Terrace, spoke in opposition;

Stephen R. Dujack, 5820 Doris Drive, representing Dowden Terrace Civic Association, spoke in opposition;

Nick Kuhn, 3157 Rosser Street, spoke against, and read a letter in opposition from Barbara A. Murray, president, Seminary Park Community Association, which is on file in the office of the City Clerk;
Edward Schwab, 5439 Dawes Avenue, strongly opposed;

Owen Curtis, 5465 Fillmore Avenue, spoke against;

Steve Bodholdt, 6428 Pima Street, representing Coca-Cola, spoke in support;

Tonja Edwards, 455 North Armistead Street, #A, representing Coca-Cola, spoke in support;

Kevin Rader, 4801 Kenmore Avenue, Apt. 921, representing Coca-Cola, spoke in support;

Harold L. Ferguson, Jr., 1207 Queen Street, representing Coca-Cola, spoke in support;

Edgar W. Hussey, 112 Waterford Place, representing Coca-Cola, spoke in support; and

Gary Hammack, 437 East Luray Avenue, representing Coca-Cola, spoke in support.

Mayor Donley stated for the record that Coca-Cola is a valuable asset to this community and to have this number of jobs in the City of Alexandria which offer job diversity is also a valuable asset.

It was suggested that they could look at the parking and how it is used in the back lot to see if they can get more parking there, and the possibility of some additional parking on the street for 10 or 12 cars.

Councilwoman Pepper questioned whether a bigger buffer of land could be allowed on the front from Seminary to where the new additional parking would be.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council closed the public hearing, deferred this item and requested that the parties get back together, both Coke and the Dowden Terrace Civic Association, with assistance from City staff, Vice Mayor Euille, and Councilwoman Pepper, so that we can come to some process ironing out potential resolutions and this matter come back to Council for further consideration as soon as possible. The voting was as follows:

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










Without Objection, City Council considered Docket Item Nos. 26, 27, 28, 29 and 30 together and under one motion.

26. MASTER PLAN AMENDMENT #99-0005 -- REZONING #99-0005 -- 1460 DUKE ST -- MARRIOTT RESIDENCE INN -- Public Hearing and Consideration of a request for amendment to the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and the zoning of the subject property from OCM-100/Office Commercial Medium and CDD-1/Coordinated Development District to OCH/Office Commercial High, with proffers. Applicant: Duke-Jamieson, LLC, by Cyril D. Calley, attorney.
(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. 26; 10/16/99, and is incorporated herewith as part of this record by reference.)

27. VACATION #99-0004 -- 1460 DUKE ST -- MARRIOTT RESIDENCE INN -- Public Hearing and Consideration of a request for vacation of a portion of the public right-of-way; zoned CDD-1/Coordinated Development District. Applicant: Duke-Jamieson, by Cyril D. Calley, attorney, and appointment of viewers for same.

COMMISSION ACTION: Recommend approval 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. 27; 10/16/99, and is incorporated herewith as part of this record by reference.)

28. VACATION #99-0005 -- 1460 DUKE ST -- MARRIOTT RESIDENCE INN -- Public Hearing and Consideration of a request for vacation of a portion of the public right-of-way; zoned OCM-100/Office Commercial Medium. Applicant: Duke-Jamieson, by Cyril D. Calley, attorney, and appointment of viewers for same.

(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. 28; 10/16/99, and is incorporated herewith as part of this record by reference.)














29. DEVELOPMENT SPECIAL USE PERMIT #99-0042 -- 1460 DUKE ST -- MARRIOTT RESIDENCE INN -- Public Hearing and Consideration of a request for a development special use permit, with site plan with modifications, to construct and operate a hotel; zoned OCM-100/Office Commercial Medium and CDD-1/Coordinated Development District, with a proposed rezoning to OCH/Office Commercial High. Applicant: William A. Horwath, by Duncan W. Blair, attorney.
(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. 29; 10/16/99, and is incorporated herewith as part of this record by reference.)

