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Public Hearing Meeting
Saturday, September 16, 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; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Mr. Baier, Director of Transportation and Environmental Services; Ms. Johnson, Division Chief, Planning and Zoning; Mr. Jinks, Assistant City Manager; Ms. Beeton, Urban Planner, Planning and Zoning; Mr. Neckel, Director of Finance; Fire Chief Hawkins; Deputy Police Chief Cook; and Lieutenant Butler, Police Department.

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

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

2. Public Discussion Period.

(a) Van Van Fleet, 26 Wolfe Street, spoke to his letter that he sent to City Council addressing several old issues, i.e., Burke Library, removing pilings at the Old Town Yacht Basin, Holmes Run Bridge, Visitor's Center at King Street Metro, and PTO.

(b) Pam O'Shaughnessy, 304 Charles Alexander Court, spoke to issues regarding the scope and progress of the multi-year renovation project at the Alexandria Country Day School. She indicated the major issue is that an industrial-size compressor was installed on a utility room addition within 40 feet of the living space of her home.

(A copy of Ms. O'Shaughnessy's statement dated September 16, 2000, together with photographs, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 2(b); 9/16/00, and is incorporated herewith as part of this record by reference.)

Councilman Speck asked staff to comment on some of the issues that seem to be surfacing.




Deputy Director of Planning and Zoning Ross and Zoning Administrator Leiberg spoke to the setback requirement and stated that the compressor complies with the current zoning rules.

Mayor Donley suggested that staff should take a look at the rules. He asked that staff get together with representatives from the Alexandria Country Day School, the O'Shaughnessy's and some of the neighbors to explain what exactly is going on, both in terms of how it applies under the Code, and there has to be a clear understanding of what is supposed to occur, when it's supposed to occur so that all parties involved understand what the rules are. Whether it relates to the shrouding of this compressor, when that's going to happen, when work will be occurring, particularly if it is going to exceed the hours that are normally prescribed for work, whether that work is going to be exterior or not, so that everyone understands what is going on here, i.e., schools, their contractors, the City, and the immediate neighbors.

City Manager Sunderland stated it is important to add to that future plans that the school has, lay out the regulatory requirements, and processes that everybody has to go through, so everybody is clear up front where we go for the next six months or year.

Councilwoman Eberwein would like staff to look into the regulatory issue because she is struck by the fact that the public schools have to go through so much to put a temporary trailer to house children on their sites, and here you have this school that is putting what looks to her like a permanent structure to house equipment and there is no regulatory review.

Councilman Speck spoke to the issue of the specimen tree and questioned on whose property it is.

City Arborist Noelle addressed this question.

Councilman Speck noted that this is an old, established tree that we do not want to see die because proper care wasn't exercised during construction. He asked what the City can do on this point to know for certain whose property the tree is on and that it is being adequately protected during construction.

City Manager Sunderland indicated that when we get together, staff will bring all of the information it has on surveying the property. If the parties cannot agree who owns the tree, somebody is going to have to have a survey done and we're going to abide by what the survey produces. Once we do, then whoever owns it is going to have to take the requisite steps to make sure that it is protected.

(c) Joseph N. Soos, Sr., 9412 William Kirk Lane, Burke, Va, co-chair of the Volunteer Committee for the Adult Learning Center, complimented the City on the proposed Master Plan for dog parks. He compared the square footage of the Adult Learning Center, which educates illiterate adults, to the square footage of dog exercise areas. He invited City Council and the City Manager to commission a similar thorough report on the needs of residents in this City who cannot read or write.

Mayor Donley stated that he will take this matter to the next City/School Subcommittee meeting to get the input from the School Board Chairman as well as the Superintendent.






Councilwoman Woodson noted that she has had calls from parents who are concerned about so much being done for dogs, and are very concerned that the same attention is not being paid to children and to recreation programs for children. She stated that it brings to light the issue that we are now extending the use of trailers for another five years and adding trailers. She indicated that these are the types of comments she has been receiving and is something that Council will need to address at some point in time.

(d) Julie Crenshaw, 816 Queen Street, spoke to the healthy eco-system located at the Old Town Yacht Basin. She noted that the pilings provide safety and vegetation growth areas that cause it to be a good place for spawning and for breeding. She asked the City if it has not done a complete assessment of what lives in this area and what this area is all about, and before it is destroyed, that the City write down all of the things that live there so that it knows that this is what it is destroying.

(e) Kathryn Coombs, 119 North Patrick Street, representing the Friends of the Lee Boyhood Home, spoke to its recent sale. She urged Council to work with the General Assembly delegation to seek some remedy. The powers currently within the purview of the Council are not sufficient, under which a tax-exempt organization receiving concessions from the government owns a property which is a public amenity, which is opened to the public as a museum or some similar context, wishes to sell. That organization should have to give ninety days notice of that intention to sell not only to the local government and relevant planning authority, but also to the State Department of Historic Resources. She urged as an alternative, that the City take a look at what the City of Warrenton is doing with a similar grassroots group in buying the Mosby property.

Mayor Donley stated that one of the things the City will do with respect to any state statutory changes is to ask, as part of assemblage of our legislative package, that we get a report about what state statutes do empower in terms of localities in this type of situation and potential development of a piece of legislation that would go before the General Assembly. He indicated that Council will ask our local delegation to carry that in terms of the notice requirement.

(f) Mark S. Feldheim, 1215 Prince Street, president, Old Town Civic Association, stated the OTCA is looking forward to working with this Council for the betterment of Alexandria and, in particular, the Old and Historic District. He spoke to Tuesday's Council Meeting. He provided Members of Council with a list of OTCA officers.

(g) John Chapman Gager spoke.

New Business Item No. 1: Councilman Speck shared with Council and the viewing audience the new 2000-2001 school-year calendar. He noted that it is beautifully done.

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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3 - 24)

Planning Commission

WITHOUT OBJECTION, City Council removed docket item nos. 3, 9, 12, 14, 18, and 19 from the Action Consent Calendar and considered them under separate motions.

4. CITY CHARTER, SECTION 9.06; CASE #2000-0003 -- BLIGHTING INFLUENCES PROGRAM -- Public Hearing and Consideration and recommendations of amendments to the Office of Housing's Blighting Influences Program, including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria and the possible acquisition and subsequent resale of the following properties. Staff: City of Alexandria, Office of Housing.

1311 Queen Street 35 East Bellefonte Avenue
103 Adams Avenue 3802 Edison Street
525 East Alexandria Avenue 31 East Linden Street
304 Ashby Street 332 Wesmond Drive

COMMISSION ACTION: Approved, as amended 7-0

(A copy of the Planning Commission report dated September 5, 2000, together with the City Manager's memorandum dated August 24, 2000, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 4; 9/16/00, and is incorporated herewith as part of this record by reference.)

5. DEVELOPMENT SPECIAL USE PERMIT #2000-0029 -- 2701 N VAN DORN STREET -- FAIRLINGTON UNITED METHODIST CHURCH -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to enlarge a church parking lot; zoned RA/Residential. Applicant: Fairlington United Methodist Church, by Roger Bohr, engineer.

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. 5; 9/16/00, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #2000-0075 -- 315 MADISON STREET -- MONTGOMERY CENTER -- FLATBREADS -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Kathleen Caples.

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. 6; 9/16/00, and is incorporated herewith as part of this record by reference.)






7. SPECIAL USE PERMIT #2000-0078 -- 458 S PICKETT STREET -- Public Hearing and Consideration of a review of a special use permit for a retail and wholesale building materials business with storage and light assembly; zoned CSL/Commercial Service Low. Applicant: A & S Sales, Inc., by Harry P. Hart, attorney.

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. 7; 9/16/00, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #2000-0079 -- 436-A S PICKETT STREET -- Public Hearing and Consideration of a review of a special use permit for a wholesale business; zoned CSL/Commercial Service Low. Applicant: NSI, Inc., by Harry P. Hart, attorney.

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. 8; 9/16/00, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #2000-0086 -- 6 S JORDAN STREET -- ALEXANDRIA CRAB & SEAFOOD RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant; zoned CL/Commercial Low. Applicant: Chan K. Lee.

COMMISSION ACTION: Recommend Approval 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. 10; 9/16/00, and is incorporated herewith as part of this record by reference.)

11. SPECIAL USE PERMIT #2000-0087 -- 670 S PICKETT STREET -- PICKETT STREET PLAZA SHOPPING CENTER -- LANDMARK BAKERY & CAFE -- Public Hearing and Consideration of a request for a special use permit to add outdoor seating and food preparation to the existing bakery; zoned I/Industrial. Applicant: Maher Ezzedine and Rabih Maysaud.

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. 11; 9/16/00, and is incorporated herewith as part of this record by reference.)

13. SPECIAL USE PERMIT #2000-0092 -- 3127 DUKE STREET -- HECHINGER COMMONS SHOPPING CENTER -- (ALEXANDRIA COMMONS SHOPPING CENTER) -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CG/Commercial General. Applicant: Baja Fresh West Lake Village, Inc., trading as Baja Fresh, by Duncan W. Blair, attorney.

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. 13; 9/16/00, and is incorporated herewith as part of this record by reference.)

