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Office of the City Clerk
December 17, 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.


Public Hearing Meeting
Saturday, December 14, 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 Deputy City Clerk called the Roll; all Members of City Council were present, with Councilwoman Pepper arriving at 9:35 a.m.
Council Action:_________________________________________________________

2. Public Discussion Period.

(a) Jonathan Wilbor, 310 South Lee Street, spoke of his concern about the cost of Council's amended plan for Windmill Hill Park. He asked that we get together on implementing the 90% on which we all agree, and set aside the 10% on which we disagree, and go forward.

(b) Joe Oliva, 11 Keith's Lane, president of Ford's Landing Homeowners Association, expressed his concern about the Windmill Hill Park process. He requested a copy of the actual detailed implementation plan and documents which identify funding sources and amounts for the park improvements so that the community is aware of what is going on.

At this time, 9:35 a.m., Councilwoman Pepper arrived.

Mayor Donley asked Recreation, Parks and Cultural Activities Director Whitmore to provide the documents which Mr. Oliva requested.

2. Public Discussion Period (continued)

Councilman Euille reported that he met with some citizens on Windmill Hill Park, and he had suggested that he would take their comments to a meeting already scheduled with the City Manager, to include Director Whitmore, in order to allow citizens to raise their concerns, issues and questions to be addressed. This meeting will take place on Monday, December 16, and he hopes the meeting will have a positive outcome.

(c) Frances T.H. (Terry) Hallihan, 104 Pommander Walk, thanked Councilman Euille for his facilitation of the meeting with the City Manager and Director Whitmore and staff so that those people who met with Councilman Euille can see the final plans and eliminate their concerns.

(d) Sarita Schotta, 104 Prince Street, brought up a procurement contract from June 2000 which talks about the Windmill Hill Park work and was a year old before the Task Force was organized. She raised her concern about the waste of the Task Force's many hours spent when there was already a procurement contract in place.

(e) Teresa Miller, 808 South Lee Street, president of Yates Gardens, spoke in opposition to the proposed dog park at Lee Street park and reported on her experience with Animal Control.

Assistant City Manager Evans advised that when Animal Control officers are not available, the Alexandria Police Department is the backup, but she will check to see what she can learn about this. Director Whitmore reported that Council gave the Recreation Department the ability to ticket in the park along with Animal Control.

(f) Julie Crenshaw, 816 Queen Street, expressed her disappointment that the work started in Windmill Hill Park couldn't be stopped before the meeting with the City Manager and Old Town Civic Association, and she addressed the contract which was let.

Director Whitmore explained that the contract was let for all playground improvements, and that the contract is amended as the years go on. It is competitively bid. Then, as Council directs and the budget allows, we do different improvements at different parks and playgrounds. That is where the money is coming from for these improvements. The contract was let for general playground improvements, not for this specifically, but it works into this budget year. We've given the scope of work to Triple J for the removal of the volleyball court and the installation of landscaping and the sidewalk for the dog exercise area. In the spring we will get another scope of work for the volleyball work. These are general contracts, not let two years ago for the specific purpose of improving Windmill Hill Park, but for improvements for all our parks. The monies are coming from our general operational budget as well as the budget for the improvement of dog exercise areas.

(g) Van Van Fleet, 26 Wolfe Street, reinforced the testimony of the other speakers opposed to the Windmill Hill Park improvements.

(h) Bob Bisson, 206 South Lee Street, spoke to the natural attributes of the current dog park versus the topography of the other park which make its current location the perfect site for a dog park.


2. Public Discussion Period (continued)

(i) Carolyn Merck, 324 North Royal Street, president of Old Town Civic Association, reported on the findings of the formal survey of their membership on Windmill Hill Park and urged Council to hold a public hearing to hear the views of all its residents.

(j) James McCall, 537 South Fairfax Street, a resident of the Windmill Hill area, explained that the reason this keeps coming up is that the system Council set in place broke down when the Task Force's work was set aside. He raised his concern about whether Council was fully informed of all the aspects of the park and urged that it be reopened for a hearing.

City Council participated in an in-depth discussion on the Windmill Hill Park plan.

Councilwoman Woodson declared that we need to move on. If there is still no agreement following the two meetings scheduled for next week, in January, she will ask that there be a public hearing in order to bring discussion on this subject to a close.

(k) Brittany M. Walker, 611 South Alfred Street, representing Unity child care providers, spoke about the need to provide health insurance for child care providers.

The Unity Children presented an oversized Christmas card to Council, and it will be displayed in the City Clerk's office.

(l) Ruth Walker, 611 South Alfred Street, representing Unity child care providers, spoke to the need for health insurance for child care providers.

(m) Markevia Washington Bell, 910 Gibbons Street, the daughter of child care provider Sheila Bell, spoke of the need for health insurance coverage for child care providers.
Council Action:_________________________________________________________
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New Business Item No. 1. Vice Mayor Cleveland announced that at the Council of Governments' annual meeting, Mayor Donley received the prestigious Elizabeth and David Scull 2002 Metropolitan Public Service Award, the highest award COG can give, for all the work he's been doing regionally in the way of housing and transportation, and he congratulated the Mayor.

