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Public Hearing Meeting
Saturday, October 14, 2000 - - 9:30 a.m.


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Present: Mayor Kerry J. Donley, Vice Mayor William C. Cleveland, Members of Council Claire M. Eberwein, William D. Euille, Redella S. Pepper, David G. Speck and Joyce Woodson.

Absent: None.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Assistant City Manager; Ms. Ross, Acting Director of Planning and Zoning; Mr. Baier, Director of Transportation and Environmental Services; Mr. Neckel, Director of Finance; Mrs. Barnett, Deputy Director of Recreation, Parks and Cultural Activities; Ms. Baker, City Engineer, Transportation and Environmental Services; Ms. Federico, Director of Historic Alexandria; Mr. Skrabak, Manager, Environmental Quality, Transportation and Environmental Services; Ms. Beeton and Mr. Cox, Urban Planners; Mr. Smith, Principal Staff, Boards of Architectural Review; Fire Chief Hawkins; and Lieutenant Butler, Police Department.

Recorded by: Ms. Susan K. Seagroves, Deputy City Clerk and Clerk of Council.

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OPENING

The Meeting was called to Order by Mayor Donley, and the Deputy City Clerk called the Roll; all Members of City Council were present. Councilwoman Pepper arrived at 9:35 a.m.

2. Public Discussion Period.

(a) Michael S. O'Neil, 731 Bernard Street, conceded his time to his wife, Barbara Clark.

(b) Barbara L. Clark, 731 Bernard Street, distributed a handout, addressed continuing problems with Mason Hall, and asked that enforcement of the Zoning Ordinance be applied consistently throughout the City.

(A copy of Ms. Clark's handout is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(b); 10/14/00, and is incorporated herewith as part of this record by reference.)

City Manager Sunderland stated that he will prepare a memorandum addressing each of the points raised, and he asked for a month to work on this. He indicated that he will meet with Mason Hall and see what he can do to reach some multiple arrangement and some agreement among all the parties. He noted that the City is being consistent, as we are across the City, in interpreting certain provisions of the ordinance, and unless a court tells us otherwise we are not going to change our interpretations. He suggested dealing with Mason Hall directly and will return to Council with a report.

Without objection, Poul Hertel addressed the problem of that area being too narrow for fire trucks to pass through. The fire chief and he are still awaiting resolution of this problem because they can't go into the neighborhood and suggest elimination of street parking to accommodate the fire trucks while the Mason Hall issue is at hand. He urged prompt resolution of the problem.

(c) Robert L. Montague, 207 Prince Street, Chair, Alexandria Historical Restoration and Preservation Commission, endorsed the recommendation of the Planning Commission on the Washington Street issues brought up in Items 12(a) and (b). This will allow the historic district to be enlarged and to improve the standards for buildings on Washington Street. He spoke in support of Item No. 17 which will give the Commission authority to accept important open space easements outside the historic district. Mr. Montague also addressed the issue of expending the monies that will be saved by not building the large deck over Washington Street. The Commission would like to see the money used, at least in part, to create more parkland on the waterfront. Somewhat related to that issue, he raised the issue of expending some of the funds on the Freedmen's Cemetery as the Woodrow Wilson Bridge is reconstructed in that area.

Mayor Donley brought up that there will be a work session in November regarding the Jones Point Park and the urban deck. There have been some discussions with federal officials about the savings and how that will be applied. He noted that the City's goal is to use those savings here in the City for the benefit of our citizens; however, the federal officials want to see some nexus or some tie to the bridge.

(d) John Chapman Gager spoke.

(e) Joel Arneson, 5239 Tancreti Lane, resident of Cameron Station, spoke to refute an Alexandria Journal article on the construction of a large apartment complex across the street from them. They are not against renters; they are not anti-renter. He would be against the density that would come from this development on the small streets that exist in the back of Cameron Station and will make that argument when the time comes. This request will come before the Planning Commission and City Council in November, and he and his neighbors would like more time to look into this problem. They would like to delay this at least a couple of months so that they can look at the issues and decide how to proceed.

Councilman Euille thanked Mr. Arneson for speaking to set the record straight on what appears to be a misinterpretation of the facts on the discussion earlier this week between the Cameron Station residents and the developer. He was very troubled about the article in the newspaper yesterday. This is not what Alexandria is all about, and that's not how we do business here.

Councilwoman Pepper suggested Mr. Arneson and the civic association write a letter to the editor of The Journal stating their views.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-9)

Planning Commission

Without Objection, City Council removed docket item nos. 4 and 8 from the Action Consent Calendar and considered them under separate motions.

3. SPECIAL USE PERMIT #2000-0101 -- 255 SOUTH VAN DORN STREET -- VAN DORN PLAZA SHOPPING CENTER -- FITNESS FIRST -- Public Hearing and Consideration of a request for a special use permit for a health club; zoned CG/Commercial General. Applicant: Fitness First of Landmark, LLC, by Sarah E. Hall, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 10/14/00, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #2000-0112 -- 5800 EDSALL ROAD -- KOONS COLLISION REPAIR CENTER -- Public Hearing and Consideration of a special use permit review and request for amendment to install a freestanding sign and change of hours of operation for an automobile repair business; zoned CG/Commercial General. Applicant: Koons Collision Repair Center, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/14/00, and is incorporated herewith as part of this record by reference.)

6. VACATION #2000-0006 -- 101 UHLER TERRACE -- Public hearing and consideration of a request for vacation of a portion of a public right-of-way; zoned R-8/Residential. Applicant: Lonnie Rich, and appointment of viewers for same.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/14/00, and is incorporated herewith as part of this record by reference.

A copy of an e-mail letter from Amy Slack, Co-chair, Land Use Committee, Del Ray Citizens Association, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 6, 10/14/00, and is incorporated herewith as part of this record by reference.)

7. ENCROACHMENT #2000-0008 -- 1203 KING STREET -- Public Hearing and Consideration of a request for an encroachment into the public sidewalk right-of-way for a window; zoned CD/Commercial Downtown. Applicant: Art Under Foot, Inc., by Nabi Nasseri.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 10/14/00, and is incorporated herewith as part of this record by reference.)

9. DEVELOPMENT SPECIAL USE PERMIT #2000-0039 -- 4700 EISENHOWER AVENUE -- RESTAURANT DEPOT -- Public Hearing and Consideration of a request for a development special use permit, with site plan, for expansion and intensification of a noncomplying wholesale business; zoned OCM-100/Office Commercial Medium. Applicant: Jetro Cash and Carry Enterprises, Inc., by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 10/14/00, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Action Consent Calendar with the exception of docket item nos. 4 and 8 which were considered under separate motions. The Planning Commission recommendations are as follows:

3. City Council approved the Planning Commission recommendation.

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation. The Mayor subsequently appointed Judy Lowe, chair, Amoret Bunn and Ruby Fitzgerald as Viewers.

7. City Council approved the Planning Commission recommendation.

9. City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Speck "aye"
Woodson "aye"

4. SPECIAL USE PERMIT #2000-0111 -- 4609 DUKE STREET -- FOXCHASE SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a health and athletic club; zoned CG/Commercial General. Applicant: Ultimate Workout Group at Foxchase, Inc., by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/14/00, and is incorporated herewith as part of this record by reference.)

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

Pepper "aye" Eberwein "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

8. DEVELOPMENT SPECIAL USE PERMIT #2000-0028 -- 2301 EISENHOWER AVENUE, NORTH OF EISENHOWER AVENUE -- HOFFMAN TOWN CENTER -- Public Hearing and Consideration of a request for an amendment to a development special use permit to add an office building, and to refine the design of approved retail and parking garage; zoned CDD-2/Coordinated Development District. Applicant: Hoffman Management, Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/14/00, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated October 13, 2000, requesting deferral of this item, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 10/14/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Middleton's letter dated October 12, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 8; 10/14/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council deferred this item at the request of staff. The voting was as follows:

Speck "aye" Eberwein "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Woodson "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

10. Public Hearing and Consideration of the Fiscal Year 2001 Local Law Enforcement Block Grant Application for the City of Alexandria.

(A copy of the City Manager's memorandum dated October 5, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/14/00, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council held and concluded the public hearing to receive comments on the grant, as required by the U.S. Department of Justice; and (1) approved the submission of the City's on-line grant application, in the amount of $162,372, of which 90 percent, or $146,135, will be federal funds, and 10 percent, or $16,237, will be provided from the FY 2001 Police Department Operating budget for the local match; and (2) authorized the City Manager to execute any documents that may be required to receive the grant and release the grant funds to the City for expenditure. The voting was as follows:

Pepper "aye" Eberwein "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

11. Public Hearing and Consideration of Report on the Community Partnership Fund for Human Services Recommended Priorities for the FY 2002 Competitive Cycle. (#12 10/10/00)

(A copy of the City Manager's memorandum dated October 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/14/00, and is incorporated herewith as part of this record by reference.)

