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Office of the City Clerk
November 16, 2002

All Persons, Including Applicants, Wishing
to Speak Before City Council Must Fill Out A
Speaker's Form (Which May Be Found in The
Rear of the Council Chamber) and Present It
to the City Clerk.

If you have a prepared statement, please present
it to the City Clerk.

At 8:30 a.m., there was the Grand Opening
of the Eisenhower Recycling Center, 4251 Eisenhower
Avenue.


Public Hearing Meeting
Saturday, November 16, 2002 - - 9:30 a.m.


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OPENING

1. Calling the Roll.

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

2. Public Discussion Period.

(a) Cathleen Curtin, 412 Wilkes Street, spoke against the approved plan for Windmill Hill Park. She requested that the volleyball court and the dog exercise be left where they are, and asked Council’s consideration in reopening the Windmill Hill Park discussions.

(b) Jack Sullivan, 4300 Ivanhoe Place, spoke to the cancellation of the public hearing on the Connector. Many believe that the Council and City staff would benefit from hearing their vision for the west end of Eisenhower Valley, and their views on its future. They believe that the testimony should proceed, not follow, the current staff study; however, since that is not likely to happen and three minutes of open mike are not sufficient for the import of what they have to say, he stated they will wait for another day. He let Council know and communicated to those who might be watching on television that the “Yes to Neighborhoods/No to Connectors” signs will be taken off the public right-of-way in the next few days. In addition, he requested that the signs relating to the recent election be taken down. Mr. Sullivan reported homeowners are also being asked to take in the signs on their private property and to store them away in a safe place.




OPENING (continued)

(c) Jonathan Wilbor, 310 South Lee Street, spoke to the Windmill Hill Park plan. He requested that everyone work together on the portions of the plan upon which everyone agrees, and work out any differences later.

(d) Bert Ely, 200 South Pitt Street, representing the Coalition for a Sensible Bridge (CSB), urged Council to reconsider its support of the 12-lane Wilson Bridge project in light of Virginia’s fiscal crunch and the defeat of the sales tax referendum. (A copy of his statement is on file in the office of the City Clerk.)

(e) David Fromm, 2307 East Randolph Avenue, expressed gratitude for the sponsorship that the City, together with Potomac West Business Association, provided for the Halloween Parade in Del Ray on the last Sunday in October. It was quite a success. He thanked the Police, the Fire Department, and particularly, the staff at the Mount Vernon Recreation Center who came out and did a tremendous amount of work with having to reposition the event because of being in the shadows of the snipers. Next year, the parade will be returned to the street where it rightfully belongs.

(f) Chris Hamilton, 2912 Hickory Street, president, Warwick Village Citizens Association, and representing a wonderful group of people from the Upper Potomac West Community, i.e., the Arlandria Business Association, the Potomac West Business Association, Saint Rita’s, Arlandria, Hume Springs, Lynhaven, Mount Jefferson, and Warwick Village Civic Associations, Auburn Village, Brighton Square, Lennox Place, many individuals and our good friends in Del Ray, stated that all of them collectively have worked together over the past few years on an experiment in pro-active community planning to strengthen and revitalize the Arlandria commercial corridor. They wanted to take this public opportunity to say thank you to Code Enforcement Director Dahlberg and staff; Fire Chief Hawkins and staff; Police Chief Samarra and staff; Assistant Commonwealth’s Attorney Cullen; Transportation and Environmental Services Director Baier, Deputy Director McCobb, and Division Chief Garbacz; Planning and Zoning Department Director Fogarty, Deputy Director Ross, Division Chief Fogle, Urban Planner Beeton and P&Z’s entire team of staff and consultants; City Manager Sunderland; and the Mayor and City Council. He thanked them for improving the Arlandria area over the past two years and supporting the planning work that has resulted in the Arlandria Plan document. In addition, Mr. Hamilton thanked the City for demolishing the Datatel building for redevelopment.

Councilwoman Woodson reported that the Tenants and Workers Support Committee has a very interesting concept plan for youths at the Datatel site for a community center that would be a wonderful adjunct to other kind of things that the City has planned for that community, and perhaps would make better use of the location in the interim until the triangle area there, including the Safeway site, is then built out, perhaps not exactly the way Council envisioned it, but something like the way Council envisioned it. This would fit right into it and would go ahead and serve the community that is living there right now. She encouraged the organizations represented here that it’s worthy of consideration, and it’s worthy of Council’s consideration.

(g) Julie Crenshaw, 816 Queen Street, reported on some research she has done in relation to the Potomac River and fecal coliform with respect to Windmill Hill Park. She stated that Council needs to have a public hearing and reconsider the issue of moving the volleyball court and the dog park. (Information she provided is on file in the office of the City Clerk.)