30. SPECIAL USE PERMIT #99-0113 -- 1460 DUKE ST -- MARRIOTT RESIDENCE INN - CARLYLE SITE -- Public Hearing and Consideration of a request for an amendment to a special use permit to remove a portion of the property from the Carlyle development site; zoned CDD-1/Coordinated Development District. Applicant: Duke-Jamieson LLC and Carlyle Development Corporation, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend approval 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. 30; 10/16/99, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, 112 South Saint Asaph Street, attorney representing Canterbury Partners, LLC, spoke in support and requested with respect to docket item no. 29, Condition #12, add at the end of the sentence the words "unless approved by the Director of Transportation and Environmental Services."; and with respect to Condition #18 in line 1 change the word "gross" to "net"; and

Cyril D. Calley, 307 North Washington Street, attorney representing the applicants, spoke in support.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the following actions including the suggested amendments to docket item no. 29:

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

27. City Council approved the recommendation of the Planning Commission, and authorized the Mayor to appoint viewers. The Mayor subsequently appointed Warren Almquist, chair, John Hines and Bruce Wilmot as viewers. [Note: On October 29, 1999, Mayor Donley appointed Ruby Fitzgerald to replace Bruce Wilmot as viewer since Mr. Wilmot moved out of the City.]

28. City Council approved the recommendation of the Planning Commission and authorized the Mayor to appoint viewers. The Mayor subsequently appointed Warren Almquist, chair, John Hines and Bruce Wilmot as viewers. [Note: On October 29, 1999, Mayor Donley appointed Ruby Fitzgerald to replace Bruce Wilmot as viewer since Mr. Wilmot moved out of the City.]

29. City Council approved the recommendation of the Planning Commission, with the following amendments: with respect to Condition #12, add at the end of the sentence the words "unless approved by the Director of Transportation and Environmental Services."; and with respect to Condition #18 in line 1 change the word "gross" to "net."

30. City Council approved the recommendation of the Planning Commission. The voting was as follows:

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

31. SPECIAL USE PERMIT #99-0105 -- 2000 MT VERNON AV -- EVENING STAR CAFE -- Public Hearing and Consideration of a review of a special use permit and a request to expand the existing restaurant to include a private dining room and wine bar, to increase the hours of operation for the outdoor dining area, and for a reduction of off-street parking; zoned CL/Commercial Low. Applicant: Majestic Grill Inc., trading as Evening Star Cafe, by Stephanie Babin.

(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. 31; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of Council Member Walker's transactional disclosure statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 31; 10/16/99, and is incorporated herewith as part of this record by reference.

A copy of Vice Mayor Euille's transactional disclosure statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 31; 10/16/99, and is incorporated herewith as part of this record by reference.)

Council Member Walker recused herself from this item since she and her husband own the property, and Vice Mayor Euille recused himself since he has a financial interest in this business.

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

Stephanie Babin, 2000 Mount Vernon Avenue, spoke in support and requested that condition #27 be deleted and that the hours for outdoor dining be changed to 10:00 p.m. and the area shall be cleared of all diners by 10:00 p.m. and the area cleaned and washed by 10:30 p.m.

Members of staff responded to questions asked by Members of Council.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a vote of 5-to-0, City Council approved the recommendation of the Planning Commission, with the following amendments: deleted condition #27 and in condition #4 changed the hours for outdoor dining to 10:00 p.m., which would mean that it shall be cleared of all diners by 10:00 p.m. and the area cleaned and washed by 10:30 p.m. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria City Code by establishing a spot blight abatement program, under which the city may designate certain properties in Alexandria as “blighted” and thereafter, absent satisfactory efforts by the owners of the properties to eliminate the blighting conditions, to acquire and/or repair the properties and to collect from the owners the costs the city incurs in undertaking these actions. (#15 10/13/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 10/16/99, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

Betty Ward, 603 Braxton Place, spoke in support of the ordinance.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4074

AN ORDINANCE to add a new Article I (SPOT BLIGHT ABATEMENT) to Chapter 1 (BUILDING CODE), Title 8 (BUILDING CODE REGULATIONS) of The Code of the City of Alexandria, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:


Section 1. That Chapter 1 of Title 8 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended by adding a new Article I, to read as follows:
Article I

SPOT BLIGHT ABATEMENT

Sec. 8-1-141 Purpose.

The purpose of this article is to provide for the repair or other disposal, or for the acquisition and repair or other disposal, by the city of blighted property which is located outside of conservation or redevelopment areas, as such areas are defined in section 36-49 and section 36-49.1, respectively, of the Code of Virginia (1950), as amended.

Sec. 8-1-142 Definitions.