By unanimous consent, the following two speakers testified on this item following Council's consideration of Item No. 12:

Barbara A. Gilley, 145 Century Drive, #5101, chair, Alexandria Commission on Persons with Disabilities, spoke in support, with the language staff has agreed to insert making it explicit that the self-sufficiency category also includes consideration of proposals that foster independent living, integration and full participation; and

Doris Ray, 3100 Clarendon Boulevard, Advocacy & Outreach Coordinator, Endependence Center of Northern Virginia, Arlington, VA, spoke in support.

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council held and concluded the public hearing on the FY 2002 priorities for the Community Partnership Fund, including the community input on priorities received this summer (Attachments 2 through 7 of the City Manager's report). Final action on the FY 2002 priorities will be at Council's Tuesday, October 24, 2000, legislative meeting. The voting was as follows:

Cleveland "aye" Eberwein "aye"
Pepper "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

Without Objection, City Council considered docket items 12(a) and (b) together and under one motion.

12. WASHINGTON STREET ISSUES

(a) TEXT AMENDMENT #2000-0009 -- Public Hearing and Consideration of an amendment to Section 10-105(A)(3) of the Zoning Ordinance to revise the Additional Washington Street Standards, which apply to new development along Washington Street within the Alexandria Old and Historic District.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12(a); 10/14/00, and is incorporated herewith as part of this record by reference.)

(b) REZONING #2000-0007 -- Public Hearing and Consideration of an expansion of the boundaries of the Alexandria Old and Historic District along North Washington Street, North Saint Asaph Street and North Columbus Street.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission recommendation dated October 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12(b); 10/14/00, and is incorporated herewith as part of this record by reference.

A copy of a list entitled Architecturally Significant Historic Buildings Along Washington Street (by historic name) is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 12(a) and (b); 10/14/00, and is incorporated herewith as part of this record by reference.

A copy of a chart entitled Contributing Buildings to the National Register of Historic Places Alexandria Historic District Along Washington Street More Than Fifty Years Old is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 12(a) and (b); 10/14/00, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated May 18, 2000, and the Report of the Ad Hoc Washington Street Task Force, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item Nos. 12(a) and (b); 10/14/00, and is incorporated herewith as part of this record by reference.

A copy the report by John Rust entitled Washington Street, Alexandria Virginia, dated September 1990, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item Nos. 12(a) and (b); 10/14/00, and is incorporated herewith as part of this record by reference.

Correspondence received on this item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 6 of Item Nos. 12(a) and (b); 10/14/00, and is incorporated herewith as part of this record by reference.

A copy of a draft verbatim of the Council discussion on this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of Item Nos. 12(a) and (b); 9/12/00, and is incorporated herewith as part of this record by reference.)

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

Lois L. Walker, 417 South Royal Street, co-chair of the Washington Street Task Force, recounted what the Task Force determined as the purpose of Washington Street: It had to be a ceremonial link between the monuments of Washington and Mount Vernon; it had to be a scenic element, part of the George Washington Memorial Parkway, and it had to be a street which held business. Organizing principals were developed so that Washington Street could have a consistent image from the beginning at Abingdon Road all the way down to the Woodrow Wilson Bridge crossover. The Task Force has a vision of a tree-lined, pedestrian-friendly corridor. They will produce a guide for the public improvements to be done and a guide for the developers of private property;

Richard Leibach, 200 North Pickett Street, #507, co-chair, and one of two Planning Commission members on the Task Force, explained the composition of the group and the process used to come to its final recommendations. The product of the Task Force required some compromise, but the final recommendations were unanimous. The report was also supported entirely and completely by the National Park Service;

Donald F. Mela, 501 Slaters Lane, #722, member of the North Old Town Citizens Association, spoke in support but expressed concern about the new guidelines resulting in architectural mediocrity;

Councilman Speck and Mr. Mela participated in a discussion of architectural creativity under the new guidelines.

Ed Braswell, 426 North Columbus Street, member of the Task Force, spoke in support of the guidelines but urged the removal of the language which refers to "new or untried design approaches" and called to Council's attention the list prepared by staff of 24 historically significant buildings on Washington Street which provide 24 models to work from, not for replication, but for "similar to or comparable with" which preserves what the present law is intended;

Peter Smeallie, 600 Woodland Terrace, representing the Old and Historic Alexandria District Board of Architectural Review, stated the proposed guidelines, in general, are moving the City back to a much more prescriptive and a restrictive type of requirements which he feels leads to design mediocrity as time moves on. The BAR agreed that new and untried approaches should not be eliminated from the guidelines. The Parker-Gray Board approves the expansion of the boundaries except on the east side of the 500, 600, and 700 blocks of Columbus Street, and supports the grandfathering of the 66-foot height limitation rather than the 50-foot limitation on the 700, 800 and 900 blocks of North Saint Asaph Street; a copy of Mr. Smeallie's handout is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 8 of these items;

The Members of Council and Mr. Smeallie participated in a discussion of restrictions in the preservation of historic buildings.

Councilwoman Eberwein requested clarification from Urban Planner Cox that the two buildings in Mr. Smeallie's handout could be built under the proposed guidelines by varying the facade depth and keeping the materials the same; however, Mr. Cox explained that number five in the standards would prohibit that building in that it would no longer comply from a size standpoint, not a style standpoint. Acting Planning and Zoning Director Ross interjected that the building at 900 North Washington Street has been approved by Council, the approval was recently extended in time, and it requires that that building be built there.

Members of Council participated in a discussion with Mr. Smeallie, Acting Planning and Zoning Director Ross, Urban Planner Cox and City Attorney Pessoa.

Councilwoman Pepper inquired what does happen when Exxon comes to Washington Street? Acting Planning and Zoning Director Ross explained that new gas stations are not permitted on Washington Street and expansion has been denied. It is doubtful that there will be any construction.

Joseph Lavigne, 705 King Street, Suite 200, an architect and a member of the Task Force, addressed some of the issues raised and spoke in support of the guidelines;

Bill Cromley, 421 North Alfred Street, a member of the Parker-Gray Board of Architectural Review, objected to the inclusion of the 500, 600 and 700 blocks of North Columbus Street into the Old and Historic Alexandria District. The Parker-Gray BAR is allowed to take financial considerations into account when reviewing projects but the Old and Historic BAR is not; and objected to the phrase "untried architecture." We should enforce the design guidelines as they are written for the Old and Historic District Board, which he doesn't think have been enforced;

Charles Euripides, 734 North Saint Asaph Street, owner of the Royal Restaurant and representing some other members of the neighborhood, objected to lowering the height of buildings from 66 feet to 50 feet in the Saint Asaph Street area. The buildings facing the Saint Asaph, Montgomery and Wythe Street area are not actually visible from Washington Street and should not be included in the same height limitation, nor are they in the historic section. He urged Council not to include the height restrictions;

Michael J. DeMeo, 542 North Saint Asaph Street, representing Shad Row Unit Owners Condominium Association, endorsed the Planning Commission recommendation for approval of both Items 12(a) and (b);

Katy Cannady, 20 East Oak Street, on behalf of the Rosemont Citizens Association, endorsed the resolution of the North East Civic Association regarding these Washington Street text amendments, and the text amendments should be adopted with no changes;

Poul Hertel, 1217 Michigan Court, a member of the Task Force and president of the North East Citizens' Association, spoke in support and addressed some of the concerns raised by Councilwoman Eberwein;

Ellen Pickering, 103 Roberts Lane, spoke in support of the report's adoption as presented;

Sylvia Sibrover, 915 Second Street, read a letter dated September 27, 2000, in support from presidents and representatives of Alexandria civic and citizens' associations; a copy of the letter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 9 of these items;

Mark S. Feldheim, 1215 Prince Street, representing Old Town Civic Association, reported that the Old Town Civic Association endorses the Planning Commission recommendation relative to Items 12(a) and (b);

Mark Webster, 1208 Princess Street, spoke in support;

Engin Artemel, 120 Madison Place, a member of Old Town North Civic Association, and speaking as an architect and planner, recommended the approval of both 12(a) and (b); and

Charles Ablard, 803 Hall Place, on behalf of both the Historic Alexandria Foundation and the Alexandria Historic Restoration and Preservation Commission, endorsed the recommendation as proposed.

Members of City Council commended the work of the Task Force and commented on the report.

Councilwoman Eberwein questioned City Attorney Pessoa and Acting Planning and Zoning Director Ross if the 500, 600 and 700 blocks of North Columbus Street remain in the Parker-Gray District and if the grandfathering of some of the buildings on Saint Asaph Street at a height of 66 feet are already incorporated into the Planning Commission recommendation. Mr. Pessoa responded that the Planning Commission recommendation includes moving the Columbus Street blocks to the Old and Historic Alexandria District, and the grandfathering of the buildings on Saint Asaph Street is included in the recommendation. Councilwoman Eberwein will propose an amendment to the ordinance brought forward in November to return those blocks to the Parker-Gray District.

WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Vice Mayor Cleveland to approve the Planning Commission's recommendation and the Washington Street Task Force recommendations.

THEREUPON, a motion was made by Councilwoman Eberwein and seconded by Vice Mayor Cleveland to amend the motion by adding to section 10-105(A)(3)(a)(1)(vii) of the text amendment the words, "along Washington Street" and deleting the words, "in the historic district" in the second line following the word "elsewhere" so that it now reads: "(vii) The massing and proportions of new buildings or additions to existing buildings designed in an historic style found elsewhere along Washington Street shall be consistent with the massing and proportions of that style."

WHEREUPON, a substitute motion was offered by Councilman Speck to close the public hearing and defer action until the next legislative meeting; which motion DIED for lack of a second.

THEREUPON, Council returned to the motion to amend by Councilwoman Eberwein, seconded by Vice Mayor Cleveland, and carried unanimously, City Council amended the motion by adding to section 10-105(A)(3)(a)(1)(vii) of the text amendment the words, "along Washington Street" and deleting the words, "in the historic district" in the second line following the word "elsewhere" so that it now reads: "(vii) The massing and proportions of new buildings or additions to existing buildings designed in an historic style found elsewhere along Washington Street shall be consistent with the massing and proportions of that style." The voting was as follows:

Eberwein "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"

WHEREUPON, Council returned to the main motion made by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Planning Commission's recommendation and the Washington Street Task Force recommendations, as amended, by adding to section 10-105(A)(3)(a)(1)(vii) of the Text Amendment the words, "along Washington Street" and deleting the words, "in the historic district" in the second line following the word "elsewhere" so that it now reads: "(vii) The massing and proportions of new buildings or additions to existing buildings designed in an historic style found elsewhere along Washington Street shall be consistent with the massing and proportions of that style." The voting was as follows:

Pepper "aye" Eberwein "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"
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13. SPECIAL USE PERMIT #2000-0090 -- 5701 EISENHOWER AVENUE -- SUMMER'S GROVE -- Public Hearing and Consideration of a request for a special use permit amendment to allow the use of the existing sport court for basketball; zoned OCH/Office Commercial High. Applicant: Summer's Grove Association, Inc., by Janet H. Sledge.

COMMISSION ACTION: Recommend Denial 7-0

(A copy of the Planning Commission report dated October 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/14/00, and is incorporated herewith as part of this record by reference.)

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

Chris Raye, 5839 Pearson Lane, spoke in opposition;

Zina Raye, 5839 Pearson Lane, spoke in opposition;

Robin Holtzhouser, 5831 Pearson Lane, spoke in opposition;

Amy Svitil, 5833 Pearson Lane, spoke in opposition;

Ronny Teal, 5815 Pearson Lane, spoke in opposition;

Janet Sledge, 5817 Summer's Grove Road, president of the Summer's Grove Homeowner's Association, spoke in support;

Barbara DeJournette, 5829 Pearson Lane, spoke in opposition;

Ted DeJournette, 5829 Pearson Lane, spoke in opposition;

David Fritz, 5806 Summer's Grove Road, spoke in support;

Lorna Teal, 5815 Pearson Lane, spoke in opposition;

Robert T. Taylor, 938 Harrison Circle, representing Summer's Grove Homeowner's Association, spoke in support;

Alison Fritz, 5806 Summer's Grove Road, spoke in support; and

Randy Hall, 5807 Pearson Lane, spoke in opposition.

Councilman Euille inquired of staff why this item involving a homeowners association request for an amendment to a SUP for the use of an existing sport court for basketball is before City Council. Acting Planning and Zoning Director Ross explained that the problem is that the plan that was proposed by the developer and shown to the homeowners is very specific that this will be a volleyball court. The office of Planning and Zoning notified the homeowners association that they were in violation of their special use permit, and if they wanted to change that use they had to come to City Council.

City Manager Sunderland suggested that Council could now, and in the future, say, " 'x' or other comparable use as permitted by the homeowners association." That takes the issue of changing "x" and puts it in the hands of the people who live there and the governance of the community that lives there.

WHEREUPON, a motion was made by Councilwoman Eberwein and seconded by Vice Mayor Cleveland to overturn the recommendation of the Planning Commission, and in its place on page 3, #61, amended the special use permit by inserting the language recommended by staff, "or other comparable use as permitted by the Summer's Grove Association, Inc." following the words, "Sports Court" on line 1, but included on the third line following "the Summer's Grove Association, Inc.," the language, "however, the approved uses will prohibit basketball." Condition #61 now reads: "61. The site plan designation of volleyball court shall be changed to 'Sports Court' or other comparable use as permitted by the Summer's Grove Association, Inc. The uses, activities and standards for the Sports Court's operations shall be the sole responsibility of the Summer's Grove Association, Inc.; however, the approved uses will prohibit basketball. Signs shall be posted on the Sports Court to indicate 'No Trespassing' and 'Use By Residents and Guests Only,' and a letter shall be filed with the Alexandria Police Department authorizing the Alexandria Police Department to enforce the posted signs on the Sports Court."

THEREUPON, a substitute motion was made by Councilman Euille that the Council return the action to the Planning Commission and that this whole matter be referred back to the homeowners association for its resolution. And, further, that staff work with the homeowners association and/or the owners of the property to offer advice in terms of how to properly reconstruct this facility to reduce the amount of noise; which motion DIED for lack of a second.


WHEREUPON, Council returned to the original motion made by Councilwoman Eberwein, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-2, City Council overturned the recommendation of the Planning Commission, and in its place on page 3, #61, amended the special use permit by inserting the language recommended by staff, "or other comparable use as permitted by the Summer's Grove Association, Inc." following the words, "Sports Court" on line 1, but included on the third line following "the Summer's Grove Association, Inc.," the language, "however, the approved uses will prohibit basketball." Condition #61 now reads: "61. The site plan designation of volleyball court shall be changed to 'Sports Court' or other comparable use as permitted by the Summer's Grove Association, Inc. The uses, activities and standards for the Sports Court's operations shall be the sole responsibility of the Summer's Grove Association, Inc.; however, the approved uses will prohibit basketball. Signs shall be posted on the Sports Court to indicate 'No Trespassing' and 'Use By Residents and Guests Only,' and a letter shall be filed with the Alexandria Police Department authorizing the Alexandria Police Department to enforce the posted signs on the Sports Court." The voting was as follows:

Eberwein "aye" Euille "no"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "no"

14. SPECIAL USE PERMIT #2000-0080 -- 3616 KING STREET -- BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit for a restaurant with a reduction of off-street parking; zoned CG/Commercial General. Applicant: S & Pan Company, by Guo-Jun Sun. (#9 9/16/00)

COMMISSION ACTION: Approved 7-0

(A copy of the Planning Commission report dated September 5, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/14/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Sun's letter dated October 12, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 10/14/00, and is incorporated herewith as part of this record by reference.

A copy of a letter dated October 10, 2000, from Celeste M. Mordacq, Property Manager, Washington Real Estate Investment Trust, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 14; 10/14/00, and is incorporated herewith as part of this record by reference.)

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

Jun Sun, 300 Skidmore Boulevard, Gaithersburg, MD, representative of S&Pan Company, spoke in support of the application.

Councilman Speck, Mayor Donley and Acting Planning and Zoning Director Ross discussed general concerns of parking and access at Bradlee Shopping Center.

Councilwoman Woodson asked if the parking at the back of the center is part of the shopping center parking and why there is always open parking there. Acting Planning and Zoning Director Ross responded that it is part of the center, and she also finds parking available there. The applicant volunteered to post a sign in the restaurant to encourage customers to park behind the shopping center.

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

Speck "aye" Cleveland "aye"
Eberwein "aye" Euille "aye"
Donley "aye" Pepper "aye"
Woodson "aye"

Councilman Speck left the meeting at 1:05 p.m.

ORDINANCES AND RESOLUTIONS

15. (a) Public Hearing, pursuant to Section 58.1-3007 of the Code of Virginia of 1950, as amended, on the proposed change in the consumer utility tax levied on consumers of electric and natural gas services in the City, to a tax based on the quantity of electricity or natural gas consumed by such consumers, measured in kilowatt hours or cubic feet delivered, as applicable. [As required by state law, the conversion to a tax based on the quantity of electricity or natural gas consumed is intended to be revenue neutral.]

(b) Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of Title 3 of the City Code, which imposes a consumption tax on electric and natural gas utility services, and Title 9 of the City Code, which imposes a business license tax on the providers of such services, to conform to recent changes in state law. (#13 10/10/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15(b); 10/14/00, and is incorporated herewith as part of this record by reference.)