15. SPECIAL USE PERMIT #2000-0095 -- 2416 OAKVILLE STREET -- Public Hearing and Consideration of a request for a special use permit to allow a retail use and a parking reduction for the retail use; zoned I/Industrial. Applicant: The Big Screen Store, Inc., by Jonathan P. Rak, attorney.

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. 15; 9/16/00, and is incorporated herewith as part of this record by reference.)

16. SPECIAL USE PERMIT #2000-0097 -- 682 N SAINT ASAPH STREET -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: C. W. Chon.

COMMISSION ACTION: Recommend Approval 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. 16; 9/16/00, and is incorporated herewith as part of this record by reference.)

17. SPECIAL USE PERMIT #2000-0098 -- 616-A S PICKETT STREET -- Public Hearing and Consideration of a request for a special use permit for an automobile sales and service facility; zoned I/Industrial. Applicant: William T. Bryden.

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. 17; 9/16/00, and is incorporated herewith as part of this record by reference.)

20. SPECIAL USE PERMIT #2000-0105 -- 424 N ALFRED STREET -- Public Hearing and Consideration of a request for a special use permit for reduction of required parking for a single family dwelling with modifications; zoned RB/Townhouse. Applicant: William Cromley, by Duncan W. Blair, attorney.

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. 20; 9/16/00, and is incorporated herewith as part of this record by reference.)

21. SPECIAL USE PERMIT #2000-0107 -- 3838 MT VERNON AVENUE -- EL PULGARCITO RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CL/Commercial Low. Applicant: Jose Maria Merino.

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. 21; 9/16/00, and is incorporated herewith as part of this record by reference.)





22. SPECIAL USE PERMIT #2000-0109 -- 4646 SEMINARY ROAD -- FRANCIS HAMMOND SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install an additional trailer for classroom use; zoned R-8/Residential. Applicant: Alexandria Public Schools, by Mark F. Krause.

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. 22; 9/16/00, and is incorporated herewith as part of this record by reference.)

23. ENCROACHMENT #2000-0006 -- 321 DUKE STREET -- Public Hearing and Consideration of a request for an encroachment into the public sidewalk right-of-way for an existing front wall and foundation, stoop, driveway parking, planting area, and window well; zoned RM/Residential. Applicant: Scott B. Sinclair.

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. 23; 9/16/00, and is incorporated herewith as part of this record by reference.)

24. SPECIAL USE PERMIT #2000-0099 -- 2310 MT VERNON AVENUE -- DEL RAY DREAMERY -- Public Hearing and Consideration of a request for a special use permit for a restaurant with request for reduction of off-street parking; zoned CL/Commercial Low. Applicant: Elizabeth J. Davis.

COMMISSION ACTION: Recommend Approval 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. 24; 9/16/00, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Speck and carried unanimously, City Council approved the Action Consent Calendar with the exceptions of docket item nos. 3, 9, 12, 14, 18, and 19 which were considered under separate motions. The Planning Commission recommendations are as follows:

4. City Council approved the recommendation of the Planning Commission, and approved the City Manager's recommendations that City Council: (1) approve the addition and deletion of the properties listed on page 3 to the currently approved List of Blighting Influences in Potomac East and Potomac West; (2) approve, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low-and-moderate-income persons for resale "As Is" to the private market for rehabilitation/redevelopment of the Potomac East and Potomac West properties to be added to the List; and (3) authorize the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines.

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation.

10. City Council approved the Planning Commission recommendation.

11. City Council approved the Planning Commission recommendation.

13. After consideration of docket item no. 25, Councilman Speck noted that in docket item no. 13, there are a couple of references in the report concerning parking and egress. With the success of the western end of this shopping center, he noted that there will be two continual problems, one will be increased egress from the parking lot by the single-lane traffic and the short-cycle light, and the other is the increased parking demands placed upon that upper parking because of now two successful restaurants. Councilman Speck requested staff to look particularly at the lighting. He indicated also this would be a good time to be working with the property owner, because of the Giant moving in, to see whether there might not be a more significant improvement to the whole access and parking which was not particularly well designed.

City Council approved the Planning Commission recommendation.

15. City Council approved the Planning Commission recommendation.

16. City Council approved the Planning Commission recommendation.

17. City Council approved the Planning Commission recommendation.

20. City Council approved the Planning Commission recommendation.

21. City Council approved the Planning Commission recommendation.

22. City Council approved the Planning Commission recommendation.

23. City Council approved the Planning Commission recommendation.

24. City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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


3. DEVELOPMENT SPECIAL USE PERMIT #2000-0021 -- 713 NORTH FAYETTE STREET -- BRADDOCK LOFTS -- Public Hearing and Consideration of a request for a development special use permit, with site plan, for construction of residential townhouses, at 713 North Fayette Street, zoned CRMU-M, Commercial Residential Mixed Use, Medium. Applicant: Eakin/Youngentob Associates Development, Inc., by Jonathan P. Rak, Attorney.

COMMISSION ACTION: Recommend Approval 4-0

(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. 3; 9/16/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated September 16, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3; 9/16/00, and is incorporated herewith as part of this record by reference.

A copy of Ms. Beach's e-mail dated September 15, 2000, together with a letter from the owners of European Auto Plus, Inc., is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 3; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Jonathan Rak, 11320 Random Hills Road, #600, Fairfax, VA, attorney representing the applicant, spoke in support and answered questions directed to him by Members of Council;

Robert Youngentob, applicant, responded to questions from Members of City Council;

Barbara P. Beach, 416 Prince Street, attorney representing European Auto Plus, Inc., stated the letter received today from Mr. Rak is helpful with respect to the condition regarding disclosure to purchasers that automotive uses are located adjacent to the subject property;

Camille Leverett, 1306 Princess Street, representing Inner City Civic Association, spoke in support of the development, indicated that there is a density issue because it is a dense neighborhood, and noted that there most likely will be a problem with traffic and overflow parking; and

William Eacho, 6223 Kennedy Drive, Chevy Chase, MD, representing Alexandria Two Associates, spoke in support of the development.

Councilwoman Eberwein would like some of the facade drawings included with the Council package. She stated it is an important aspect when she considers the requirement as to whether you have actually met two or more elements of the design of the building as stipulated in Section 7-1600(d) of the Zoning Ordinance.

Councilwoman Woodson spoke to off-street parking, and the letter received from European Auto Plus, Inc.

Councilwoman Eberwein spoke to condition no. 1 in Mr. Rak's letter and stated that it should not only reflect automotive, but also should apply to lots 10, 36, 42, and 45. The barrier should apply to all adjacent property owners.

Regarding the adjacent property, Councilwoman Eberwein stated for the record with respect to a setback requirement, that it is a balancing act in a tight urban environment. In the future, she would think that the property owners would be given the same kind of understanding should they build up to the property line with future developments, that are either townhouses or a commercial mix.

City Attorney Pessoa stated that we cannot know today what that setback would be. He indicated that it's fine if Council wants to express on the record your understanding or your anticipation, but we cannot today vary or relieve that setback, if in fact, one comes into play when that site is redeveloped.

Councilman Speck requested that the developer make certain that the residential property has disclosure about what is abutting the property and also that second generation purchasers be made aware as well. He noted that there are just 12 parking spaces available for visitors within the property. Councilman Speck indicated it is time for the City to take a very hard look at our visitor parking requirements on all these similar projects and impose new requirements.

Councilwoman Pepper stated that if the City does a study or re-examination of visitor parking for future projects, she indicated that we need to re-examine the formula that we use for the requirements for residents. She suggested that we may need to up the number of required slots.

Mayor Donley noted that Mrs. Pepper raises a point and requested staff to do some analysis on what it thinks might be the requirement or maybe what other jurisdictions do in Northern Virginia.

Mr. Rak stated with respect to new condition #43 the only thing the developer will need to clarify with staff is that the lot numbering may have changed, but the intention clearly is all of those which abut adjacent properties.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation with the addition of the following conditions: 43. The applicant shall install acoustical insulation materials in the exterior walls of any townhouse abutting all adjacent properties to the satisfaction of the Director of Code Enforcement, it shall include no windows, that the screening will move up through the deck, and it will be for all lots abutting adjacent properties; 44. The applicant shall disclose to any purchaser of a townhouse in the subject development that automotive uses are located adjacent to the subject property. The language for this disclosure shall be reviewed and approved by the City Attorney to make clear that it applies to all subsequent purchasers and that it is disclosure about other commercial uses. The voting was as follows:

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


9. 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.

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. 9; 9/16/00, and is incorporated herewith as part of this record by reference.)

It was noted that the applicant was not present.

Councilman Speck expressed concern about the parking reduction and directed questions to Deputy Director for Planning and Zoning Ross.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Euille and carried on a vote of 3-to-2, City Council deferred this item to the October Public Hearing Meeting and requested staff to discuss the parking issue with the applicant as well as examine the parking situation with the property owner. The voting was as follows:

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

12. SPECIAL USE PERMIT #2000-0089 -- 516 CAMERON STREET -- Public Hearing and Consideration of a request for a special use permit for expansion of a noncomplying use (community building) and request for change of ownership with a reduction of off-street parking; zoned RM/Residential. Applicant: Senior Services of Alexandria, by Susan L. Dawson.

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. 12; 9/16/00, and is incorporated herewith as part of this record by reference.