For purposes of this article, the following words and phrases shall have the meanings given below, except in those instances when the context clearly indicates a different meaning.

(a) Blighted property. A building or buildings which, by reason of dilapidation, obsolescence, overcrowding, lack of ventilation, light or sanitary facilities, or excessive land coverage, or any combination of these or other factors, is detrimental to the health, safety and welfare of the community.

(b) City manager. The city manager, or a person designated by the manager to perform the duties and responsibilities that this article places on the manager.

(c) Dilapidation. The condition of property resulting from inadequate maintenance that contributes to unsafe site or building conditions, or that gives the appearance of unsafe site or building conditions.

(d) Excessive land coverage. A land development that overly restricts the access of adjacent properties to light and air, or that has extensive impervious surfaces which create storm water
run-off that regularly and adversely impacts adjacent properties.

(e) Lack of ventilation, light and sanitary facilities. The absence from a building of one or more systems that provide ventilation, light and sanitary facilities, as required by the Virginia Uniform Statewide Building Code (see article A of this chapter).

Sec. 8-1-143 Procedure -- preliminary determination of blight by city manager.

(a) The city manager shall make a preliminary determination that a property is a blighted property under this article. The manager shall provide written notice to the owner of such property that the property has been determined to be blighted. The notice shall describe the conditions of the property, and shall provide any other reasons, which form the basis for this determination.

(b) The owner of property that has been preliminarily determined to be blighted shall have 30 days from the date of the notice in which to present to the city manager a plan to eliminate or otherwise cure, within a reasonable period of time, the conditions and other reasons that form the basis for the determination that the property is blighted.

Sec. 8-1-144 Same -- hearing before planning commission; commission findings.

(a) If the owner of a property that has been preliminarily determined to be blighted fails to timely present the plan required by section 8-1-143(c), which is acceptable to the city manager, or fails to implement a plan found to be acceptable, the manager may request that the planning commission conduct a public hearing and make findings and recommendations regarding the property. If a public hearing is scheduled before the planning commission, the city shall prepare and present to the commission a plan for the repair or other disposal, or for the acquisition and repair or other disposal, of the property.

(b) Notice of public hearing.

(i) Not less than three weeks prior to the date of the public hearing before the planning commission, the city manager shall cause a notice of the date, time, place and purpose of the hearing to be sent, by regular and certified mail, to the owner of the blighted property or the agent designated by him for receipt of service of notices concerning the payment of real estate taxes, to the owners of all properties abutting the blighted property (including the properties located immediately across the street or road from the blighted property), and to the citizens or neighborhood association, if any, for the immediate area. The notice shall include the plan that the city has prepared for the repair or other disposal, or for the acquisition and repair or other disposal, of the property. Any persons affected by the condition of the property or by the acquisition and/or repair or other disposal of the property, as proposed in the city's plan, may present their views at the hearing.

(ii) The city manager shall also cause notice of the date, time, place and purpose of the public hearing to be published at least twice, with not less than six days elapsing between the first and second publication, in a newspaper having general circulation in the city. The public hearing shall be held not less than six, nor more than 21, days after the second publication of this notice.

(iii) The city manager shall further cause notice of the date, time, place and purpose of the public hearing to be posted on the property.

(c) Following the public hearing, the planning commission shall determine:

(i) whether the owner of the property has failed to eliminate or otherwise cure the property's blighting conditions and to present a reasonable plan to do so;

(ii) whether the property is blighted; and

(iii) whether the plan submitted by the city for the repair or other disposal, or for the acquisition and repair or other disposal, of the property is in accordance with the city's zoning ordinance and other applicable land use laws and regulations, and should, in whole or part, be implemented.



If the property is located within the old and historic Alexandria district or the Parker-Gray district, as defined, respectively, in section 10-100 and section 10-200 of the city's Zoning Ordinance, or includes a building that is on the list of 100-year-old buildings compiled pursuant to section 10-300 of the Zoning Ordinance, the planning commission, in determining the appropriateness of the city plan, shall consult with the board of architectural review regarding the activities described for the property in the plan.

Sec. 8-1-145 Same —- review of planning commission findings
and recommendations by city council.