The Deputy City Clerk read the docket items.

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

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

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Speck left meeting
Woodson "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4164

AN ORDINANCE to amend and reordain Article F (TAX ON PERSONS PURCHASING CERTAIN UTILITY SERVICES) of, and to add a new Article V (ELECTRIC AND NATURAL GAS CONSUMERS TAX) to, Chapter 2 (TAXATION), Title 5 (FINANCE, TAXATION AND PROCUREMENT), and to amend and reordain Section 9-1-84 (PUBLIC UTILITIES) of Chapter 1 (BUSINESS LICENSES), Title 9 (LICENSING AND REGULATION), all of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article F of Chapter 2, Title 3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:
Article F
TAX ON PERSONS PURCHASING TELEPHONE AND WATER SERVICES

Sec. 3-2-61 Definitions.

The following words, phrases and terms shall for the purposes of this article, have the following respective meanings, except where the context clearly indicates a different meaning:

(1) Commercial or industrial user. The owner or tenant of property used primarily for commercial or industrial purposes, but this term shall not include apartment houses or other multiple-family dwellings.

(2) Dwelling unit. One or more rooms designed or intended for occupancy by a single family.

(3) Multiple-family dwelling. A building or a portion thereof containing two or more dwelling units, but not including hotels or motels.

(4) Purchaser. Every person who purchases a utility service.

(5) Residential user. The owner or tenant of property used primarily for residential purposes, and this term shall include, but not by way of limitation, apartment houses and other multiple-family dwellings.

(6) Seller. Every person, whether or not a public service corporation or a municipality, who sells or furnishes a utility service.

(7) Used primarily. This term shall relate to the larger portion of the use for which the utility service is furnished and, for the purposes of this article, in the determination of the primary use for which a utility service is furnished, the primary or larger portion of that use shall be determined by the relative load for each use or the relative time of operation by each.

(8) Utility service. This term shall include a local exchange telephone service and water service furnished in the city.


Sec. 3-2-62 Tax rate and levy.

There is hereby imposed and levied by the city, upon every purchaser of a utility service, a tax for general purposes in the following amounts: 15 percent for water service and 25 percent for telephone service. The above mentioned tax rates shall be computed as a percent of the charge (exclusive of any federal or state tax thereon) made by the seller against the purchaser with respect to each utility service, which tax in every case shall be collected by the seller from the purchaser and shall be paid by the purchaser unto the seller for the use of the city at the time that the purchase price or such charge shall become due and payable under the agreement between the purchaser and the seller; provided, that in case any monthly bill submitted by any seller for service to a commercial or industrial user shall exceed $150, there shall be no tax computed on so much of the bill as shall exceed $150. Bills shall be considered monthly bills, for the purpose of this article, if submitted 12 times per year for periods of approximately one month each. Accordingly, there shall be no tax computed on so much of a bill for services submitted to a commercial or industrial user in excess of $300 where the billing is made on a bi-monthly basis, that is, every other month, and there shall be no tax computed on so much of a bill for services submitted to a commercial or industrial user in excess of $450 where the billing is made quarterly.

Sec. 3-2-63 Application for classification as commercial or industrial user.

(a) Every commercial or industrial user of a utility service shall apply forthwith to the director for classification as a commercial or industrial user. Upon receipt of the application, if approved by the director, a certificate shall be furnished to the applicant stating such classification. The certificate shall state on its face the name of the user, his address and a brief statement as to why such classification as commercial or industrial user was granted, as well as a serial number assigned to the certificate.

(b) The holder of any such certificate shall notify the director immediately upon any change in his operation that would or might alter his status as a commercial or industrial user. Failure to so notify the director shall be grounds for revoking any certificate then outstanding.

(c) No person shall claim any tax exemption or benefit as a commercial or industrial user without having obtained a certificate, or fail or neglect to have a valid certificate at the time the claim is made.

(d) All purchasers of water service and telephone service in the city shall be presumed to be residential users, unless and until application is made to and approved by the director for classification as a commercial or industrial user.

Sec. 3-2-64 Duty of seller.

(a) It shall be the duty of every seller, in acting as the tax collection medium or agency for the city to collect from the purchaser for the use of the city the tax imposed and levied by this article at the time of collecting the purchase price charged therefor, and the taxes collected during each calendar month or billing period shall be reported and paid by each seller to the director by the fifteenth day of the second calendar month thereafter, together with the name and address of any purchaser who has refused to pay his tax.

(b) In all cases where the seller collects the price for utility service in stated periods, the tax imposed and levied by this article shall be computed on the amount of purchase during the month or period according to each bill rendered; provided, that the amount of tax to be collected shall be the nearest whole cent to the amount computed.

(c) Every seller shall keep complete records showing all purchases in the city, which records shall show the price charged against each purchaser with respect to each purchase, the date thereof, the date of payment thereof and the amount of tax imposed hereunder, and such records shall be kept open for inspection by the director during regular business hours on business days, and the director shall have the right, power and authority to make such transcripts thereof during such times as they may desire.

(d) The seller shall collect the tax imposed and levied by this article from all purchasers on a residential user basis, except for those purchasers whose names appear on the lists of commercial and industrial users, which lists are prepared by the director, pursuant to section 3-2-69 of this code; provided, that notwithstanding any other provision of this article, any seller of a utility service that maintains records and rate schedules or tariffs approved by the state corporation commission which segregate charges for such utility service as between residential users and commercial and industrial users, may classify and collect the tax imposed and levied by this article in accordance with such segregation; except, that apartment houses and other multiple family dwellings shall be classified as residential users.

Sec. 3-2-65 Power of director of finance to prescribe forms, make regulations and extend time of payment.

(a) The director is hereby authorized to prescribe forms for the filing of any report or the payment of any funds as set forth in this article.

(b) The director is hereby authorized to make and establish rules and regulations not inconsistent with this article to help carry out the provisions of this article.

(c) The director is hereby authorized to extend, for good cause shown, the time of filing any return required to be filed by the provisions of this article; provided, that no such extension shall exceed a period of 90 days.

Sec. 3-2-66 Exemptions; maximum tax.

(a) Any provision in subsection (c) to the contrary notwithstanding, the United States of America, diplomatic personnel exempted by the laws of the United States, the state and the political subdivisions, boards, commissions and the authorities and agencies thereof, including the city, are hereby exempt from the payment of the tax imposed and levied by this article with respect to the purchase of utility services used by such governmental agencies. The tax hereby imposed and levied shall not apply to the purchase of bottled water or service from the Alexandria Sanitation Authority.

(b) Any provision in subsection (c) to the contrary notwithstanding, the tax imposed and levied by this article shall not apply to purchases of utility services by and for the exclusive benefit of any local unincorporated religious congregation, church or religious society or branch or division thereof located within the city, provided such utility services are used in and for property being devoted primarily to religious purposes at the time of the purchases; nor shall such tax apply to purchases of utility services to be used in any schools conducted within the city by any such local unincorporated religious congregation, church or religious society or branch or division thereof.

(c) The tax imposed and levied by this article upon hospitals which operate within the city and upon entities which receive, or are eligible for, an exemption from city real property taxes under title 58.1 of the Virginia Code (1950), as amended, or under the Virginia Constitution, shall not exceed $24 a month.

Sec. 3-2-67 Applicability to telephone service.

The tax imposed and levied by this article on purchasers with respect to telephone service shall apply to all charges made for local telephone exchange service, except as follows:

(1) Coin box telephone. The total number of the guaranteed charge on each bill rendered for semipublic coin box telephone service shall be included in the basis for the tax with respect to the purchaser of this service, but no other tax shall be imposed on telephone service paid for by inserting coins in coin operated telephones.

(2) Flat rate service. With respect to flat rate and flat message rate service, the tax shall apply only to the amount payable for local area service, and shall not apply to any specific charge for calls to points outside the city or to any general charge or rate differential payable for the privilege of calling points outside the city.

(3) Message rate service. Where purchasers of telephone service are charged on a message rate basis, the tax shall apply only to the basic charge for the service and shall not apply to any charge for additional message units.

Sec. 3-2-68 Repealed.

Sec. 3-2-69 Duties of director.

(a) The director shall be charged with the power and duty of collecting the taxes imposed and levied under this article.

(b) The director shall distribute to each seller, except sellers that elect to maintain records and rate schedules or tariffs for classifying commercial or industrial users, as provided in section 3-2-64 of this code, a list containing the names and addresses of all commercial and industrial users served by the seller. The lists shall be kept current by the director by notifying the sellers of any additions and deletions thereto, and shall be revised completely at least once per calendar year.