A copy of a letter from Senior Services dated September 12, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 9/16/00, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 12; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Richard Walker, 5032 Gardner Drive, representing the Board of Directors for Senior Services of Alexandria, spoke to eliminating condition #2 with respect to parking.

Councilwoman Pepper requested Executive Director Susan Dawson to work with the Office of Historic Alexandria to talk about what things are important to preserve.

Ms. Dawson agreed to work with the Office of Historic Alexandria.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and amended condition #2 to read: 2. A parking reduction of five spaces is granted provided that the applicant require that its full-time employees who drive to work use off-street parking. The voting was as follows:

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

14. SPECIAL USE PERMIT #2000-0093 -- 499 S PICKETT STREET -- KOONS OF ALEXANDRIA -- Public Hearing and Consideration of a request for a special use permit for expansion of an automobile sales and service business; zoned CSL/Commercial Service Low. Applicant: Koons of Alexandria, LLC, by Lonnie C. Rich, attorney.

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; 9/16/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rich's letter dated September 8, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Lonnie C. Rich, 1517 King Street, attorney representing the applicant, requested a change in condition #20 as indicated in his letter dated September 8, 2000.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Planning Commission recommendation and amended condition #20 to read: 20. The applicant shall provide employee and customer parking as needed and as indicated by the number of spaces (but not necessarily the location of the spaces) on its revised plan dated August 18, 2000. The voting was as follows:

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

18. SPECIAL USE PERMIT #2000-0100 -- 904 KING STREET -- OLD TOWN GIFT SHOP AND MINI MARKET -- Public Hearing and Consideration of a request for a special use permit for addition of a restaurant in a grocery/gift store; zoned CD/Commercial Downtown. Applicant: Dessye Ayal-Sew and Nigist Yinessu.

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. 18; 9/16/00, and is incorporated herewith as part of this record by reference.)


Councilman Speck and Councilwoman Woodson directed questions to the applicant with respect to off-premise alcohol sales.

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

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

19. SPECIAL USE PERMIT #2000-0104 -- 828 SLATER'S LANE; PORTNER ROAD -- OLD TOWN MEWS -- Public Hearing and Consideration of a request for a special use permit for a temporary sales trailer; zoned OCM/Office Commercial Medium and RB/Residential. Applicant: Madison Homes at Slater's Lane, LLC, by Harry P. Hart, attorney.

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. 19; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, indicated that they have worked with the Northeast Citizens Association on the possibility of having a different entrance for a temporary trailer.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Planning Commission recommendation with the option of looking at a different entrance for a temporary trailer. The voting was as follows:

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

Without Objection, City Council considered docket item nos. 25, 26, and 27 together and under one motion.

25. Public Hearing on the Master Plan for Dog Exercise Areas and Fenced Dog Parks which includes the Proposed Guidelines from the Park and Recreation Commission. (#20 (a) 9/12/00; #18 6/27/00)

(A copy of the City Manager's memorandum dated September 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 9/16/00, and is incorporated herewith as part of this record by reference.

A copy of Ms. Whitmore's memorandum dated September 14, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 9/16/00, and is incorporated herewith as part of this record by reference.



Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 25; 9/16/00, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

26. Public Hearing on AN ORDINANCE to add a new Section 6-1-2.2 to the City Code, to authorize the city manager to establish dog exercise areas in the city, and to provide regulations for the use of such areas. (#20(b) 9/12/00)

(A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 9/16/00, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 9/16/00, and is incorporated herewith as part of this record by reference.)

27. Public Hearing on AN ORDINANCE to amend the provisions of Title 5, Chapter 7, Article C of the City Code, which relate to keeping dogs under restraint. (#20(c) 9/12/00)

(A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 9/16/00, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Mika J. Hentman, 519 East Duncan Avenue, representing residents from 501 to 547 East Duncan Avenue, spoke against dog parks in general, and expressed concerns about setback from a residential area, auditory and screening provisions;

Joanne Tomasello, 511 North Pickett Street, representing the Park and Recreation Commission, spoke in support of this item and to the process of developing the master plan;

Elizabeth Tucci, 2611 Foundry Way, #204, spoke in support of the Duke Street dog park, the master plan, and requested improved lighting for the Duke Street dog park; a copy of the petition presented by Ms. Tucci is on file in the office of the City Clerk and Clerk of Council, and is incorporated herewith as part of this item;

Councilwoman Pepper directed questions to Recreation, Parks and Cultural Activities Director Whitmore about lighting. Councilwoman Pepper also directed questions to Ms. Tucci with respect to parking.

Mayor Donley requested staff to evaluate the request with respect to lighting and to bring it forward in the context of the 2002 fiscal budget.

Sandy Modell, 400 East Custis Avenue, representing the Del Ray Dog Owners' Group, spoke in support of the master plan, the ordinances, and the three-dog limit;

Norman Hazur, 426 East Glendale Avenue, spoke in support and expressed concern about groundcover at the Montgomery Park;

Tim Duvall, 100 Princess Street, proposed that the Founder's Park dog exercise area be officially recognized as that area which is currently delineated by the City-placed bollards; a copy of his amendment with a list of supporters is on file in the office of the City Clerk and Clerk of Council, and is incorporated herewith as part of this item;

Chip Cochran, 1416 Leslie Avenue, expressed general support for the master plan and appreciation to the City for its efforts with respect to the dog parks. He expressed concern about the three-dog limit per person because some enjoy the services of a dogwalker which would make it an infeasible business, and that the dogwalker should be allowed to use the parks just during a specified period of time;

Tom O'Brien, 200 North Pickett Street, #1401, opposed to site 16 behind CVS which is not needed because there are going to be two fenced parks nearby, one at Duke Street and one at Cameron Station;

Judy Guse-Noritake, 605 Prince Street, chair, Park and Recreation Commission, spoke in support;

Councilwoman Pepper questioned the number of parks in the area near the Duke Street park and the Ben Brenman Park, and the need for site #28 and site #16.

Recreation, Parks and Cultural Activities Director Whitmore stated that site #28 is being recommended for elimination, and stated that site #16 can be eliminated as an area of off-leash dogs so that we don't hinder the children playing there.

Christina Lynn-Keough, 1316 Seaport Lane, supported keeping Chetworth Park and endorsed Mr. Cochran's suggestion with respect to permitting dogwalkers with more than three dogs to use the parks during a specified period of time;

Patrick Lauver, 831 Bashford Lane, #303, representing a former client base of 60 dogowners in the City, requested that Chetworth Park not be eliminated, and suggested a six-dog limit and a limited time to use the parks when a person has more than three dogs with them;

Benjamin Harris, 1331 Chetworth Court, was opposed to the elimination of Chetworth Park and would defer to Mr. Lauver with respect to the three-dog limit;

Frances T.H. Hallihan, 104 Pommander Walk, representing herself and three residents of Pommander Walk, supported the master plan, questioned the size of an ornamental fence, what areas are being considered for elimination, and if there is a requirement within the City that requires professional dogwalkers to be licensed within the City;

Recreation, Parks and Cultural Activities Director Whitmore indicated that ornamental fence is just a visual thing, black in color and approximately two to two-and-one-half feet in height so that dogs do not jump into the street, and stated that the parks to be eliminated can be found on page six of the master plan.

City Attorney Pessoa stated that there is no provision for a regulatory license for dog handlers in the existing proposed provisions. They may or may not be subject to a business license requirement, a revenue-based license, but no regulatory license.



Poul Hertel, 1217 Michigan Court, representing Northeast Citizens Association, endorsed the master plan with the understanding that Chetworth Park is not destined for elimination as a dog park. What they would like to see is essentially some new area that would provide alleviation for the congestion in Chetworth Park and will work with Recreation to achieve this. On the issue of dogwalkers, seeing up to thirty dogs at one time is just not acceptable due to the small size of Chetworth Park;

Claire Liston, 312 North Henry Street, representing Users of the Beatley dog park, spoke in support of lighting for this park and the three-dog limit;

Picot Chappell, 503 East Windsor Avenue, representing Del Ray Dog Owners Group (DDOG), spoke in support of the master plan, lighting, fencing, enforcement and suggested that staff might want to check with a veterinarian as to when would be the best time for a young puppy to be exposed to older dogs as far as their vaccinations and how that will protect them;

At this point, Mayor Donley recognized Fred Van Remortel who questioned the Council with respect to the proposal that the Founder's Park dog exercise area be officially recognized as that area which is currently delineated by City-placed bollards. This area approximates 100' x 100' x 100' x 100'. He asked how this would be disposed of by the Council;

Mayor Donley responded that Council will discuss it after the public hearing is closed.

Lou Bertin, 964 North Washington Street, spoke in support of keeping Chetworth Park, and suggested that consideration be given to the licensing of dogwalkers;

J. Robert Lyons, 202 West Glendale Avenue, spoke in support of the master plan, and indicated that many dog owners would personally donate to the maintenance of dog areas and suggested that these areas be provided with perhaps an envelope mechanism where a dog owner can obtain an envelope in which to place a donation which can be mailed in and the donation could be used for pickup bags, waste containers, etc.; and

Georgia Millot, 718 South Royal Street, spoke in support and requested if the City does license dogwalkers, that it have some type of reasonable licensing and reasonable restrictions, should be fines, mention should be made in tourist information that this is a clean City, need more please clean-up signs, and more focus on maintenance of parks.