OPENING (continued)

(h) C. Peter Schumaier, 2403 Leslie Avenue, spoke against moving the volleyball court from its present location in Windmill Hill Park.

(i) Ruth Walker, 611 South Alfred Street, representing day care providers, spoke in support of providing health insurance for the day care providers.

Councilman Euille reported that City Council is waiting for a report from the Budget Fiscal Affairs Advisory Committee on this subject.

(j) Theresa Edwards, 1212 Franklin Street, representing the Tenants and Workers Support Committee’s Education Committee and also the day care providers, requested that the City provide a multi-cultural youth facility for all of the citizens of Alexandria, a health care clinic for the citizens of Alexandria who do not have health insurance and consider providing health insurance for the day care providers.

(k) Clifford Temes, 8321 Cherry Valley Lane, questioned the City Council about the three vacant buildings at King and Union Streets.

Mayor Donley and Councilman Speck provided Mr. Temes with a status report on what is taking place at these three properties which staff have been providing to the Council at its legislative meetings.

(l) Frances Hallihan, 104 Pommander Walk, spoke to Windmill Hill Park and to the relocation of the volleyball park and the dog park.

(m) Carolyn Merck, 324 North Royal Street, president, Old Town Civic Association, reported that it is surveying its entire membership to determine how best we might proceed to achieve a more satisfactory resolution to some key issues regarding the design of Windmill Hill Park than seen in the Council-approved plan including, for example, the proximity of the children’s play space and the dog exercise area. Based on the analysis of the issues, OTCA will prepare a proposal to Council for addressing park problems in need of resolution.

Ms. Merck left Council with two questions as follows: Have you actually looked at “The Hat” recently? And, do we really have to rebuild the “Bus Barn?”
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-8)

Planning Commission

3. SPECIAL USE PERMIT #2002-0089
701 S WASHINGTON ST
CHICKEN OUT RESTAURANT
COMMISSION ACTION: Recommend Approval 7-0


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

4. SPECIAL USE PERMIT #2002-0090
210 WESMOND DR
COMMISSION ACTION: Recommend Approval 7-0

5. SPECIAL USE PERMIT #2002-0091
4001 MT VERNON AV
EXXON-MOBIL STATION
COMMISSION ACTION: Recommend Approval 7-0

6. SPECIAL USE PERMIT #2002-0092
1306 DUKE ST
THRIFTY RENT-A-CAR
COMMISSION ACTION: Recommend Approval 7-0

7. SPECIAL USE PERMIT #2002-0094
901 N WASHINGTON ST
SUBWAY SANDWICH SHOP
COMMISSION ACTION: Recommend Approval 7-0

8. SPECIAL USE PERMIT #2002-0097
4001 EISENHOWER AV
CAMERON RUN REGIONAL PARK
COMMISSION ACTION: Recommend Approval 7-0

END OF ACTION CONSENT CALENDAR




REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

City Council approved the Action Consent Calendar as presented. The action of City Council follows:

3. City Council approved the Planning Commission recommendation.

4. Councilwoman Pepper expressed concern about the size of the playground in the backyard. She indicated that she hopes that whoever is going to be licensing that home that they take a very good look at that. It is true that there are other parks in the area and that makes it possible for this home to be licensed, but if they are counting on the backyard, there is just not enough room there, or if so, they would have to move some of their cars.

City Council approved the Planning Commission recommendation.

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

9. Public Hearing on the Proposed City Legislative Package for the 2003 General Assembly Session. (#15 10/23/02)

Councilman Speck asked Council to include the specific question of a movie admissions tax in its discussion with the legislative delegation.

Councilman Speck spoke to the request for authority to increase the local recordation tax and use of the new revenue to purchase or preserve open space.

Councilwoman Woodson would like to see if the City is given the authority to increase the recordation tax to also include affordable housing so that it can be used to preserve open space and provide affordable housing. Staff could work on the language for the 26th. Councilman Speck suggested adding some type of sunset provision. Councilwoman Woodson requested that Council discuss with the delegation how this can work so that it can get both of them done at one time.








REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

Councilwoman Eberwein stated that she is very interested in introducing something, not necessarily to this year’s package, but something with regard to design standards legislation. It will allow us to introduce design standards and criteria through the zoning ordinance which could be implemented at the staff level. This could be very helpful to us in doing things like preserving a community like Lynhaven from mass infill development, and creating some design standards that would not allow enclosing porches and changing the character of these historic buildings in areas where we have no ability to govern them right now. She would like to talk about this when the Council meets with the legislative delegation on Tuesday.