Sec. 3-2-70 Penalties.
Any purchaser failing, refusing or neglecting to pay the tax imposed and levied by this article and any purchaser or seller violating any of the provisions of this article and any officer, agent or employee of any seller violating the provisions of this article shall, upon conviction thereof, be punished by a fine of not less than $10 nor more than $300 or by imprisonment in jail for not more than three months, or by both such fine and imprisonment. Each failure, refusal, neglect or violation and each day's continuance thereof shall constitute a separate offense. Such conviction shall not relieve any person from the payment, collection and remittance of the tax as provided in this article.

Secs. 3-2-71 through 3-2-80 reserved.

Section 2. That a new Article V is hereby added to Chapter 2, Title 3 of The Code of the City of Alexandria, Virginia, 1981, as amended, and the same is hereby enacted to read as follows:

Article V
ELECTRIC AND NATURAL GAS CONSUMERS TAX

Sec. 3-2-372 Definitions.

The following words and phrases, when used in this article, shall have the following meanings:

(1) Commercial consumer. The owner or tenant of property used primarily for commercial purposes, or for purposes not otherwise defined in this section, but not including apartment houses and other multiple-family dwellings.

(2) CCF. The volume of gas at standard pressure and temperature in units of 100 cubic feet.

(3) Consumer. Every person who, individually or through agents, employees, officers, representatives or permitees, makes a taxable purchase of utility services in the city.

(4) Dwelling unit. One or more rooms designed or intended for occupancy by a single family.

(5) Gas utility. A public utility authorized to furnish natural gas service in Virginia.

(6) Group meter consumer. The owner or operator of an apartment house or other multiple-family dwelling who or which receives a utility service for all dwelling units situated within such apartment house or other multiple-family dwelling, which utility service is metered through a single meter.

(7) Group meter interruptible gas consumer. A group meter consumer who or which receives natural gas service, pursuant to an executed contract, which may be interrupted by the service provider under tariffs approved by the State Corporation Commission of Virginia.

(8) Industrial consumer. The owner or tenant of property used primarily for industrial purposes, but not including apartment houses and other multiple-family dwellings.

(9) Kilowatt hours (kWh) delivered. 1000 watts of electricity delivered in a one-hour period by an electric provider to an actual consumer, except that in the case of eligible customer-generators (sometimes called cogenerators), as defined in Virginia Code section 56-594, it means kWh supplied from the electric grid to such customer-generators, minus the kWh generated and fed back to the electric grid by such customer-generators.

(10) Multiple-family dwelling. A building or a portion thereof containing two or more dwelling units, but not including hotels or motels.

(11) Non-residential consumer. A commercial consumer or an industrial consumer.

(12) Non-residential interruptible gas consumer. A non-residential consumer who or which receives natural gas service, pursuant to an executed contract, which may be interrupted by the service provider under tariffs approved by the State Corporation Commission of Virginia.

(13) Person. Any individual, corporation, company or other entity.

(14) Pipeline distribution company. A person, other than a pipeline transmission company which transmits, by means of a pipeline, natural gas, manufactured gas or crude petroleum and the products or byproducts thereof to a consumer for purposes of furnishing heat or light.

(15) Residential consumer. The owner or tenant of property used primarily for residential purposes, including but not limited to, apartment houses and other multiple-family dwellings.

(16) Service provider. A person who delivers electricity to a consumer, or a gas utility or pipeline distribution company which delivers natural gas to a consumer.

(17) Used primarily. Relates to the larger portion of the use for which utility service is furnished.

(18) Utility service. Electric service or natural gas service.

Sec. 3-2-373 Electric utility consumer tax.

There is hereby imposed and levied a monthly tax on each purchase of electricity delivered to a consumer by a service provider, classified as determined by such service provider, as follows:

(a) Residential consumers. Such tax on residential consumers shall be at the rates per month for the classes of residential consumers as set forth below:

(i) Residential consumers generally. Such tax on a residential consumer, except as set forth below, shall be $1.12, plus the rate of $0.012075 on each kWh delivered monthly to such residential consumer by a service provider, not to exceed $2.40 monthly.

(ii) Group meter consumer. Such tax on a group meter consumer shall be $1.12, multiplied by the number of dwelling units served by such group meter, plus the rate of $0.012075 on each kWh delivered monthly to such group meter consumer by a service provider, not to exceed $2.40 monthly multiplied by the number of dwelling units served by such group meter.

(b) Non-residential consumers. Such tax on non-residential consumers shall be at the rates per month for the classes of non-residential consumers as set forth below:

(i) Commercial consumers. Such tax on a commercial consumer shall be $0.97, plus the rate of $0.004610 on each kWh delivered monthly to such commercial consumer by a service provider.

(ii) Industrial consumers. Such tax on an industrial consumer shall be $0.97, plus the rate of $0.003755 on each kWh delivered monthly to such industrial consumer by a service provider.

Sec. 3-2-374 Natural gas utility consumer tax.

There is hereby imposed and levied a monthly tax on each purchase of natural gas delivered to consumers by pipeline distribution companies and gas utilities classified by "class of consumers," as such term is defined in Virginia Code section 58.1- 3814(J), as follows:

(a) Residential consumers. Such tax on residential consumers shall be at the rates per month for the classes of residential consumers as set forth below:

(i) Residential consumers generally. Such tax on a residential consumer, except as set forth below, shall be $1.28, plus the rate of $0.124444 on each CCF delivered monthly to such residential consumer by a service provider, not to exceed $2.40 monthly.

(ii) Group meter consumer. Such tax on a group meter consumer shall be $1.28, multiplied by the number of dwelling units served by such group meter, plus the rate of $0.050909 on each CCF delivered monthly to such group meter consumer by a service provider, not to exceed $2.40 monthly multiplied by the number of dwelling units served by such group meter.

(iii) Group meter interruptible gas consumer. Such tax on a group meter interruptible gas consumer shall be $1.28, multiplied by the number of dwelling units served by such group meter, plus $0.023267 on each CCF delivered monthly to such group meter interruptible gas consumer by a service provider, not to exceed $2.40 monthly multiplied by the number of dwelling units served by such group meter.

(b) Non-residential consumers. Such tax on non-residential consumers shall be at the rates per month for the classes of non-residential consumers as set forth below:

(i) Commercial consumers. Such tax on a commercial consumer shall be $1.42, plus the rate of $0.050213 on each CCF delivered monthly to such commercial consumer by a service provider.

(ii) Industrial consumers. Such tax on an industrial consumer shall be $1.42, plus the rate of $0.050213 on each CCF delivered monthly to such industrial consumer by a service provider.

(iii) Non-residential interruptible gas consumers. Such tax on a non-residential interruptible gas consumer shall be $4.50, plus the rate of $0.003670 on each CCF delivered monthly to such non-residential interruptible gas consumer by a service provider.

Sec. 3-2-375 Exemptions; maximum tax.

(a) The United States of America, diplomatic personnel exempted by the laws of the United States, the state and the political subdivisions, boards, commissions and the authorities and agencies thereof, including the city, are hereby exempt from the payment of the tax imposed and levied by this article with respect to the purchase of utility services used by such governmental agencies.

(b) The tax imposed and levied by this article upon (i) purchases of utility services by and for the exclusive benefit of any local unincorporated religious congregation, church or religious society or branch or division thereof located within the city, provided such utility services are used in and for property being devoted primarily to religious purposes at the time of the purchases, or (ii) purchases of utility services to be used in any schools conducted within the city by any such local unincorporated religious congregation, church or religious society or branch or division thereof, shall not exceed $0.97 a month for electric service and $1.42 a month for natural gas service.

(c) The tax imposed and levied by this article upon hospitals which operate within the city and upon entities which receive, or are eligible for, an exemption from city real property taxes under title 58.1 of the Virginia Code (1950), as amended, or under the Virginia Constitution, shall not exceed $24 a month.

Sec. 3-2-376 Billing, collection and remittance of tax.

(a) The service provider shall bill the tax to each consumer who is subject to the tax and to whom it delivers utility services, by adding it as a separate charge to such consumer's monthly statement, and shall collect the tax from all such consumers. Until the consumer pays the tax to such service provider, the tax shall constitute a debt of the consumer to the city. If any consumer receives and pays for utility service but refuses to pay the tax that is imposed by this article, the service provider shall notify the director of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax that is imposed by this article, the service provider shall follow its normal collection procedures with respect to the charge for service and the tax, and upon collection of the bill or any part thereof shall (i) apportion the net amount collected between the charge for utility service and the tax, and (ii) remit the tax portion to the city. After the consumer pays the tax to the service provider, the tax collected shall be deemed to be held in trust by such service provider until remitted to the city.

(b) A service provider shall remit monthly to the city the amount of tax paid during the preceding month by the service provider's consumers.

(c) The tax shall be remitted to the city, on or before the last day of the succeeding month of collection. Failure to remit timely will result in a ten percent penalty.