Mayor Donley announced that the public hearing was closed.

Members of City Council, City Manager Sunderland and Recreation, Parks and Cultural Activities Director Whitmore participated in a discussion on the testimony today.

Mayor Donley noted that staff will report back with language on September 27, 2000, with respect to the following:

Alternative language for Founder's Park that can be used as an appropriate amendment to the master plan; re-evaluation of #17, which is the area behind George Mason School, along the lines of whether it should be fenced or used; re-evaluation of #16, which is the area near Holmes Run on Pickett Street behind the CVS; eliminate the language with respect to the elimination of Chetworth Park, #21; and continue to support the language regarding three dogs per handler.

Councilwoman Eberwein stated that she would be proposing on September 27, to raise the fee for unneutered animals to $30.

Councilwoman Woodson directed questions to Recreation, Parks and Cultural Activities Director Whitmore with respect to unleashed dogs at the George Mason dog area and expressed concern regarding safety.

Councilman Euille questioned how many animal control officers there are and the number of shifts they work. He would like to know who in the Department of Recreation, Parks and Cultural Activities would be designated to enforce the dog regulations and wants to make sure the enforcement is done professionally.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council closed the public hearing on items 25, 26 and 27, and the master plan will be docketed for consideration on Wednesday, September 27, 2000, and the ordinances will be docketed for Second Reading and Final Passage on Wednesday, September 27, 2000. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review

28. BAR CASE #2000-0088 -- 127 QUAY STREET -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on June 7, 2000, denying approval of painting an unpainted masonry structure at 127 Quay Street, zoned RM Residential. Applicant and Appellant: Glenn S. Lockhardt.

(A copy of the Board of Architectural Review report dated September 16, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 9/16/00, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated June 21, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Glenn Lockhart, 127 Quay Street, spoke in support of the appeal;

Oscar Fitzgerald, 206 West Monroe Avenue, representing the Board of Architectural Review, provided the Board's views on its action and spoke against the appeal and in support of the Board's action; and

Mark S. Feldheim, 1215 Prince Street, representing the Old Town Civic Association, reversed its position and deferred to the staff analysis.

Councilwomen Eberwein and Woodson directed questions to Board of Architectural Review staff person Smith.



WHEREUPON, a motion was made by Councilwoman Pepper, seconded by Vice Mayor Cleveland to uphold the Board of Architectural Review's decision and to deny the appeal; which motion FAILED on a vote of 2-to-5. The voting was as follows:

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

THEREUPON, upon motion by Councilman Speck, seconded by Councilman Euille and carried on a vote of 5-to-2, City Council overturned the decision of the Board of Architecture Review, Old and Historic Alexandria District, and approved the appeal. The voting was as follows:

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

Planning Commission (continued)

29. DEVELOPMENT SPECIAL USE PERMIT #2000-0036 -- 700 S UNION STREET -- FORD'S LANDING -- Public Hearing and Consideration of a request for a development special use permit amendment to change conditions regarding parking; zoned W-1/Waterfront Mixed Use. Applicant: Ford's Landing Townhouse Cluster Homeowner's Association, Inc., by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 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. 29; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, P.O. 1988, representing Ford's Landing Homeowners' Association, explained the application and spoke in support;

John Sitilides, 41 Alexander Street, representing Ford's Landing Homeowners' Association, briefed Council on the parking policy at Ford's Landing and spoke in support of this application;

Mark S. Feldheim, 1215 Prince Street, representing Old Town Civic Association, spoke in support of the special use permit amendment to permit Ford's Landing to implement a plan that will help alleviate some of the parking problems in the neighborhood, and requested that future planned communities within Alexandria be planned in such a way that adequate parking requirements are established to prevent similar problems as to those that have occurred with the Ford's Landing community;

Frances T.H. Hallihan, 104 Pommander Walk, supported the passage of the special use permit amendment together with the Planning Commission's amendment to condition #23; and

Councilman Speck asked staff, if Council approves the special use permit, what precisely is the status of Ford's Landing residents on the District I permits, if anything?


Transportation and Environmental Services Director Baier indicated that they have recommended that it be approved and that in a year that it be reviewed again.

City Attorney Pessoa stated that they will remain eligible to receive and to renew District I permits during that period to what Mr. Baier referred.

Councilman Speck stated that the period would expire next September, and what happens at that point?

City Attorney Pessoa stated that at that point, Council would have to decide whether to amend the boundaries of the district to exclude the Ford's Landing project from the district.

Robert C. Smith, 105 Franklin Street, concurred with Ms. Hallihan's remarks.

Councilwoman Woodson asked how Ford's Landing was going to enforce condition #23(a), the principle use of the individual garages shall be for passenger vehicle storage only.

Attorneys Duncan Blair and David Mercer responded to her concern.

Councilwoman Pepper expressed concern about visitor parking.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Planning Commission recommendation which includes the amended condition #23. The voting was as follows:

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

Whereupon, at 1:40 p.m., City Council recessed for lunch.

Thereupon, at 2:15 p.m., City Council reconvened the meeting.

30. SPECIAL USE PERMIT #2000-0094 -- 1640 KING STREET -- CATE'S BISTRO GOURMET -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned OCH/Office Commercial High. Applicant: Catherine M. Archuleta.

COMMISSION ACTION: Recommend Approval 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. 30; 9/16/00, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 30; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Mark S. Feldheim, 1215 Prince Street, representing himself, endorsed the Planning Commission recommendation;

Hilari Hinnant, 118 Baggett Place, spoke against this application and expressed concern about off-premise alcohol sales and hours of operation;

James Melton, 105 Harvard Street, representing signatories on petition, spoke in opposition due to hours of operation, off-premise alcohol sales, and addition of another carryout in this area;

Assefa Adefris, 1630 King Street, representing Cafe Aurora, spoke against this application;

P. Dianne Ehmann, 9230 Cardinal Forest Lane, Unit L, Lorton, VA, works in area and spoke in support;

Joe Caplan, 18011 Cottage Gorden Drive, Germantown, MD, representing Cate Archuleta, spoke in support; and

Cate Archuleta, 813 Prince Street, representing Cate's Bistro Gourmet, spoke in support of the application and responded to questions directed to her by the Members of Council with respect to parking, hours of operation and sale of beer and wine.

Councilman Speck noted that Council has revised the language with respect to off-premise sale of alcohol from time to time because of changing drinking habits. He indicated that it's been a couple of years since this has been addressed and it seems to him that things have evolved again, i.e., there are different types of drinks that are being sold that may not be exactly what we want or what we'd hope to be limited. Councilman Speck stated that he would like to see if Council could tighten up that language a little bit to really zero in on exactly what Council said it wants which is that people who are buying a bottle to take home with their dinner or a six-pack of beer, that's okay. He indicated that he doesn't have a problem with making the language more restrictive if Council can get at exactly what it is trying to limit and not limit. He requested staff to do a survey and provide Council with some updated language on this subject.

Planning and Zoning Deputy Director Ross indicated that staff would be glad to do that working with the Police Department. Ms. Ross stated that one of the things that we may be seeing here is we have standard language that we have been using designed by the Police Department, that we use in a couple of different situations. She noted it started out with convenience stores and gas station mini-marts, and now we see it moving to a different arena and maybe we need to adjust things for that difference. Ms. Ross reported that staff will be glad to look at that.

WHEREUPON, a motion was made by Councilman Speck, seconded by Councilwoman Pepper, that City Council approve the Planning Commission recommendation with the deletion of condition #10.

There was discussion on the motion amongst the Members of Council and Cate Archuleta with respect to the sale of alcohol.

Councilwoman Eberwein offered a friendly amendment to limit sale of alcohol to non-fortified wine.

There was discussion on the friendly amendment offered by Councilwoman Eberwein.



WHEREUPON, Council returned to the main motion made by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, which motion was amended to read: City Council approved the Planning Commission recommendation with the amended condition #10 to read as follows: 10. Alcoholic beverages may be sold for on-premise consumption and may be limited to wine tasting. For off-premise sales, only single bottles of non-fortified wine, minimum size (750 ml) may be sold. The voting was as follows:

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

31. SPECIAL USE PERMIT #2000-0023 -- 120 N ROYAL STREET -- Public Hearing and Consideration of a request for a special use permit to operate a health and athletic club with a reduction of off-street parking; zoned CD/Commercial Downtown. Applicant: TSI Old Towne, LLC, trading as Washington Sports Clubs, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Denial 7-0

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

Howard Middleton, 3110 Fairview Park Drive, Falls Church, VA, attorney representing the applicant, presented the application and spoke to the issue of parking;

Mark S. Feldheim, 1215 Prince Street, representing the Old Town Civic Association, spoke to parking concerns and indicated it cannot support the application because of those concerns;

Ellison S. Burton, 202 North Royal Street, spoke against;

Kathleen Hanley, 225 North Royal Street, representing the neighborhood, spoke against; and

Rob Aronson, 429 Cameron Street, spoke against.

Mr. Middleton answered questions asked by Members of City Council primarily with respect to parking.

WHEREUPON, a motion was made by Councilman Euille and seconded by Councilwoman Pepper to uphold the Planning Commission recommendation; which motion was later withdrawn.