City Council held and closed the public hearing, scheduled adoption of the legislative package for Tuesday, November 26, following Council's work session with the General Assembly delegation, and included in the package the three addenda, i.e., one that came from Ms. Woodson, one that came from Mr. Speck, and one that came from the Mayor.
Council Action:_________________________________________________________

10. Public Hearing to Obtain Citizen Comment Before the Preparation of the City's FY 2004 Operating Budget and FY 2004 to FY 2009 Capital Improvement Program.

There were 36 speakers on this item. More detail will be listed in the minutes.

City Council held and closed the public hearing.
Council Action:_________________________________________________________

11. Public Hearing on and Consideration of Establishment of a Capital Development Office for the City of Alexandria. (#21 9/24/02)

City Council held and closed the public hearing. City Council approved the establishment of a private nonprofit capital development foundation for the City of Alexandria which will solicit private donations for City capital projects; requested the City Manager to report back as soon as possible on the specific actions needed to establish the foundation; explicit in this request is that the board that will be created will include a representative from the nonprofit organizations and that minimum contributions amounts will be established by the board when it drafts its by-laws; and finally, that the City Manager meet as soon as possible with representatives of the nonprofit community and other interested parties to discuss any other remaining issues.
Council Action:_________________________________________________________















REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

12. SPECIAL USE PERMIT #2002-0096
2420 OAKVILLE ST
COMMISSION ACTION: Recommend Approval 7-0

Del Ray Citizens Association suggested that the following condition be added: That all supply parts, materials, waste fluids and oils, left over radiator anti-freeze, and so on, are stored inside the building and that said wastes are not to accumulate and shall be disposed of in a timely fashion.

Vice Mayor Cleveland requested the maker and seconder of the motion to add the above condition requested by the Del Ray Citizens Association. This was accepted as clarity for condition #13, which addresses the issue of waste products.

City Council approved the Planning Commission recommendation, with the additional language provided by the Del Ray Citizens Association: That all supply parts, materials, waste fluids and oils, left over radiator anti-freeze, and so on, are stored inside the building and that said wastes are not to accumulate and shall be disposed of in a timely fashion.
Council Action:_________________________________________________________

13. SPECIAL USE PERMIT #2002-0077
107 W GLEBE RD
COMMISSION ACTION: Recommend Denial 6-1

City Council reversed the Planning Commission and approved the staff recommendation with a change to condition no. 4, striking the word “store” in lines 1 and 4, and adding a sentence that reads: “Employees will be required to park on the lot located at 101 Leadbeater Street except when in conflict with the church activities." The amended condition no. 4 reads as follows: “4. The applicant may park vehicles on the parking lot located behind the Love of Christ Church at 101 Leadbeater Street, provided that when church activities are scheduled to occur, the applicant shall reduce the number of vehicles parked on the lot to meet the Church’s demand for off-street parking, and provided further that no vehicles shall park in the lot on Sundays. Employees will be required to park on the lot located at 101 Leadbeater Street except when in conflict with the church activities.” A new condition was added to read as follows: “24. The applicant shall establish a community liaison to work with nearby neighbors on issues related to the operation of the business.”
Council Action:_________________________________________________________



REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

14. SPECIAL USE PERMIT #2002-0079
1106 KING ST COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation and, in addition, deleted condition no. 19.
Council Action:_________________________________________________________

15. DEVELOPMENT SPECIAL USE PERMIT #2002-0037
3612-3704 MT VERNON AV
CITY PARKING LOT
COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

16. SPECIAL USE PERMIT #2002-0093
350 HOOFF'S RUN RD
THRIFTY RENT-A-CAR
COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________













REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

17. SPECIAL USE PERMIT #2002-0107
400 HOOFF'S RUN DR
CONSTRUCTION PARKING LOT COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation, as amended by incorporating the change to condition no. 21 as recommended by Mr. Rak in his facsimile dated November 15, 2002, and the additional conditions contained in the memorandum dated November 14, 2002, from Planning and Zoning Director Fogarty.
Council Action:_________________________________________________________

18. DEVELOPMENT SPECIAL USE PERMIT #2001-0024
5699 EISENHOWER AV
KSI - VAN DORN METRO MIXED USE
Without objection, City Council deferred this special use permit for 90 days so that the applicant can respond to issues raised by staff, the community and the Planning Commission.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

19. SPECIAL USE PERMIT #2001-0115
5699 EISENHOWER AV
KSI - VAN DORN METRO MIXED USE
COMMISSION ACTION: Recommend Denial 7-0

Without objection, City Council deferred this special use permit for 90 days so that the applicant can respond to issues raised by staff, the community and the Planning Commission.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

20. Public Hearing, Second Reading and Final Passage of an Ordinance to make a supplemental appropriation of funds for the operation of city government in fiscal year 2003. (#23 11/12/02) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading and Final Passage. ORD. NO. 4275
Council Action:_________________________________________________________

21. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Section 2-1-4 of the City Code to increase the compensation of the mayor and members of city council, effective July 1, 2003. (#19 11/12/02) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading and Final Passage. ORD. NO. 4276
Council Action:_________________________________________________________

22. Public Hearing, Second Reading and Final Passage of an Ordinance to amend the King Street/Eisenhower Avenue Small Area Plan Chapter of the Master Plan to change the land use designation of the property at 1700 Duke Street to residential and retail. (#20 11/12/02 [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading and Final Passage. ORD. NO. 4277
Council Action:_________________________________________________________

23. Public Hearing, Second Reading and Final Passage of an Ordinance to approve a vacation of a portion of the public right-of-way at 1700 Duke Street. (#21 11/12/02) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading and Final Passage. ORD. NO. 4278
Council Action:_________________________________________________________

24. Public Hearing, Second Reading and Final Passage of an Ordinance to approve the vacation of the public right-of-way easement of South Street. (#22 11/12/02) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading and Final Passage. ORD. NO. 4279
Council Action:_________________________________________________________

25. Public Hearing, Second Reading and Final Passage of an Ordinance to amend the commercial, office, industrial and mixed use zones of the Zoning Ordinance to require a special use permit for retail uses over 20,000 square feet. (#16 11/12/02) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading and Final Passage, as amended. ORD. NO. 4280
Council Action:_________________________________________________________



ORDINANCES AND RESOLUTIONS (continued)

26 Public Hearing, Second Reading and Final Passage of an Ordinance to amend Articles V and XI of the Zoning Ordinance to revise the procedures for processing development plan applications. (#18 11/12/02)[ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading and Final Passage, as amended. ORD. NO. 4281
Council Action:_________________________________________________________

27. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Section 7-1800 of the Zoning Ordinance to revise the ATM regulations in the Old and Historic Alexandria and Parker-Gray Districts. (#17 11/12/02) [ROLL-CALL VOTE]

Due to his employment with Virginia Commerce Bank, Mayor Donley abstained from consideration of this matter because it affects the nature of his employment.

City Council finally passed the ordinance upon its Second Reading and Final Passage. ORD. NO. 4282
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (28-32)

Planning Commission (continued)

The following item was withdrawn by the appellant on October 15, 2002:

28. An appeal of an administrative determination by the Director of Transportation and Environmental Services denying a request for a curb cut located at 5 East Custis Avenue. Applicant and Appellant: Frederic W. Morsberger, Jr.

WITHDRAWN BY APPLICANT

29. SPECIAL USE PERMIT #2002-0064
222 N LEE ST
COMMISSION ACTION: Noted the withdrawal

30. SPECIAL USE PERMIT #2002-0095
1800 DUKE ST
SUBWAY SANDWICH SHOP
COMMISSION ACTION: Deferred

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (continued)

Planning Commission (continued)

31. SPECIAL USE PERMIT #2002-0080
COMMISSION ACTION: Deferred (Applicant's request)

32. SPECIAL USE PERMIT #2002-0099
106 S UNION ST
OLSSON'S BOOK STORE, MOCHA CAFE
COMMISSION ACTION: Deferred (Applicant not present)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without objection, City Council noted the deferrals and withdrawals.
Council Action:_________________________________________________________

New Business Item No. 1: Councilman Speck stated that when Council had its work session several weeks ago regarding the connector, there was some discussion on the matter of insuring that if Council decided to pursue any two-lane alternatives that there would be a covenant that would restrict such connectors to just two lanes. He reported that he was asked to make clear that was something that was the sense of this Council, and he entered the following into the record:

“That it is the sense of this Council that if at any time two-lane connectors were ever considered that they would also contain a covenant that would limit them to two lanes.”
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Councilwoman Pepper moved that the Council amend its motion of November 12, to include the fact that the two-lane roadway connections under study by the City Transportation staff should be bound by covenants so that they may not be expanded.











New Business Item No. 1: (continued)

Mayor Donley asked City Attorney Pessoa if that motion was in order.

City Attorney Pessoa responded that, under the rules of Council, you can go back and rescind the prior action at anytime and then take it over again. You can’t do the motion to amend at this time. To suspend the rules, you need a simple majority.

Councilman Speck responded that he knew that Council could not make an amendment because that was from a previous meeting which Council adjourned. The purpose is to make it clear that this is the sense of this Council, and we just did that.
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The Meeting was adjourned at 3:50 p.m.
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Note: The action docket is a summary of Council's meeting deliberations prepared largely for staff follow-up. Formal Minutes of the meeting, when approved by Council, become the official record of the meeting and of Council decisions made at the meeting.
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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. Meeting materials are also available on-line at https://alexandriava.gov/council.
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