(d) Bills shall be considered as monthly bills for the purposes of this article if submitted 12 times per year with approximately 30 days in each billing cycle. Accordingly, the tax for a bi-monthly bill (approximately 60 days in each billing cycle) shall be determined as follows: (i) a monthly usage of utility service shall be calculated by dividing the kWh or CCF usage number in a bi-monthly bill by two; (ii) a monthly tax shall then be calculated by multiplying the quotient determined in (i) above by the rate in the appropriate classification set forth in sections 3-2-373 or 3-2-374; (iii) the monthly tax determined in (ii) above shall be multiplied by two; and (iv) the tax determined in (iii) above shall not exceed twice the monthly "maximum tax" for the appropriate classification set forth in sections 3-2-373 or 3-2-374.

Sec. 3-2-377 Reports and records.

At the same time that service providers remit the monthly taxes collected in accordance with section 3-2-376, all such service providers shall file reports of collections received from consumers, and those reports shall show all taxes collected, all taxes not collected, and all amounts apportioned pursuant to section 3-2-376. All such reports shall include the names and addresses of any consumer who has refused to pay any tax imposed by this article. All service providers shall also keep complete records showing all utility service provided in the city, which records shall show all purchases of the utility services in the city, the amount of tax imposed under this article, and the date of payment of such tax, and such records shall be kept open for inspection by the director or other authorized agent of the city.

Sec. 3-2-378 Power of director of finance to prescribe forms, make regulations and extend time of payment.

(a) The director is hereby authorized to prescribe forms for the filing of any report or the payment of any funds as set forth in this article.

(b) The director is hereby authorized to make and establish rules and regulations not inconsistent with this article to help carry out the provisions of this article.

(c) The director is hereby authorized to extend, for good cause shown, the time of filing any form required to be filed by the provisions of this article; provided, that no such extension shall exceed a period of 90 days.

Sec. 3-2-379 Violation of article.

Any consumer or service provider violating the provisions of this article, and any officer, agent or employee of any service provider violating the provisions of this article, shall be deemed guilty of a class 4 misdemeanor. Each failure, refusal, neglect or violation and each day's continuance thereof shall constitute a separate offense. A conviction for violation of this article shall not relieve any person from the payment, collection and remittance of the tax as provided in this article.

Section 3. That Section 9-1-84 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 9-1-84 Public utilities.

(a) All motor vehicle carriers operating on or through the streets of the city shall pay for the privilege of using the streets, roads and routes, including bridges, an annual license tax as follows: one-fifth cent per mile for each mile operated within the city by any vehicle weighing 5,000 pounds or less, two-fifths cent per mile for each mile so operated by any vehicle weighing more than 5,000 pounds and less than 15,000 pounds; and three-fifths cents per mile for each mile so operated by any vehicle weighing more than 15,000 pounds.

(b) All telephone companies, for the privilege of doing business in the city, shall pay an annual license tax equal to $1.03 per $100 of the gross receipts for the rentals, subscriptions and stations, excluding however, business done between the city and points without the state and messages sent by the federal government of this state and their officers and agents.

(c) All persons engaged in the business of sending telegrams from the city to any point within the state shall pay for the privilege an annual license tax equal to two percent of the gross receipts received from such telegrams and telegraphic communications of any kind.

(d) All persons furnishing water for domestic and commercial consumption shall pay for the privilege an annual license tax of one-half of one percent of the gross receipts from any one or more of such businesses.

Section 4. That sections 1 and 2 of this ordinance shall be deemed to be enacted on the date of the final passage of this ordinance, but shall not be effective until the date of the first meter reading of each consumer's meter, by such consumer's service provider, after December 31, 2000.

Section 5. That section 3 of this ordinance shall be effective (a) on January 1, 2001, as to persons first furnishing, heat, light or power by means of electric current or gas in the city on or after January 1, 2001, and (b) on January 1, 2002, as to persons furnishing, heat, light or power by means of electric current or gas in the city prior to January 1, 2001.

Section 6. That on or before October 31, 2000, the city clerk shall forthwith provide written notice of the passage of this ordinance, by certified mail, to the registered agents of the service providers and other persons required to collect the taxes imposed by this ordinance.

KERRY J. DONLEY
Mayor


Introduction: 10/10/00
First Reading: 10/10/00
Publication: 10/12/00
Public Hearing: 10/14/00
Second Reading: 10/14/00
Final Passage: 10/14/00

* * * * *

16. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of Title 5 of the City Code dealing with the impounding of dangerous and vicious dogs, to conform to recent changes in state law. (#14 10/10/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/14/00, and is incorporated herewith as part of this record by reference.)

The Deputy City Clerk read the docket item.

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

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

Cleveland "aye" Eberwein "aye"
Pepper "aye" Euille "aye"
Donley "aye" Speck left meeting
Woodson "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4165

AN ORDINANCE to amend and reordain Section 5-7-36.1 (COMPLAINT OF VICIOUS AND DANGEROUS DOGS; PROCESSING OF COMPLAINTS), and subsection (a) of Section 5-7-37 (IMPOUNDING OF VICIOUS DOG; CONFINEMENT OF DOG WHICH HAS COMMITTED AN ATTACK) of Article C (DOGS AND OTHER ANIMALS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-7-36.1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-7-36.1 Complaints of vicious and dangerous dogs; processing of complaints.

(a) Any person may make a verbal or written complaint to the chief animal control officer of a dog which the complainant believes to be vicious or dangerous. The complaint shall include sufficient information to enable the chief animal control officer to ascertain the location and owner of the dog and shall also include the reasons why the complainant believes the dog to be vicious or dangerous. In the case of a verbal complaint, the complaint shall be put in writing by the chief animal control officer. A copy of the complaint shall then be mailed by the chief animal control officer to the owner of the dog at the owner's last known address.

(b) Within 10 days of the making of the complaint, the chief animal control officer shall undertake an investigation to determine whether the dog identified in the complaint is vicious or dangerous. Such investigation shall include an opportunity for the owner of the dog to present evidence to the chief animal control officer pertinent to the viciousness or dangerousness of the dog, and may include interviews with the complainant and other persons having personal knowledge regarding the dog, and observations of the dog in its normal habitat.

(c) Upon completion of the investigation, the chief animal control officer shall determine whether the dog identified in the complaint is vicious or dangerous.

(1) If the chief animal control officer determines that the dog is neither vicious nor dangerous, he/she shall inform the complainant and the owner of the determination, and no further action shall be taken on the complaint.

(2) If the chief animal control officer determines that the dog is vicious, he/she shall put the determination in writing, as well as the reasons supporting it. The chief animal control officer shall then forward this written determination to the complainant and the owner and, in addition, shall notify the owner that the dog must be destroyed or removed from the city within seven days. If the owner fails to destroy or remove the dog within such period, the chief animal control officer shall recommend to the city manager that the city seek an order from a court of competent jurisdiction requiring that the dog be destroyed or removed from the city. Nothing in this section shall be construed as impairing or affecting in any way the authority of the chief animal control officer under section 5-7-37 to confine a dog identified in a complaint during the conduct of the investigation to determine whether the dog is vicious or dangerous.

(3) If the chief animal control officer determines that the dog is dangerous, he/she shall notify the city manager of the determination and of the requirements which should be included in the permit to be issued by the manager under section 5-7-36.2.

(d) The chief animal control officer may delegate the authority and responsibilities assigned to her by this section, or any part thereof, to any deputy animal control officer.

Section 2. That subsection (a) of Section 5-7-37 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-7-37 Impounding of vicious or dangerous dog; confinement of animal which has committed an attack.

(a) Whenever a complaint is made to the chief animal control officer that a dog is vicious or dangerous, and the chief animal control officer undertakes an investigation to determine whether the dog identified in the complaint is vicious or dangerous, the dog in question shall be impounded and kept at the animal shelter, at the owner's expense, pending final disposition of the case, provided such animal is not destroyed as provided by section 5-7-39. If the chief animal control officer determines that the owner of the dog can confine the dog in a manner that protects the public safety, he may permit the owner to confine the dog at a location other than the animal shelter until final disposition of the case.

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

KERRY J. DONLEY
Mayor
Introduction: 10/10/00
First Reading: 10/10/00
Publication: 10/12/00
Public Hearing: 10/14/00
Second Reading: 10/14/00
Final Passage: 10/14/00

* * * * *

17. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of Title 7 of the City Code to expand the area within which the Alexandria Historical Restoration and Preservation Commission may exercise its powers. (#15 10/10/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/14/00, and is incorporated herewith as part of this record by reference.)

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

Euille "aye" Eberwein "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck left meeting
Woodson "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4166

AN ORDINANCE to amend and reordain Section 7-3-1 (RESTORABLE AREA ESTABLISHED) of Chapter 3 (HISTORIC PRESERVATION), Title 7 (PLANNING AND ZONING) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 7-3-1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 7-3-1 Restorable area established.