Councilwoman Pepper acknowledged that she is a board member of the YMCA which is a health club, but her vote is totally independent of the two different situations.

There was further discussion with respect to parking.









WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Eberwein and carried unanimously, City Council continued the public hearing and deferred the matter for up to 60 days to allow continued discussion regarding limits on membership and further guarantees regarding the 80 parking spaces. The applicant will continue to work with the neighborhood groups. The voting was as follows:

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

32. SPECIAL USE PERMIT #2000-0083 -- 1225 POWHATAN STREET -- DIXIE PIG RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a nonconforming restaurant; zoned RB/Townhouse. Applicant: Top Flight Services, Inc., by Cathy Kane.

COMMISSION ACTION: Recommend Approval 6-1

(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. 32; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Sylvia Sibrover, 915 Second Street, requested that the applicant be in full compliance with the special use permit;

Mariella Posey, 915 Second Street, spoke to the length of time it took the applicant to comply with the special use permit;

Poul Hertel, 1217 Michigan Court, Northeast Citizens Association, also spoke to compliance problems with the special use permit and urged annual reviews; and

Cathy Kane, 1225 Powhatan Street, applicant, addressed the issues raised pertaining to compliance of the special use permit.

Mayor Donley encouraged the applicant and neighbors to work together to address any issues. In addition, he suggested a change to condition #8, changing the date to October 2001.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilwoman Eberwein and carried unanimously, City Council approved the Planning Commission recommendation with a one-year review, and amended condition #8 by changing the date to October 2001, and amended condition #20 to read: 20. The Director of Planning and Zoning shall annually review this particular application and docket it for consideration by the Planning Commission and City Council. The voting was as follows:

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





33. SPECIAL USE PERMIT #2000-0102 -- 1018-1020 N HENRY STREET -- YATES CAR WASH -- Public Hearing and Consideration of a review of a special use permit for a car wash; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: Yates Car Wash and Detail Center, by Jeffrey L. Yates.

COMMISSION ACTION: Recommend Approval 6-1

(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. 33; 9/16/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated September 14, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 33; 9/16/00, and is incorporated herewith as part of this record by reference.

Copies of photographs are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 33; 9/16/00, and is incorporated herewith as part of this record by reference.

A copy of a plat dated January 5, 1981, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 33; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Jeffrey Yates, 1018 North Henry Street, applicant, requested that Council delete condition #2, change condition #8 back to its original language, and that condition #18 be deleted;

Robert L. Calhoun, 510 King Street, attorney representing Crowder Corporation, spoke against the special use permit unless the Planning Commission recommendations are adopted;

Ira M. Bloom, 2801 New Mexico Avenue, N.W., #1221, Washington, D.C., contract purchaser of 1219 First Street, spoke against; and

Dorothy Coffey, 720 South Fairfax Street, president/owner, Crowder Corporation, spoke against.

Members of City Council, Mr. Yates, Mr. Calhoun, Mrs. Coffey, Planning and Zoning Director Ross, City Attorney Pessoa, and Urban Planner Beeton participated in a discussion with respect to conditions and the use of Ms. Coffey's property to dry cars.

Councilwoman Pepper requested staff, if it is possible, to remove the no parking signs on the east side by McDonald's.

City Engineer Coleman indicated that staff will take a look at that and report back to Council.

WHEREUPON, a motion was made by Vice Mayor Cleveland, seconded by Councilman Euille that City Council approve the Planning Commission recommendation with the deletion of condition #2; changed condition #8 to its original language and deleted condition #18.




There was discussion on the motion. Councilman Speck offered a friendly amendment to condition #8 to change the condition #8 to its original language and add the following after right-of-way: "but allows Mr. Yates to continue to dry cars on the curb lane on Saturdays, Sundays and holidays for the next six months."; which amendment was accepted by the maker and seconder of the motion.

Mayor Donley could not support the friendly amendment; thus he would abstain when the vote was taken.

City Council returned to the main motion, as amended, which reads as follows:

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Euille and carried on a vote of 6-0-1, City Council approved the Planning Commission recommendation with the deletion of condition #2; changed condition #8 to its original language and added an amendment, which condition #8 now reads: 8. No vehicles shall be displayed, parked, or stored on a public right-of-way, but allows Mr. Yates to continue to dry cars on the curb lane on Saturdays, Sundays and holidays for the next six months; and deleted condition #18.

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

34. DEVELOPMENT SPECIAL USE PERMIT #2000-0022 -- 514 N QUAKER LANE -- BATTERY HEIGHTS -- Public Hearing and Consideration of a request for a development special use permit for cluster construction of single-family residential dwellings with outlots; zoned R-20/Residential. Applicant: Carr Homes, Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 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. 34; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Howard Middleton, 3110 Fairview Park Drive, Falls Church, VA, attorney representing the applicant, spoke in support of the application;

Richard T. Clausen, 3525 Trinity Drive, expressed concern with respect to landscaping to provide screening, and to street lighting;

Dagobert Soergel, 504 North Quaker Lane, expressed concern about street lighting and the preservation of as many trees as possible;

Paul Gilbert, 4022 Hammer Road, Annandale, VA, representing North Virginia Conservation Trust, spoke in support of the special use permit; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item;

Bill Dickinson, 805 Quaker Lane, representing Seminary Hill Association, Incorporated, spoke in support; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item; and


Phil Hocker, 20 West Chapman Street, spoke in support.

Councilman Speck directed questions to BAR staff person Smith with respect to condition #3. In addition, he queried Director of Transportation and Environmental Services Director Baier with respect to condition #23.

Councilman Speck stated that we, as a City, need to be as aggressive as we can at identifying sources of revenue to acquire open space before it goes into the private market to be developed. He would like to discuss the need to acquire open space at the Retreat.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council approved the Planning Commission recommendation with the addition of a new condition #49 to read: 49. Street lighting shall be non-intrusive and residential in character, particularly as it affects the abutting properties. The voting was as follows:

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

35. SPOT BLIGHT ABATEMENT PROGRAM -- SBA CASE #2000-0001: 4223 VERMONT AVENUE -- Public Hearing and Consideration of designation of property as blighted and consideration of proposed work plan to abate blighted conditions. Staff: City of Alexandria, Code Enforcement.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated June 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 9/16/00, and is incorporated herewith as part of this record by reference.

Copies of photographs submitted by Code Enforcement are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 35; 9/16/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Logan's work plan dated September 25, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 35; 9/16/00, and is incorporated herewith as part of this record by reference.)

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

Eric Logan, 4223 Vermont Avenue, spoke against this and requested a deferral.

Members of Council, Code Enforcement Director Dahlberg, City Manager Sunderland, and Mr. Logan participated in a discussion with respect to the timeline regarding Mr. Logan's correction plan.

WHEREUPON, upon motion by Councilwoman Eberwein, seconded by Councilwoman Pepper and carried unanimously, City Council approved the City's correction plan and authorized implementation of that plan, but only in the event that the property owner fails to submit his own correction plan to the City by October 1, that he fails to obtain the City's approval of that correction plan by mid-October, and after that he fails to continually make reasonable progress on the implementation of that plan within thirty days, by the middle of November. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS (continued)

36. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 2-4-31 of the City Code to revise the membership of the Historic Alexandria Resources Commission. (#21 9/12/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum 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. 36; 9/16/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4151

AN ORDINANCE to amend and reordain Section 2-4-31 (CREATION, COMPOSITION AND ORGANIZATION) of Article C (HISTORIC ALEXANDRIA RESOURCES COMMISSION), Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), Title 2 (GENERAL GOVERNMENT), of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-4-31 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained, to read as follows:

Sec. 2-4-31 Creation, composition and organization.

(a) There is hereby established a commission to be known as the "Historic Alexandria Resources Commission of the City of Alexandria, Virginia," hereinafter referred to as the "commission."

(b) The commission shall consist of commissioners appointed by the city council to provide representation for the following groups:

(1) Category A--City commissioners. One (1) representative from each of the following groups (for a total of no more than four (4) members):

Alexandria Archaeology Commission
Alexandria Historical Restoration and Preservation Commission
Alexandria Tourist Council
Public Records Advisory Commission

(2) Category B--history organizations. One (1) representative from each of the following groups and entities (for a total of no more than ten members):

Alexandria Association
Alexandria Historical Society
Alexandria Historic Landmarks Society
Alexandria Society for the Preservation of Black Heritage, Inc.
Carlyle House
Christ Church
George Washington Masonic Memorial
Historic Alexandria Foundation
Lee-Fendall House
Old Presbyterian Meeting House

(3) Category C--other.

a. Tourism and business. Two (2) representatives from the business community, one (1) of which shall be designated by the Alexandria Chamber of Commerce (for a total of no more than two (2) members).

b. Art-affiliated groups. One (1) representative from each of the following groups (for a total of no more than two (2) members):

Northern Virginia Fine Arts Association
Torpedo Factory Artists Association

c. At-large members. Seven (7) representatives of the public at large of which at least two (2) shall be members of Alexandria civic associations. At least two (2) representatives shall be appointed from each of the three (3) planning districts of the city (for a total of six (6) of the no-more-than-seven at-large members).

d. Historic site volunteer member. One member who serves as a volunteer at a historic property or attraction which is open to the public on a regularly scheduled basis.