The planning commission shall report its findings and recommendations concerning the property to city council. Following its receipt of these findings and recommendations, council shall schedule a public hearing on the property. Notice of this hearing shall be provided as described in section 8-1-144(b). Following the hearing, council shall affirm, modify or reject the planning commission's findings and recommendations. If council determines the property to be blighted and the city's plan for the property, in whole or in part, to be appropriate, the city may then carry out the approved plan.

Sec. 8-1-146 Displacement of residents at blighted property.

City council shall not approve, under this article, any plan for the acquisition of property that is occupied for personal residential purposes if the plan will result in the displacement of any persons residing in the property, unless the acquisition is authorized by Title 36 of the Code of Virginia (1950), as amended; provided, that this subsection shall not apply to the acquisition of property that has been condemned for human habitation for more than one year.

Sec. 8-1-147 Recovery of city's costs; lien.

(a) The city may assess and recover the costs that it incurs in repairing or otherwise disposing of blighted property under a plan approved by city council pursuant to this article. Such costs may be assessed against and recovered from the person who owns the blighted property at the time the property is repaired or other disposed of by the city. If such costs have not been paid by such owner prior to the owner's sale of the property, the city shall recover the costs from the proceeds of the owner's sale. In the event the city has acquired the property, it shall recover such costs from the proceeds of its sale of the property.

(b) The city also shall have a lien on any blighted property that it repairs or otherwise disposes of under a plan approved by city council pursuant to this article, in an amount equal to the costs it has incurred in so repairing or disposing of the property. Such lien shall be recorded in the circuit court among the city's land records, and shall be subordinate to any prior liens of record.

Sec. 8-1-148 Promulgation of rules and regulations.

The city manager may issue regulations consistent with this article and section 36-49.1:1 of the Code of Virginia (1950), as amended; provided, that such regulations are reviewed and approved by city council.




Sec. 8-1-149 Other laws and ordinances.

Nothing in this article shall be construed to relieve an owner of blighted property, or any other person or entity from complying with other applicable laws relating to the development, use, rehabilitation, condition, maintenance or taxation of real property. The provisions of this article shall be in addition to any other remedies for blight abatement set out in state law or this code.

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


KERRY J. DONLEY
Mayor

Introduction: 10/13/99
First Reading: 10/13/99
Publication: 10/14/99
Public Hearing: 10/16/99
Second Reading: 10/16/99
Final Passage: 10/16/99
* * * * *

33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria City Code (1) to change the name of the Mt. Vernon School Election District to the Mt. Vernon Recreation Center Election District, and establish the voting place of this district at the Mt. Vernon Recreation Center, 2701 Commonwealth Avenue, and (2) to change the name of the Fire Station 58 Election District to the Charles E. Beatley, Jr., Central Library Election District, and establish the voting place for this district at the Charles E. Beatley, Jr., Central Library, 5005 Duke Street. (#16 10/13/99) [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 ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:





ORDINANCE NO. 4075

AN ORDINANCE to amend and reordain subsection (i) (MOUNT VERNON SCHOOL ELECTION DISTRICT) and subsection (s) (FIRE STATION NO. 58 ELECTION DISTRICT), of Section 2-2-10 (ESTABLISHMENT OF ELECTION DISTRICTS AND VOTING PLACES), Chapter 2 (ELECTIONS), Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:


Section 1. That Subsection (i) of Section 2-2-10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

(i) The Mt. Vernon Recreation Center Election District shall be bounded and described as follows:

The voting place within the Mt. Vernon Recreation Center Election District shall be at the Mt. Vernon Recreation Center, located at 2701 Commonwealth Avenue.

Section 2. That Subsection (s) of Section 2-2-10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

(s) The Charles E. Beatley, Jr., Central Library Election District shall be bounded and described as follows:

The voting place for the Charles E. Beatley, Jr., Central Library Election District shall be the Charles E. Beatley, Jr., Central Library, located at 5005 Duke Street.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage; provided, however, that the changes in the Election District names and voting places herein made shall not be implemented until the changes are first submitted to the Attorney General of the United States and no objection is interposed within 60 days of the submission, as required pursuant to Section 5 of the Voting Rights Act of 1965, as amended.

KERRY J. DONLEY
Mayor

Introduction: 10/13/99
First Reading: 10/13/99
Publication: 10/14/99
Public Hearing: 10/16/99
Second Reading: 10/16/99
Final Passage: 10/16/99
* * * * *

34. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the 1992 Master Plan of the City of Alexandria by revising the plan's Potomac Yard/Potomac Greens Small Area Plan Chapter, in accordance with the chapter changes approved by City Council on September 8, 1999. (#17 10/13/99) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated October 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 10/16/99, 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.