(a) The below described area within the city is established and designated as the restorable area contemplated by section 1(d), chapter 481, 1962 Acts of Assembly of Virginia, within which area the Alexandria Historical Restoration and Preservation Commission is hereby given the right to exercise its powers.

(b) The restorable area shall be the corporate limits of the city, as established by the Charter of the City of Alexandria, Virginia.

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

KERRY J. DONLEY
Mayor

Introduction: 10/10/00
First Reading: 10/10/00
Publication: 10/12/00
Public Hearing: 10/14/00
Second Reading: 10/14/00
Final Passage: 10/14/00

* * * * *

18. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of Title 9 of the City Code which establish the due dates for the payment of business license taxes, to conform to the requirements of state law. (#16 10/10/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 2, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/14/00, and is incorporated herewith as part of this record by reference.)

The Deputy City Clerk read the docket item.

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

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

Eberwein "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck left meeting
Woodson "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4167

AN ORDINANCE to amend and reordain Section 9-1-10 (WHEN PAYABLE GENERALLY) and subsection (a) of Section 9-1-10.1 (QUARTERLY PAYMENT WHEN TAX IS BASED ON GROSS RECEIPTS) of Article A (GENERAL PROVISIONS), Chapter 1 (BUSINESS LICENSES), Title 9 (LICENSING AND REGULATION) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 9-1-10 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:

Sec. 9-1-10 When payable generally.

(a) All license taxes levied by this chapter, except as otherwise provided in this chapter, shall become due and payable on or before March 1 of each license year.
(b) Whenever a person shall enter into a business, after February 28 of the license year, any license tax levied upon the business shall become due and payable at the time when such person shall commence business.

Section 2. That subsection (a) of Section 9-1-10.1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:
Sec. 9-1-10.1 Installment payments when tax is based on gross receipts.

(a) In all cases where a license tax is based in whole or in part upon gross receipts, and the tax on such gross receipts is equal to or exceeds the sum of $1,000, exclusive of any and all other types of tax, the tax may be paid in four equal installments during the license year, the first payment to be made on or before March 1, the second on or before May 1, the third on or before August 1 and the fourth on or before November 1, provided the taxpayer elects to do so by making his application for a license and paying the first installment and any tax unpaid and owing for any previous license year on or before March 1 of the license year for which the application is being made.

Section 3. That this ordinance shall become effective on December 31, 2000.

KERRY J. DONLEY
Mayor

Introduction: 10/10/00
First Reading: 10/10/00
Publication: 10/12/00
Public Hearing: 10/14/00
Second Reading: 10/14/00
Final Passage: 10/14/00

* * * * *

19. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of Title 10 of the City Code to permit a business which services, repairs, stores or parks motor vehicles, temporarily to park customer vehicles on public streets, but only to the extent authorized by the special use permit which governs the business. (#17 10/10/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/14/00, and is incorporated herewith as part of this record by reference.)

The Deputy City Clerk read the docket item.

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

Bill Hendrickson, 212 East Spring Street, representing Del Ray Citizens Association, asked Council to defer this ordinance or reject it outright because there has been little time for public discussion by neighborhood associations or staff analysis.

Members of City Council, City Attorney Pessoa and City Manager Sunderland discussed how to proceed on this matter.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council deferred this item. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Speck left meeting
Woodson "aye"

20. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public street right-of-way at 321 Duke Street. (#18 10/10/00) [ROLL-CALL VOTE]

The Deputy 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 Euille, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 3-to-1, City Council finally passed the Ordinance on its Second Reading and Final Passage. The voting was as follows:

Euille "aye" Eberwein out of room
Cleveland "aye" Pepper "no"
Donley "aye" Speck left meeting
Woodson out of room

THEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Cleveland and carried on a vote of 4-to-0, City Council moved to reconsider this item. The voting was as follows:

Euille "aye" Eberwein out of room
Cleveland "aye" Pepper "aye"
Donley "aye" Speck left meeting
Woodson out of room

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

Euille "aye" Eberwein "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck left meeting
Woodson out of room

The ordinance finally passed reads as follows:
ORDINANCE NO. 4168

AN ORDINANCE authorizing the owners of 321 Duke Street, and the owners' successors in title, to establish and maintain an encroachment into the public right-of-way of 321 Duke Street, in the City of Alexandria, Virginia.

WHEREAS, Scott B. Sinclair and N.M. Persechino are the owners of the property located at 321 Duke Street in the City of Alexandria, Virginia; and

WHEREAS, Scott B. Sinclair and N.M. Persechino desire to establish and maintain an existing front wall and foundation, lowered stoop, driveway parking area, planted area and window well, all of which will encroach approximately 10 feet 5 inches into the public right-of-way from the property line at 321 Duke Street; and

WHEREAS, the public right-of-way at that point on 321 Duke Street will not be significantly impaired by this encroachment; and

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

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,


THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Scott B. Sinclair, N.M. Persechino and their successors in title (hereafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of 321 Duke Street in the City of Alexandria, said encroachment consisting of the front wall and foundation of the house, lowered stoop, driveway parking area, planted area, window well and underground coal chute, all existing at the time of purchase in 1994, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

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

Bodily Injury: $1,000,000 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 and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

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

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

Section 6. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

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

KERRY J. DONLEY
Mayor
Plat Attached

Introduction: 10/10/00
First Reading: 10/10/00
Publication: 10/12/00
Public Hearing: 10/14/00
Second Reading: 10/14/00
Final Passage: 10/14/00

* * * * *


plat for ord above


21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE making supplemental appropriations for Fiscal Year 2001. (#19 10/10/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/14/00, and is incorporated herewith as part of this record by reference.)

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

Euille "aye" Eberwein "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck left meeting
Woodson "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4169

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 2001, which began on the first day of July 2000 and ends on the thirteenth day of June 2001.

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, 2000, but which are payable in fiscal year 2001, and for which amounts were appropriated but not expended in fiscal year 2000, and further that the council does hereby allot the amounts so appropriated to the several city departments for fiscal year 2001, as follows:

GENERAL FUND

City Manager
$ 9,716
Citizen Assistance
25,738
Management and Budget
80,000
18th Circuit Court
3,507
Clerk of Courts
143,488
Commonwealth's Attorney
18,346
Court Service Unit
11,743
18th General District Court
10,500
Juvenile and Domestic Relations District Court
9,541
Sheriff
35,964
Information and Technology Services
241,524
Internal Audit
510
Finance
282,218
City Clerk and Clerk of Council
2,200
Personnel
68,498
Planning and Zoning
36,898
City Attorney
5,240
Registrar of Voters
48,962
General Services
242,154
Transportation and Environmental Services
785,667
Fire
96,588
Police
255,452
Office of Housing
1,439
Health
3,667
Human Services
207,647
Human Services Contributions
350
Office of Historic Alexandria
30,403
Recreation and Cultural Activities
68,198
Non-Departmental
480,941
Total General Fund
$ 3,207,099

EQUIPMENT REPLACEMENT RESERVE FUND

Sheriff
$ 1,673
Information Technology Services
17,956
Transportation and Environmental Services
701,326
Fire
119,001
Police
288,008
Mental Health/Mental Retardation/Substance Abuse
23,736
Recreation and Cultural Activities
9,463
Total Equipment Replacement Reserve Fund
$ 1,161,163

COMPONENT UNIT

Alexandria Transit Company
$ 377
Total Component Unit
$ 377

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 2001, the source of such amount being external grant awards for which the proceeds were received or accepted prior to June 30, 2000, 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 2001, as follows:



SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Office on Women
$ 50,394
Commonwealth's Attorney
64,998
Court Service Unit
49,230
Human Rights
54,700
Transportation and Environmental Services
408,333
Fire
48,880
Police
536,979
Housing
7,352,956
Mental Health/Mental Retardation/Substance Abuse
788,842
Health
$ 83,190
Human Services
2,104,758
Office of Historic Alexandria
24,644
Recreation
42,525
Total Appropriation
$11,610,429

SPECIAL REVENUE FUND

APPROPRIATION:

Office on Women
$ 50,394
Commonwealth's Attorney
64,998
Court Service Unit
49,230
Human Rights
54,700
Transportation and Environmental Services
408,333
Fire
48,880
Police
536,979
Housing
7,352,956
Mental Health/Mental Retardation/Substance Abuse
788,842
Health
83,190
Human Services
2,104,758
Office of Historic Alexandria
24,644
Recreation
42,525
Total Estimated Revenue
$11,610,429
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 2001, the source of such amount being external grant awards for which the proceeds were authorized and adjusted after July 1, 2000, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 2001 as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Office on Women
$ 46,301
Commonwealth's Attorney
(38,832)
Sheriff
333,306
Transportation and Environmental Services
700
Police
26,200
Mental Health/Mental Retardation/Substance Abuse
64,311
Health
(115,971)
Human Services
217,649
Office of Historic Alexandria
2,500
Recreation
4,785
Total Estimated Revenue
$ 540,949