(c) One (1) person may be appointed by the city council to represent more than one (1) of the aforesaid groups and, thus, reduce the constituent membership of the commission to less than 26 appointed members but only if the groups who are to share representation by the same member have given their prior consent thereto.

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

KERRY J. DONLEY
Mayor

Introduction: 9/12/00
First Reading: 9/12/00
Publication: 9/14/00
Public Hearing: 9/16/00
Second Reading: 9/16/00
Final Passage: 9/16/00

37. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Sections 2-4-111, 11-1-2 and 11-5-2 of the City Code to reflect the transfer of the Environmental Policy Commission staff function, and of the enforcement of air pollution control and noise control regulations, from the Alexandria Health Department to the Department of Transportation and Environmental Services. (#22 9/12/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated September 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 9/16/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4152

AN ORDINANCE to amend and reordain Section 2-4-111 (FUNCTIONS; POWERS AND DUTIES) of Article M (ENVIRONMENTAL POLICY COMMISSION), Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), Title 2 (GENERAL GOVERNMENT); and to amend and reordain Section 11-1-2 (DIRECTOR OF HEALTH DEPARTMENT TO ADMINISTER AND ENFORCE; DULY AUTHORIZED REPRESENTATIVE(S)) of CHAPTER 1 (AIR POLLUTION CONTROL), and Section 11-5-2 (DEFINITIONS) of Chapter 5 (NOISE CONTROL), Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS), all of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-4-111 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, an the same hereby is, amended and reordained to read as follows:

Sec. 2-4-111 Functions; powers and duties.

(a) The functions of the commission shall be to advise and make recommendations to the city council and, where appropriate, to the planning commission and the city manager. The city manager shall distribute commission recommendations to appropriate city departments for their consideration. These recommendations shall relate to: clean air, land use, noise pollution and abatement, pesticides, herbicides and contaminants, solid waste, water quality and supply, other topics relating to conservation and protection of environmental conditions in the City of Alexandria, and such other matters as from time to time may be referred to the commission by the city council.

(b) The directors of the departments of health, transportation and environmental services, and planning and zoning shall be responsible for forwarding appropriate information, through the city manager, to the commission on all matters that impact on the areas of the commission's responsibility.

(c) It shall also be the responsibility of the commission to consult with and cooperate with federal, state, regional and local agencies charged with the protection of the environment, in accord with the provisions of section 2-4-5(d) of this code.

(d) The commission is empowered to adopt rules and regulations in regard to procedure and other matters so long as same are not inconsistent with the city code, including, but not limited to, the establishment of committees through which it may carry on its functions and purpose.

(e) A commission chair, vice-chair and secretary shall be elected annually by the commission members at the organizational meeting designed by the commission.

(f) The Department of Transportation and Environmental Services shall provide administrative and logistical support to the commission and its chair.

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

Sec. 11-1-2 Director of Department of Transportation and Environmental Services to administer and enforce; duly authorized representative(s).

The director of the Department of Transportation and Environmental Services shall administer and enforce the provisions of this chapter. Use of the title "director" in this chapter shall include the director of the Department of Transportation and Environmental Services and/or his or her duly authorized representative(s).

Section 3. That Section 11-5-2 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 11-5-2 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(1) Aircraft. Any device that is used or intended to be used for flight in the air, engaged in carrying persons or property.

(2) Acoustics. The science of sound including its generation, propagation, measurement and physiological and psychological effects.

(3) Ambient noise. The all encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far.

(4) A-weighted sound level [dB(A)]. A quantity, in decibels read from a sound level meter, that is switched to the weighting network labeled "A." The A-weighted network shall be as specified under the most recent specifications of the American National Standards Institute, Inc., New York, N.Y. (ANSI).

(5) Center frequency. For acoustic measurement, the center frequency of an octave band which is the geometric mean of the upper and lower frequency limits of the band.

(6) Commercial use area. The area within 200 feet of all boundaries of any property producing noise or, where such property is a railroad, the area within 200 feet perpendicular to the centerline of the railroad track at the source of the noise, when the predominant use of the properties in that area is for commercial purposes.

(7) Construction. Any or all activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, railroads, premises, parks, utility lines including any lines in already constructed tunnels, or other property, including land clearing, grading, excavating and filling.

(8) Construction device. Any device designed and intended for use in construction including, but not limited to any air compressors, backhoes, concrete vibrators, cranes (derrick), cranes (mobile), dozers (track and wheel), generators, graders, loaders (track and wheel), mixers, pavement breakers, pavers, pile drivers, power hoists, rock drills, rock crushers, rollers, scrapers, and shovels.

(9) Continuous noise. Noise whose level remains essentially constant without interruption or break.

(10) Decibel (dB). A unit of sound magnitude equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure being measured to a reference sound pressure of 20 micronewtons per square meter or 0.0002 microbars, abbreviated "dB."

(11) Director. The Director of the Department Transportation and Environmental Services of the City of Alexandria or his duly authorized representative.

(12) Emergency signal device. Any gong, bell, siren, whistle or any horn or any similar device the use of which is permitted on authorized vehicles or which are mounted on poles, buildings, towers or other supports.

(13) Emergency work. Work made necessary to restore property to a safe and working condition following a public calamity, or work required to protect persons or property from imminent danger.

(14) Engineer. The noise pollution specialist designated or appointed by the director.

(15) Exhaust system. A system which removes and transports air or gas from a device.

(16) Hertz. A unit of measurement of frequency numerically equal to cycles per second.

(17) Impulsive noise. A short burst of acoustical energy such as, but not limited to, that produced by weapon fire, punch press or drop hammer. A pressure time history of a single impulse includes a rapid rise to a maximum peak pressure followed by a somewhat slower decay, both occurring within one second.

(18) Industrial use area. The area within 200 feet of all boundaries of any property producing noise or, where such property is a railroad, the area within 200 feet perpendicular to the centerline of the railroad track at the source of the noise, when the predominant use of properties in that area is for industrial purposes.

(19) Internal combustion engine. A device for the production of energy by means of combustion under pressure.

(20) Microbar. Unit of pressure commonly used in acoustics and equal to one dyne per square centimeter or one-tenth (0.1) Newtons per square meter.

(21) Motorcycle. Every motor vehicle designed to travel on not more than three wheels in contact with the ground and any four wheeled vehicle weighing less than 500 pounds and equipped with an engine of less than six horsepower.

(22) Motorized construction device. Any construction device which is a motor vehicle.

(23) Motor vehicle. Every device in, upon or by which any person or thing is or may be transported or drawn upon a highway which is self-propelled or designed for self-propulsion, except devices used exclusively upon stationary rails or tracks.

(24) Muffler. An apparatus generally consisting of but not limited to a series of chambers or baffles for the purpose of transmitting gases while reducing sound level.

(25) Newton. A unit of pressure. The force required to accelerate one kilogram of mass at one meter per second squared.

(26) Noise. A steady-state or impulsive sound or sounds occurring on either a continuous or intermittent basis or any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

(27) Noise level. See sound pressure level.

(28) Octave band. An interval in the audible range of sound that has an upper frequency numerically exactly twice that of its lower frequency.

(29) Owner. Owner shall have no connotations other than that customarily assigned to the term "person," but shall include bodies politic and corporate, associations, partnerships, personal representatives, trustees and committees, as well as individuals.

(30) Person. Any individual, corporation, cooperative, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state or any legal successor, representative, agent or agency of the foregoing.

(31) Power equipment. Motorized or engine driven equipment such as, but not limited to, powered saws or chain saws and powered hand tools including hydraulic and pneumatic hand tools. Does not include air or surface transportation vehicles, construction devices, sound signaling devices or power lawn and garden equipment.

(32) Power lawn and garden equipment. Powered devices for care and maintenance of lawns and gardens, including but not limited to, edgers, garden tractors, hedge clippers, home tractors, lawn mowers, snow and leaf blowers, tillers, and trimmers.

(33) Property. The smallest area owned or leased by the same person or persons.

(34) Rail rapid transit system. A railroad used exclusively for local service in the transportation of passengers as a common carrier for hire together with the appurtenances, facilities and equipment thereof.

(35) Railroad. All the rights-of-way of any common carrier operating a railroad, whether owned or operated under contract, agreement or lease.

(36) Residential use area. The area within 200 feet of all boundaries of any property producing noise or, where such property is a railroad, the area within 200 feet perpendicular to the center line of the railroad track at the source of noise, when the predominant use of properties in that area is for residential purposes.

(37) Slow meter response. The dynamic response of a sound level meter, as specified under the most recent specification of the American National Standards Institute, Inc., New York, N.Y. (ANSI) for sound level meters.

(38) Sound. An auditory sensation evoked by alternating compression and expansion of air, or other medium, accompanied by changes in pressure, particle velocity or displacement.

(39) Sound level. The weighted sound pressure level in decibels obtained by use of a sound level meter with a metering response (fast or slow) and A, B or C weighting networks as specified by the American National Standards Institute, Inc., New York, N.Y. (ANSI).

(40) Sound level meter. An instrument comprising a microphone, amplifier, and output meter, and frequency weighting networks, that is used for the measurement of sound levels in a manner specified by the American National Standards Institute, Inc., New York, N.Y. (ANSI), in its standards 1.4-1971 or latest revision.