In his memorandum, the City Attorney recommended that paragraph 6 of the guidelines should be revised to read as follows:

6. Development within the CDD shall not preclude the possible future construction of a Metro Station; or shall development within any right-of-way or dedicated open space within the CDD preclude the future construction of a light rail or other similar transit system.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed, as amended with the revised paragraph 6, the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 4076

AN ORDINANCE to amend and reordain the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia (1998 ed.), by adopting and incorporating therein the amendments heretofore approved by city council to such Small Area Plan Chapter as Master Plan Amendment No. 99-0004, and no other amendments, and to repeal all provisions of such Small Area Plan Chapter as may be inconsistent with such amendments.

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

1. In Master Plan Amendment No. 99-0004, an application has been made to amend the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan to change the land use designation, with a Coordinated Development District Special Use Permit, on the Potomac Yard and Potomac Greens site to permit up to 1,900,000 square feet of office space, up to 625 hotel rooms, up to 735,000 square feet of retail space, and up to 2,200 residential units.

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 Chapter entitled "CDD Guidelines for Potomac Yard/Potomac Greens," of the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia (1998 ed.), be, and the same hereby is, amended to read as stated on Exhibit A, attached hereto and incorporated herein fully by reference.

Section 2. That the Land Use Concept Map, Map 23, of the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia (1998 ed.), be, and the same hereby is, amended as shown on Exhibit B, attached hereto and incorporated herein fully by reference.

Section 3. That the Predominant Height Limits for CDD Map, Map 24, of the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia (1998 ed.), be, and the same hereby is, amended as shown on Exhibit C, attached hereto and incorporated herein fully by reference.

Section 4. That the director of planning and zoning be, and he hereby is, directed to record the foregoing Master Plan Amendment as part of the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia (1998 ed.).

Section 5. That the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia (1998 ed.), as amended by this ordinance, be, and the same hereby is, reordained as part of the 1992 Master Plan of the City of Alexandria, Virginia (1998 ed.).

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


KERRY J. DONLEY
Mayor

Introduction: 10/13/99
First Reading: 10/13/99
Publication: 10/14/99
Public Hearing: 10/16/99
Second Reading: 10/16/99
Final Passage: 10/16/99
* * * * *














35. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance by revising the regulations applicable within Coordinated Development District No. 10, Potomac Yard/Potomac Greens, in accordance with the text amendment approved by City Council on September 8, 1999. (#18 10/13/99) [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 Council Member Walker, seconded by Council Member Rich and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4077

AN ORDINANCE to amend and reordain Section 5-602 (COORDINATED DEVELOPMENT DISTRICTS CREATED, CONSISTENCY WITH MASTER PLAN, REQUIRED APPROVALS), under Section 5-600 (CDD/COORDINATED DEVELOPMENT DISTRICT) of Article V (MIXED USE ZONES), of The City of Alexandria Zoning Ordinance (RZ No. 99-0004).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That paragraph (10) of Section 5-602(A) (Table 1) (Coordinated Development Districts) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:


















CDD
No. 		CDD NameWithout a CDD Special Use Permit With a CDD Special Use Permit
Maximum F.A.R and/or development levelsMaximum Height
10POTOMAC
YARD/GREENS		The RB zone regulations shall apply to the area south of the Monroe Avenue Bridge and east of the Metro Tracks, the CSL zone regulations shall apply on the first 250 feet east of Rte 1. and the I zone regulations shall apply on the remainder of the site; except that the U/T regulations shall apply to an area approximately 120 feet wide located just west of the Metrorail right-of-way (area shown on the plat for Case REZ #95-0005) for the purpose of accommodating the relocated rail mainline on the yard, and except also that the area known as the "Piggyback Yard" and Slaters Lane portion of Potomac Yard (as shown on the plat for Case REZ #95-0004) may be developed pursuant to the CRMU-L zone provided that the Piggyback Yard:
- shall contain no more than 275 dwelling units;
- shall contain no more than 60,000 square feet of commercial space, of which no more than 30,000 square feet shall be office;
- shall be planned and developed pursuant to a special use permit;
- shall have a maximum height of 50 feet; and
- shall generally be consistent with the goals and the guidelines of the small area plan		Up to 1,900,000 square feet of office space.
Up to 625 hotel rooms.
Up to 735,000 square feet of retail space.
Up to 2,200 residential units.		Heights shall be as shown on the map entitled “Predominant Height Limits for CDD” (Map No. 24, Potomac Yard/Potomac Greens Small area Plan Chapter of 1992 Master Plan (1998 ed.)).