SPECIAL REVENUE FUND

APPROPRIATION:
Office on Women
$ 46,301
Commonwealth's Attorney
(38,832)
Sheriff
333,306
Transportation and Environmental Services
700
Police
26,200
Mental Health/Mental Retardation/Substance Abuse
64,311
Health
(115,971)
Human Services
217,649
Office of Historic Alexandria
2,500
Recreation
4,785
Total Estimated Revenue
$ 540,949

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 state that is required to defray certain expenditures and liabilities of the city in fiscal year 2001, the source of such amount being the residual balances accumulated as of June 30, 2000, 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 2001, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

City Manager
$ 450
Office on Women
45,742
Citizen Assistance
1,081
Commonwealth's Attorney
25,115
Sheriff
30,925
Clerk of Courts
28,190
Court Service Unit
27,603
Personnel
99,432
Transportation and Environmental Services
47,128
Fire
2,100
Police
976,444
Housing
$ 450
Mental Health/Mental Retardation/Substance Abuse
17,840
Health
48,345
Human Services
255,674
Office of Historic Alexandria
226,837
Recreation
85,098
Total Estimated Revenue
$ 1,918,454

SPECIAL REVENUE FUND

APPROPRIATION:

City Manager
$ 450
Office on Women
45,742
Citizen Assistance
1,081
Commonwealth's Attorney
25,115
Sheriff
30,925
Clerk of Courts
28,190
Court Service Unit
27,603
Personnel
99,432
Transportation and Environmental Services
47,128
Fire
2,100
Police
976,444
Housing
450
Mental Health/Mental Retardation/Substance Abuse
17,840
Health
48,345
Human Services
255,674
Office of Historic Alexandria
226,837
Recreation
85,098
Total Appropriation
$ 1,918,454

Section 5. 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 2001, 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

ESTIMATED REVENUE:
Undesignated General Fund Balance
$ 89,075
Total Estimated Revenue
$ 89,075

GENERAL FUND

APPROPRIATION:

City Clerk and Clerk of Council
$ 3,162
Office of Housing
73,020
Office of Historic Alexandria
12,893
Total Appropriation
$ 89,075

Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2001, the source of such amount being intergovernmental revenue, and further, that the council does hereby allot the amount so appropriated for fiscal year 2001 as follows:

COMPONENT UNIT

ESTIMATED REVENUE:
Intergovernmental Revenues
$ 41,427
Total Estimated Revenues
$ 41,427

APPROPRIATION:

Component Unit Library
$ 41,427
Total Appropriation
$ 41,427

Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2001, the source of such amount being Equipment Replacement Fund Retained Earnings and further, that the council does hereby allot the amount so appropriated to the various city departments for fiscal year 2001 as follows:

EQUIPMENT REPLACEMENT FUND

ESTIMATED REVENUE:

Retained Earnings-Equipment Replacement Fund
$ 304,000
Total Estimated Revenue
$ 304,000

APPROPRIATION:
Information and Technology Services
$ 151,400
Finance
10,600
Fire
142,000
Total Appropriation
$ 304,000

Section 8. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2001, the source of such amount being Designated General Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Designated General Fund Balance
$ 425,587
Total Estimated Revenue
$ 425,587

APPROPRIATION:
City Manager
$ 4,616
Information Technology Service
120,000
Other Planning Activities
46,134
Human Services
109,837
Recreation
25,000
Non-Departmental
120,000
Total Appropriation
$ 425,587

Section 9. 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 of fiscal year 2001, the source of such amount being Use of Money and Property, and further, that the council does hereby allot the amount so appropriated for fiscal year 2001 as follows:

GENERAL FUND

ESTIMATED REVENUE:

Use of Money & Property
$ 754,950
Total Estimated Revenue
$ 754,950

APPROPRIATION:

Non Departmental
$ 754,950
Total Appropriation
$ 754,950

Section 10. That this ordinance shall be effective on the time and upon the date of its enactment.

KERRY J. DONLEY
Mayor

Introduction: 10/10/00
First Reading: 10/10/00
Publication: 10/12/00
Public Hearing: 10/14/00
Second Reading: 10/14/00
Final Passage: 10/14/00

* * * * *

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (22-30)

Planning Commission (continued)

22. VACATION #2000-0007 -- 930 SOUTH SAINT ASAPH STREET -- Public Hearing and Consideration of a request for vacation of a portion of a public alley and street right-of-way; zoned RM/Residential. Applicant: Michael Wheeler, and appointment of viewers for same.

COMMISSION ACTION: Deferred

23. TEXT AMENDMENT #2000-0001 -- RESIDENTIAL GROUP HOMES -- Public Hearing and Consideration of an amendment to Section 2-143 (C) of the Zoning Ordinance concerning residential group homes licensed by the State of Virginia Department of Social Services.

COMMISSION ACTION: Deferred by staff

24. TEXT AMENDMENT #2000-0008 -- "ATM" REGULATIONS -- Public Hearing and Consideration of an amendment to Section 7-1800 of the Zoning Ordinance to change the requirements for automatic teller machines (ATMs) in historic districts.

COMMISSION ACTION: Deferred 7-0

25. MASTER PLAN AMENDMENT #2000-0005 -- REZONING #2000-0006 -- 20 ROTH STREET; 2500-2600 BUSINESS CENTER DRIVE -- ARCHSTONE ALEXANDRIA -- Public Hearing and Consideration of a request for amendment to the Taylor Run/Duke Street Small Area Plan Chapter of the 1992 Master Plan to change the land use designation from I/Industrial to RH/Residential High and request for rezoning of the subject property from I/Industrial to RC/Residential High Density, with proffers. Applicant: Archstone Communities Trust, by Harry P. Hart, attorney.

COMMISSION ACTION: Deferred Indefinitely 6-1

26. SPECIAL USE PERMIT #2000-0103 -- 20 ROTH STREET; 2500-2600 BUSINESS CENTER DRIVE -- ARCHSTONE ALEXANDRIA -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for the proposed apartment development; zoned CG/Commercial General and I/Industrial. Applicant: Archstone Communities Trust, by Harry P. Hart, attorney.

COMMISSION ACTION: Deferred Indefinitely (staff's request)

27. SPECIAL USE PERMIT #2000-0114 -- 2414 OAKVILLE STREET -- Public Hearing and Consideration of a request for a special use permit for an amusement enterprise with a reduction of off-street parking; zoned I/Industrial. Applicant: Abayumi M. Baruwa.

COMMISSION ACTION: Deferred (improper notice)

28. SPECIAL USE PERMIT #2000-0115 -- 1104 QUEEN STREET -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Levi T. Durham, Jr.

COMMISSION ACTION: Deferred (applicant not present)

29. VACATION #2000-0004 -- 1001-1013 N VAN DORN STREET; 5401-5445 RICHENBACHER AVENUE; -- 1000-1014 VAIL STREET; 1001-1015 VAIL STREET; -- 1000-1014 TERRILL STREET; 1001-1015 TERRILL STREET; -- 1000-1040 NORTH PELHAM STREET -- Public Hearing and Consideration of a request for vacation of public street rights-of-way and easements which comprise access roads in the KMS Townhouse subdivision; zoned RA/Residential. Applicant: City of Alexandria, and appointment of viewers for same.

COMMISSION ACTION: Deferred 7-0
For Informational Purposes Only

30. CITY CHARTER, SECTION 9.06, CASE #2000-0005 -- VIRGINIA POWER -- METRO LINEAR PARK -- G. W. SCHOOL -- Public Hearing and Consideration of a proposal by the City of Alexandria to exchange land with Virginia Power, pursuant to the provisions of Section 9.06 of the City Charter, in order to create a permanent right-of-way for underground transmission line conduit that was installed through City-owned land at the request of City Council and the City Manager. The site is located on a portion of the linear park on the east of the Metro tracks between Cameron Street and Suter Street and on a portion of the G. W. School site between East Braddock Road and East Glendale Avenue.

COMMISSION ACTION: Approved 7-0

(A copy of a letter from the Upper King Street Civic Association dated October 13, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 10/14/00, and is incorporated herewith as part of this record by reference.)

Mayor Donley brought to Council's attention a letter received from Upper King Street Civic Association regarding Item #30, which is a section 9.06 that does not come before Council. City Manager Sunderland will address the items raised in the letter.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without objection, City Council noted the deferrals and informational item.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Woodson, seconded by Councilwoman Pepper and carried unanimously by all those present, at 1:30 p.m., the Public Hearing Meeting of Saturday, October 14, 2000, was adjourned. The voting was as follows:

Woodson "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Euille "aye"
Speck left meeting
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APPROVED BY:


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KERRY J. DONLEY MAYOR

ATTEST:



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Susan K. Seagroves, Deputy City Clerk



This docket is subject to change.

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