(41) Sound pressure. The difference between the barometric or average pressure and the instantaneous pressure created at a given point by a source of sound: measured in Newtons per square meter.

(42) Sound pressure level (in decibels). 20 times the logarithm to the base of 10 of the ratio of the pressure of the sound being measured to a reference sound pressure of 20 micronewtons/m2(0.0002 microbars).

(43) Sound reproduction device. A device intended primarily for the production or reproduction of sound including, but not limited to, any musical instrument, radio receiver, television, receiver, tape recorder, phonograph and sound amplifying system.

(44) Sound signal device. A device designed to produce a sound signal when operated, including but not limited to, any klaxon, air horn, whistle, bell, gong, siren, but not an emergency signal device.

(45) Warning device. Sound signal devices used to alert and warn people. The members of the Environmental Policy Commission in office as of the effective date of this ordinance shall continue to serve the unexpired portion of their term of office.

Section 4. That the City Attorney be, and he hereby is, authorized to make any needed conforming amendments to the Code of the City of Alexandria, Virginia 1981, as amended, in preparing the codification of this ordinance.







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

Introduction: 9/12/00
First Reading: 9/12/00
Publication: 9/14/00
Public Hearing: 9/16/00
Second Reading: 9/16/00
Final Passage: 9/16/00

* * * * *

38. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to add a new Section 10-3-924 to the City Code, to authorize the installation of signs specifically requiring motorists to yield the right-of-way to pedestrians in a marked crosswalk, and to establish a penalty of $100 to $500 for failure to yield the right-of-way at such a crosswalk. (#23 9/12/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum 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. 38; 9/16/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council finally passed the Ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4153

AN ORDINANCE to add a new Section 10-3-924 (FAILURE TO YIELD RIGHT-OF-WAY TO PEDESTRIAN IN SPECIFICALLY MARKED CROSSWALK) to Article B (RECKLESS DRIVING, SPEEDING, ETC.), Chapter 3 (OPERATION OF VEHICLES), Title 10 (MOTOR VEHICLES AND TRAFFIC) of the Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article B, Chapter 3, Title 10 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Section 10-3-924 to read as follows:

Sec. 10-3-924 Failure to yield right-of-way to pedestrians in specifically marked crosswalk.


(a) The director of Transportation and Environmental Services is authorized to install and maintain signs at marked crosswalks specifically requiring operators of motor vehicles, at the locations where such signs are installed, to yield the right-of-way to pedestrians crossing or attempting to cross the street.

(b) Any operator of a motor vehicle who fails at such locations to yield the right-of-way to pedestrians as required by such signs shall be guilty of a traffic infraction punishable by a fine of no less that $100 or more than $500.

(c) The design, location and installation of such signs shall comply with criteria developed by the Commonwealth Transportation Board.

(d) The provisions of this section shall be in addition to and supplementary to any other provisions of law, including without limitation the provisions of section 46.2-924 of the Virginia Code, requiring that the operator of a motor vehicle yield the right-of- way to pedestrians.

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

KERRY J. DONLEY
Mayor
Introduction: 9/12/00
First Reading: 9/12/00
Publication: 9/14/00
Public Hearing: 9/16/00
Second Reading: 9/16/00
Final Passage: 9/16/00
* * * * *

39. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 13-1-22 of the City Code to increase the penalty for unlawfully depositing trash or litter on public or private property from a fine of not more than $500, to a fine of $250 to $2,500, and/or confinement in jail for up to 12 months, as permitted by state law. (#24 9/12/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum 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. 39; 9/16/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4154

AN ORDINANCE to amend and reordain Section 13-1-21 (THROWING, LEAVING, ETC., GARBAGE, DEAD ANIMALS, ETC., ON PRIVATE PREMISES), and Section 13-1-22 (THROWING, LEAVING, ETC., GARBAGE, MIXED REFUSE, DEAD ANIMALS, ETC., ON STREETS, ETC.; PERMIT FOR DEPOSIT OF BUILDING MATERIAL) of Chapter 1 (GENERAL OFFENSES), Title 13 (MISCELLANEOUS OFFENSES) of the Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 13-1-21 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. 13-1-21 Throwing, leaving, etc., garbage, mixed refuse, dead animals, etc., on private premises.

Except as provided by title 5, chapter 1 of this code, no person shall throw, cast, deposit, drop, scatter or leave, or cause to be thrown, cast, laid, deposited, scattered or left, in or upon any private lot or premises in the city any coal, dirt, mud, mixed refuse, trash, ashes, garbage, gravel, sand, sawdust, shavings, hay, straw, leaves, offal, vegetable matter of any kind, any dead animals or putrescible matter of any sort. Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not less than $250 or more than $2,500 and/or confinement in jail for not more than 12 months.

Section 2. That Section 13-1-22 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. 13-1-22 Throwing, leaving, etc., garbage, mixed refuse, dead animals, etc., on streets, etc.; permit for deposit of building material.

(a) Except as provided by title 5, chapter 1 of this code, no person shall throw, cast, deposit, drop, scatter or leave, or cause to be thrown, cast, laid, deposited, scattered or left, in or upon any street, alley, sidewalk, parking or other public place in the city any coal, dirt, trash, mixed refuse, mud, ashes, garbage, gravel, sand, sawdust, shavings, hay, straw, clippings, offal, vegetable matter of any kind, any dead animals or putrescible matter of any kind or building material of any kind; provided, that leaves may be deposited in the streets from October 1 to December 31 of any calendar year, for collection by the city. Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not less than $250 or more than $2,500 and/or confinement in jail for not more than 12 months.

(b) In cases where it is necessary to get building material to premises by depositing it in some public place, a permit shall be obtained from the city manager and notice of the permit shall be given the police department.





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

KERRY J. DONLEY
Mayor
Introduction: 9/12/00
First Reading: 9/12/00
Publication: 9/14/00
Public Hearing: 9/16/00
Second Reading: 9/16/00
Final Passage: 9/16/00
* * * * *

40. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 6-105 of the Zoning Ordinance to extend the time for which temporary school trailers may be permitted in the POS/Public Open Space and Community Recreation Zone. (#25 9/12/00) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4155

AN ORDINANCE to amend and reordain Section 6-105 (SPECIAL USES), under Section 6-100 (POS/PUBLIC OPEN SPACE ZONE), of Article VI (SPECIAL AND OVERLAY ZONES) of the City of Alexandria Zoning Ordinance (TA NO. 00-0007).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Subsection (I) of Section 6-105 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(I) Temporary public school classroom trailers in conjunction with adjacent public schools. This subsection shall expire on June 30, 2006. Any trailers permitted under the authority of this subsection shall be removed by that date.

Section 2. That Section 6-105 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.



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

KERRY J. DONLEY
Mayor

Introduction: 9/12/00
First Reading: 9/12/00
Publication: 9/14/00
Public Hearing: 9/16/00
Second Reading: 9/16/00
Final Passage: 9/16/00
* * * * *

41. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the proffered zoning conditions for the Metzger property at 3750 Duke Street. (#26 9/12/00) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4156

AN ORDINANCE to amend and reordain Sheet No. 60.02 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES), of the City of Alexandria Zoning Ordinance, by amending the proffers applicable to the property known as the Metzger site, at 3750 Duke Street (ZONING MAP AND TAX MAP PARCEL NO. 60.02-05-03), zoned RB/Townhouse Zone (REZ No. 00-0001), in accordance with the said zoning map amendment heretofore approved by city council.

WHEREAS, the City Council finds and determines that:

1. An application has been submitted to amend the proffers applicable to the property known as the Metzger site, at 3750 Duke Street (ZONING MAP AND TAX MAP PARCEL NO. 60.02-05-03), zoned RB/Townhouse Zone.
2. The said rezoning is in conformity with the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, as amended;

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

Section 1. That Sheet No. 60.02 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

FROM: RB/Townhouse Zone, subject to proffers as set forth in Ordinance No. 3745
TO: RB/Townhouse Zone

Subject, however, to proffers 1 and 2, as set forth in Ordinance 3745, and the following revised proffer 3:

Section 2. That proffer 3 as stated in Ordinance 3745, be, and the same hereby is, repealed.

Section 3. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendment on the said map.

Section 4. That Sheet No. 60.02 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 5. That this ordinance shall become effective on the date and at the time of its final passage.
KERRY J. DONLEY
Mayor
Attachment

Introduction: 9/12/00
First Reading: 9/12/00
Publication: 9/14/00
Public Hearing: 9/16/00
Second Reading: 9/16/00
Final Passage: 9/16/00
* * * * *

aTTACHMENT


42. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to rezone a portion of the property at 2 East Walnut Street from POS/Public Open Space and Community Recreation Zone to CL/Commercial Low Zone. (#27 9/12/00) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4157

AN ORDINANCE to amend and reordain Sheet No. 53.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES), of the City of Alexandria Zoning Ordinance, to rezone a portion of the property at 2 East Walnut Street (ZONING MAP AND TAX MAP PARCEL NO. 53.04-08-35), from POS/Public Open Space and Community Recreation Zone, to CL/Commercial Low Zone (REZ No. 00-0004), in accordance with the said zoning map amendment heretofore approved by city council.