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendment on the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance.

Section 3. That Section 5-602, and the "Official Zoning Map, Alexandria, Virginia," as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage, and should apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending for any city department, agency or board, or before city council, or on judicial review, shall apply to all such applications which may be filed after such date and shall apply to all other facts and circumstances to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said ordinance.

KERRY J. DONLEY
Mayor

Introduction: 10/13/99
First Reading: 10/13/99
Publication: 10/14/99
Public Hearing: 10/16/99
Second Reading: 10/16/99
Final Passage: 10/16/99
* * * * *

36. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance by revising the definition of convenience stores. (#19 10/13/99) [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 Council Member Walker, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4078

AN ORDINANCE to amend and reordain Section 2-131 (CONVENIENCE STORE), under Section 2-100 (DEFINITIONS) of Article II (DEFINITIONS), and to amend and reordain Section 12-214 (ABATEMENT OF NONCONFORMING USES), under Section 12-200 (NONCONFORMING USES) of Article XII (NONCOMPLIANCE AND NONCONFORMITY), by adding thereto a new Subsection (D) (CONVENIENCE STORES), all of the City of Alexandria Zoning Ordinance (TA NO. 99-0007).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-131 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

Sec. 2-131 Convenience store. An establishment of 5,000 square feet or less of gross floor area, selling a variety of goods, comprised primarily of food and beverages, generally purchased in small quantities. It is the intention of this definition not to include small grocery, specialty or gourmet stores and to include quick service retail establishments which are characterized by high traffic generation and rapid turnover of customers.

Section 2. That Section 12-214 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (D) to read as follows:

(D) Any convenience store existing on October 16, 1999, and any such store thereafter established, shall be considered to be a convenience store in perpetuity, notwithstanding the addition of floor area sufficient to remove the store from the size limitation set forth in the definition of such use, unless the store also adds features to the use which, regardless of size, are inconsistent with the definition of convenience store.

Section 3. That Sections 2-131 and 12-214 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use, land development or subdivision approval provided for under the City of Alexandria Zoning Ordinance which are on such date pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which maybe filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.

KERRY J. DONLEY
Mayor

Introduction: 10/13/99
First Reading: 10/13/99
Publication: 10/14/99
Public Hearing: 10/16/99
Second Reading: 10/16/99
Final Passage: 10/16/99
* * * * *

37. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an existing fence to encroach into the public alley right-of-way adjacent to the properties at 206 West Monroe Avenue and 1509 Stonewall Road, in the City of Alexandria. (#20 10/13/99) [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 ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4079

AN ORDINANCE authorizing the owners of the properties at 206 West Monroe Avenue and 1509 Stonewall Road, and the owners' successors-in-title, to establish and maintain an encroachment into the public right-of-way of a public alley adjacent to 206 West Monroe Avenue and 1509 Stonewall Road, in the City of Alexandria, Virginia.

WHEREAS, Oscar and Toby Fitzgerald are the owners of the properties located at 206 West Monroe Avenue and 1509 Stonewall Road in the City of Alexandria, Virginia; and

WHEREAS, Oscar and Toby Fitzgerald desire to establish and maintain a four foot high wooden picket and board fence which will encroach into the public right-of-way of a public alley that runs midway into the block bounded by Stonewall Road, West Monroe Avenue, Russell Road and West Braddock Road; and

WHEREAS, the public alley at this location 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; and

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

Section 1. That Oscar and Toby Fitzgerald and their successors-in-title (hereinafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of a public alley which is adjacent to their properties at 206 West Monroe Avenue and 1509 Stonewall Road, in the City of Alexandria, said encroachment consisting of a wooden picket and board fence, 200 feet in length, 195 feet of which encroaches into the public alley, with the northern end of the fence encroaching seven feet into the alley and the southern end of the fence encroaching six inches into the alley, until said 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: $1,000,000 each occurrence
$1,000,000 aggregate

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

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

Section 3. That by accepting the authorization hereby granted to establish and maintain 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 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 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 this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 10/13/99
First Reading: 10/13/99
Publication: 10/14/99
Public Hearing: 10/16/99
Second Reading: 10/16/99
Final Passage: 10/16/99
* * * * *






38. Public Hearing, Second Reading and Final Passage of AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 2000, which began on the first day of July 1999 and ends on the thirtieth day of June 2000. (#21 10/13/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 10/16/99, 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 Council Member Walker, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4080

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 2000, which began on the first day of July 1999 and ends on the thirtieth day of June 2000.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter named the amounts required to defray the expenditures and liabilities of the city for which commitments were established in the form of encumbrances or otherwise on or before June 30, 1999, but which are payable in fiscal year 2000, and for which amounts were appropriated but not expended in fiscal year 1999, and further that the council does hereby allot the amounts so appropriated to the several city departments for fiscal year 2000, as follows:

GENERAL FUND

Citizen Assistance $25,738 Commonwealth's Attorney 63,454
Sheriff 151,887
Clerk of Courts 163,079
Court Service Unit 29,632
Financial and Information Technology 427,430
Services
18th Circuit Court 6,967
City Clerk and Clerk of Council 2,100
Personnel 17,686
Planning and Zoning 8,500
City Attorney 5,020
Registrar of Voters 49,943
General Services 503,626
Transportation and Environmental Services 1,445,493
Fire 271,376
Police 470,753
Office of Housing 215,812
Health 9,539
Mental Health/Mental Retardation/
Substance Abuse 89,329
Human Services 374,137
Office of Historic Alexandria 32,321
Recreation and Cultural Activities 113,288
Non-Departmental __388,190

Total General Fund $4,865,300

EQUIPMENT REPLACEMENT RESERVE FUND

Sheriff $114,748
Transportation and Environmental
Services 546,166
Fire 118,001
Mental Health/Mental Retardation/
Substance Abuse 103,775
Recreation and Cultural Activities 38,502
Total Equipment Replacement Reserve
Fund $921,192

COMPONENT UNIT

Alexandria Transit Company $64,403

Total Component Unit $64,403

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2000, the source of such amount being external grant awards for which the proceeds were received or accepted prior to June 30, 1999, but which were not expended by such date, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 2000, as follows:






SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $79,855
18th Circuit Court 50,008
Commonwealth’s Attorney 46,807
Transportation and Environmental 1,061,493
Fire 305,215
Police 42,852
Office of Housing 7,223,347
Mental Health/Mental Retardation/
Substance Abuse 7,963,563
Health 93,020
Human Services 1,717,249
Office of Historic Alexandria 79,851

Total Estimated Revenue $18,663,260

APPROPRIATION:

Human Relations $79,855
18th Circuit Court 50,008
Commonwealth’s Attorney 46,807
Transportation and Environmental 1,061,493
Fire 305,215
Police 42,852
Office of Housing 7,223,347
Mental Health/Mental Retardation/
Substance Abuse 7,963,563
Health 93,020
Human Services 1,717,249
Office of Historic Alexandria 79,851

Total Estimated Revenue $18,663,260

Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision and appropriate to the Special Revenue Fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2000, the source of such amount being external grant awards for which the proceeds were authorized and adjusted after July 1, 1999, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 2000, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $13,797
Commonwealth’s Attorney (54,636)
Sheriff 53,316
Clerk of Courts 304,758
Court Services Unit 32,752
Transportation and Environmental
Services 12,735
Police 325,746
Office of Housing 1,351,361
Mental Health/Mental Retardation/
Substance Abuse (21,497)
Human Services 177,268
Office of Historic Alexandria 751

Total Estimated Revenue $2,196,351

APPROPRIATION:

Human Relation $13,797
Commonwealth’s Attorney (54,636)
Sheriff 53,316
Clerk of Courts 304,758
Court Services Unit 32,752
Transportation and Environmental
Services 12,735
Police 325,746
Office of Housing 1,351,361
Mental Health/Mental Retardation/
Substance Abuse (21,497)
Human Services 177,268
Office Historic Alexandria 751