WHEREAS, the City Council finds and determines that:

1. The Planning Commission on its own motion initiated a technical correction to the zoning map to rezone a portion of the property at 2 East Walnut Street (ZONING MAP AND TAX MAP PARCEL NO. 53.04-08-35), from POS/Public Open Space and Community Recreation Zone, to CL/Commercial Low Zone.

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

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

Section 1. That Sheet No. 53.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

2 East Walnut Street (Zoning Map and Tax Map Parcel No. 53.04-08-35), comprising the northeast corner of the parcel, as shown on the sketch plan entitled A REZ #00-0004, dated June 6, 2000, attached hereto and incorporated herein by reference.

FROM: POS/Public Open Space and Community Recreation Zone
TO: CL/Commercial Low Zone

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

Section 3. That Sheet No. 53.04 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor
Attachment

Introduction: 9/12/00
First Reading: 9/12/00
Publication: 9/14/00
Public Hearing: 9/16/00
Second Reading: 9/16/00
Final Passage: 9/16/00
* * * * *


Attachment


43. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public street right-of-way at 108 Franklin Street. (#29 9/12/00; VACATION #2000-0002) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4158

AN ORDINANCE to vacate a portion of the public street right-of-way, consisting of total land area of 100 square feet, at 108 Franklin Street, in the City of Alexandria.

WHEREAS, Franklin Street, L.L.C. ("Applicant"), has applied for the vacation of a portion of the public street right-of-way at 108 Franklin Street, consisting of a total land area of 50 square feet, at the southeast corner of Potomac Street and Franklin Street, and 50 square feet at the northwest corner of Union Street and Franklin Street; and

WHEREAS, the public right-of-way to be vacated by this ordinance is shown on the plat, dated March 16, 2000, and prepared by Bowman Consulting Group (the "Plat") (attached hereto); and

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

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

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

WHEREAS, the city's real estate assessor has determined that the public right-of-way to be vacated by this ordinance has no value; and

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

Section 1. That the public right-of-way at 108 Franklin Street, consisting of a total land area of 50 square feet, at the southeast corner of Potomac Street and Franklin Street, and 50 square feet at the northwest corner of Union Street and Franklin Street, as shown on the Plat, be, and the same hereby is, vacated.

Section 2. That this vacation is subject to the Applicant complying with the condition that it provide the city with a plat of consolidation, joining the areas being vacated by this ordinance with the adjacent parcel of private property.

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

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

Section 5. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the condition set forth above in section 2 has been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the condition set forth in section 2 has been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of FRANKLIN STREET, L.L.C. , and such recordation shall be done by the Applicant at its own expense.

KERRY J. DONLEY
Mayor
Attachment: Vacation Plat

Introduction: 9/12/00
First Reading: 9/12/00
Publication: 9/14/00
Public Hearing: 9/16/00
Second Reading: 9/16/00
Final Passage: 9/16/00
* * * * *

Attachment


44. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public street right-of-way at 108 Franklin Street. (#30 9/12/00) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4159

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

WHEREAS, Franklin Street, L.L.C., is the owner of the property located at 108 Franklin Street in the City of Alexandria, Virginia; and

WHEREAS, Franklin Street, L.L.C., desires to establish and maintain, and has applied for, an encroachment into the right-of- way at Potomac and Franklin Streets, which encroachment shall consist of bay windows in three locations, and which will encroach into the public right-of-way as shown on the plat dated April 4, 2000, and prepared by Bowman Consulting Group (the "Plat") (attached hereto); and

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

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

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

Section 1. That Franklin Street, L.L.C., and its successors in title (hereafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of Potomac and Franklin Streets in the City of Alexandria, said encroachment consisting of bay windows, all as more particularly shown on the Plat, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

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

(a) a minimum 4 foot clear sidewalk shall be maintained on all streets; and

(b) the area of permitted encroachment shall be permitted to be adjusted to be consistent with the approved final site plan, if necessary, to meet special use permit conditions.

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

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

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

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

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

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

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



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

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

KERRY J. DONLEY
Mayor

Introduction: 9/12/00
First Reading: 9/12/00
Publication: 9/14/00
Public Hearing: 9/16/00
Second Reading: 9/16/00
Final Passage: 9/16/00
* * * * * *


aTTACHMENT


45. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public street right-of-way for the Chicken Out restaurant at 701 South Washington Street. (#31 9/12/00) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4160

AN ORDINANCE authorizing Chicken Out, Inc., to establish and maintain an encroachment into the public right-of-way at 701 South Washington Street, in the City of Alexandria, Virginia.

WHEREAS, Chicken Out, Inc., operates a restaurant at 701 South Washington Street in the City of Alexandria, Virginia; and

WHEREAS, Chicken Out, Inc., desires to establish and maintain outdoor restaurant seating which will encroach into the public right-of-way at 701 South Washington Street; and

WHEREAS, the public right-of-way at this point on Washington 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; 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 Chicken Out, Inc., be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way at 701 South Washington Street in the City of Alexandria, for so long as Chicken Out, Inc., operates a restaurant at the said location, said encroachment consisting of outdoor restaurant seating, as shown on the attached sketch plan, 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 Chicken Out, Inc., of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

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

(a) the outdoor seating area shall not protrude beyond the existing planting beds.

(b) the area of permitted encroachment shall be permitted to be adjusted to be consistent with the approved site plan, if necessary to meet special use permit conditions.

Section 3. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Chicken Out, Inc., 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 Chicken Out, Inc., as named insureds and shall provide for the indemnification of the City of Alexandria and Chicken Out, Inc., 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, Chicken Out, Inc., 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 Chicken Out, Inc. Nothing in this section shall relieve Chicken Out, Inc., of its obligations and undertakings required under this ordinance.

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

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

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

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



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

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

KERRY J. DONLEY
Mayor

Attachment: Encroachment Sketch Plan

Introduction: 9/12/00
First Reading: 9/12/00
Publication: 9/14/00
Public Hearing: 9/16/00
Second Reading: 9/16/00
Final Passage: 9/16/00
* * * * *


Attachment


46. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public street right-of-way for the Crown gas station at 4109 Duke Street. (#32 9/12/00) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4161

AN ORDINANCE authorizing the Crown Stations, Inc., to establish and maintain an encroachment into the public right-of-way at 4109 Duke Street, in the City of Alexandria, Virginia.

WHEREAS, the Crown Stations, Inc., is the owner of the property located at 4109 Duke Street in the City of Alexandria, Virginia; and

WHEREAS, the Crown Stations, Inc., desires to establish and maintain three light poles, and one or more freestanding signs, public telephones and monitoring wells, all of which will encroach into the public right-of-way at 4109 Duke Street; and

WHEREAS, the public right-of-way at that point on the 4100 block of 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 the Crown Stations, Inc. (the "Owner"), be, and hereby is, authorized to establish and maintain an encroachment into the public right-of-way at 4109 Duke Street in the City of Alexandria, said encroachment consisting of three light poles, and one or more freestanding signs, public telephones and monitoring wells, as shown on the attached plat, 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 the Owner reducing the size of the existing pylon sign to a maximum height of fifteen (15) feet and a maximum sign area of fifty (50) square feet.

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

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

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

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

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

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

Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

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

KERRY J. DONLEY
Mayor

Attachment: Encroachment Plat

Introduction: 9/12/00
First Reading: 9/12/00
Publication: 9/14/00
Public Hearing: 9/16/00
Second Reading: 9/16/00
Final Passage: 9/16/00
* * * * *

Attachment


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (47 - 52)

Planning Commission (continued)

47. 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

48. 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: Deferred (inadequate notice)

49. SPECIAL USE PERMIT #2000-0088 -- 420 E MONROE AVENUE -- YMCA -- Public Hearing and Consideration of a request for a special use permit for intensification of a community center to allow scheduled dances and expand the hours of operation; zoned R-2-5/Residential. Applicant: YMCA of Metropolitan Washington, Alexandria Branch, by Donna Clark.

COMMISSION ACTION: Deferred (inadequate notice)

50. SPECIAL USE PERMIT #2000-0096 -- 404 E MONROE AVENUE -- Public Hearing and Consideration of a request for a special use permit for a parking reduction for an expansion of an apartment building; zoned RB/Townhouse. Applicant: Ilona E. Grenadier.

COMMISSION ACTION: Deferred 7-0
For Informational Purposes Only:

51. CITY CHARTER, SECTION 9.06, CASE #2000-0004 -- 100-150 CALLAHAN DRIVE -- UNION STATION -- Public Hearing and Consideration of a proposal by the City of Alexandria to acquire the Union Station property, pursuant to the provisions of Section 9.06 of the City Charter.

COMMISSION ACTION: Approved 7-0

52. 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: Deferred

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without Objection, City Council noted the above.
* * * * *

New Business Item No. 2: City Manager Sunderland announced that on the evening of September 27, at 6:00 p.m. in Market Square, there will be a pep rally for the T.C. Williams Football Team.
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Euille, seconded by Vice Mayor Cleveland and carried unanimously, at 6:10 p.m., the Public Hearing Meeting of Saturday, September 16, 2000, was adjourned. The voting was as follows:

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

APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR


ATTEST:



_____________________________________
Beverly I. Jett, CMC City Clerk



The meeting was adjourned at 6:10 p.m.

This docket is subject to change.

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