Total Estimated Revenue $2,196,351

Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 2000, the source of such amount being the residual balances accumulated as of June 30, 1999, in accounts for donations and activities, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 2000, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $46,481
Citizen Assistance 20,249
Commonwealth’s Attorney 29,655
Sheriff 20,277
Clerk of Courts 164,747
Court Services Unit 10,036
Personnel 99,462
Transportation and Environmental Services 47,128
Fire 1,922
Police 723,531
Office of Housing 450
Mental Health/Mental Retardation/
Substance Abuse 15,208
Health 11,690
Human Services 200,498
Office of Historic Alexandria 238,726
Recreation and Cultural Activities 78,699
Library 125,719

Total Estimated Revenue $1,834,478

APPROPRIATION:

Human Relations $46,481
Citizen Assistance 20,249
Commonwealth’s Attorney 29,655
Sheriff 20,277
Clerk of Courts 164,747
Court Services Unit 10,036
Personnel 99,462
Transportation and Environmental Services 47,128
Fire 1,922
Police 723,531
Office of Housing 450
Mental Health/Mental Retardation/
Substance Abuse 15,208
Health 11,690
Human Services 200,498
Office of Historic Alexandria 238,726
Recreation and Cultural Activities 78,699
Library 125,719

Total Estimated Revenue $1,834,478

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

GENERAL FUND

APPROPRIATION:
City Attorney $82,079
Schools (Transfers Out) ($82,079)

Total Appropriation $ -0-

COMPONENT UNIT

ESTIMATED REVENUE:

Component Unit - Schools
Transfer In (from General Fund) $82,079

Total Estimated Revenue $82,079



APPROPRIATION:

Component Unit - Schools $82,079

Total Appropriation $82,079

Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the General Fund the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 2000, the source of such amount being undesignated General Fund Balance, and further that the Council does hereby allot the amount so appropriated to the several city departments, as follows:

GENERAL FUND

APPROPRIATION:

City Clerk and Clerk of Council $3,256
Office of Housing 12,339
Office of Historic Alexandria 23,743

Total Appropriation $39,338

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

KERRY J. DONLEY
Mayor

Introduction: 10/13/99
First Reading: 10/13/99
Publication: 10/14/99
Public Hearing: 10/16/99
Second Reading: 10/16/99
Final Passage: 10/16/99
* * * * *

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (39-46)

Planning Commission (continued)

39. 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.




40. 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: Noted deferral 6-0

41. SPECIAL USE PERMIT #99-0087 -- 2000 DUKE ST -- CARLYLE -- Public Hearing and Consideration of a request for a special use permit amendment to reallocate floor area between blocks within Carlyle for hotel and office space; zoned CDD-1/Coordinated Development District. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.
42. SPECIAL USE PERMIT #99-0032 -- 1217 FIRST ST -- ALEXANDRIA AUTO REPAIR -- Public Hearing and Consideration of a review of a special use permit for the existing automobile repair garage; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: Nasir Kashmiri.

COMMISSION ACTION: Deferred (Staff's request)

43. 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.
44. 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 (Notice)

45. CITY CHARTER, SECTION 9.06, CASE #99-05 -- 3600 JEFFERSON DAVIS HY -- Public Hearing and Consideration of a request for approval of the sale of City-owned land located at 3600 Jefferson Davis Highway, pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria.

This item is for City Council information only.

46. TEXT AMENDMENT #99-0009 -- DRIVE-THROUGH FACILITIES -- Public Hearing and Consideration of a text amendment to eliminate the sections of the Zoning Ordinance that prohibit service stations, car washes and drive-through facilities on arterials under 100 feet in width and primary collectors under 80 feet in width.

COMMISSION ACTION: Tabled 6-0

This item was tabled by the Planning Commission; therefore, it is not before the City Council.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without Objection, City Council noted the above actions of the Planning Commission.
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 5-to-0, at 7:35 p.m., the Public Hearing Meeting of Saturday, October 16, 1999, was adjourned. The voting was as follows:

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


__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:




_____________________________________________
Beverly I. Jett, CMC City Clerk





This docket is subject to change.

* * * * *

Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
* * * * *

Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
* * * * *
Public Notice

The Mayor and certain Members of City Council will be attending the 1999 Virginia Municipal League (VML) Annual Conference which will be held October 17-19 at the Williamsburg Lodge, Williamsburg, Virginia.
* * * * *