Councilwoman Pepper congratulated Mayor Donley for a well-deserved honor, and she asked the Mayor's Aide to bring this award to the first legislative meeting in January so that the public can see it.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-7)

Planning Commission

3. SPECIAL USE PERMIT #2002-0095
1800 DUKE ST
SUBWAY SANDWICH SHOP COMMISSION ACTION: Recommend Approval 6-0

4. SPECIAL USE PERMIT #2002-0098
5400-5432 EISENHOWER AV COMMISSION ACTION: Recommend Approval 6-0

5. SPECIAL USE PERMIT #2002-0102
100 S PATRICK ST
COMMISSION ACTION: Recommend Approval 6-0

6. SPECIAL USE PERMIT #2002-0105
1725 DUKE ST
STELLA'S RESTAURANT
COMMISSION ACTION: Recommend Approval 6-0

7. DEVELOPMENT SPECIAL USE PERMIT #2002-0036
200 S PICKETT ST
MERCEDES-BENZ DEALERSHIP
COMMISSION ACTION: Recommend Approval 6-0

END OF ACTION CONSENT CALENDAR


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

3. City Council approved the Planning Commission recommendation.

4. City Council approved the Planning Commission recommendation.

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.
END OF ACTION CONSENT CALENDAR
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

8. DEVELOPMENT SITE PLAN #2002-0004 -- 1708-1710 PRINCE STREET -- Public Hearing and Consideration of an appeal of the Planning Commission approval for a request for a development site plan extension for construction of an office building; zoned OCH/Office Commercial High. Applicant and Appellant: Duke Enterprises, Inc., by Robert L. Calhoun, attorney.

COMMISSION ACTION: Approved 7-0 (on 09/05/02)

City Council deferred this item, and the applicant will continue to work with staff on some design features.
Council Action:_________________________________________________________

9. SPECIAL USE PERMIT #2002-0099
106 S UNION ST
OLSSON'S BOOK STORE, MOCHA CAFE
COMMISSION ACTION: Recommend Approval 6-0

City Council approved the Planning Commission recommendation, as amended, with the deletion of condition #21, and condition #20 was amended to read: "20. "Delivery vehicles may only load and unload from The Strand, and when they do, they may not at any point block more than one travel lane."
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

10. SPECIAL USE PERMIT #2002-0080
COMMISSION ACTION: Recommend Approval 6-0

City Council approved the Planning Commission's recommendation, with the exception of outdoor seating.
Council Action:_________________________________________________________

Docket item nos. 11 and 12 were heard together but were considered under separate motions.

11. MASTER PLAN AMENDMENT #2002-0004
REZONING #2002-0003
409 N PITT ST
Block bounded by N PITT, N ROYAL, PRINCESS, PENDLETON STS
SAMUEL MADDEN HOMES
COMMISSION ACTION: Recommend Approval 6-0

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

12. DEVELOPMENT SPECIAL USE PERMIT #2002-0029
409 N PITT ST
Block bounded by N PITT, N ROYAL, PRINCESS, PENDLETON STS
SAMUEL MADDEN HOMES
COMMISSION ACTION: Recommend Approval 6-0

Whereupon, a motion was made and seconded to approve the Planning Commission recommendation with the deletion of condition #5 and to amend Conditions 13, 15, 66 and 68 which the staff has already agreed to.

After clarification of the motion, the seconder withdrew his second and another second was made.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

12. (continued) Thereupon, a motion was made and seconded to amend the motion on the floor by substituting the deleted language [Option A] in Condition #5 with a new Condition #5 [Option B], as described in Attorney Rak's December 13, 2002 letter, so that Condition #5 now reads: "5. The widths of townhouses located on lots #1, 12, 44, 56, 57, 68, 100 & 112 shall be extended one foot into the sideyard setbacks for the entire length of the side facade. Townhouses located on lots #14, 25, 32, 43, 81, 88 and 99 shall extend into the front yard by a maximum of 18 inches along the length of the front facade."; and to amend items 13, 15, 66 and 68 which the staff has already agreed to; which motion to amend carried on a vote of 4-to-3.

Whereupon, Council returned to the main motion on the floor, as amended, and approved the Planning Commission recommendation with the change now to Condition #5, as amended, and to amend Conditions 13, 15, 66 and 68 as agreed to by the applicant and staff, so that Condition #5 now reads: "5. The widths of townhouses located on lots #1, 12, 44, 56, 57, 68, 100 & 112 shall be extended one foot into the sideyard setbacks for the entire length of the side facade. Townhouses located on lots #14, 25, 32, 43, 81, 88 and 99 shall extend into the front yard by a maximum of 18 inches along the length of the front facade."; which motion carried unanimously.
Council Action:_________________________________________________________

13. DEVELOPMENT SPECIAL USE PERMIT #2002-0033
1608-1706 W BRADDOCK ROAD & RADFORD ST
ARHA SCATTERED HOUSING - W BRADDOCK RD
COMMISSION ACTION: Recommend Approval 6-0

Mayor Donley offered guidance to Attorney Gibbs, the applicant and staff as they go forward in their negotiations on the use of brick versus cementitius side. He stated that cost is an important consideration, and I don't want us to lose sight of that. We want to have a good quality project and to maximize the building materials, but cost is an important aspect.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

13. (continued) City Council approved the Planning Commission recommendation with the changes in conditions as noted [in Attorney Hart's letter dated December 13, 2002] to now read: Condition #1c: "1c. The facade for the unit on Lot 11 shall be a combination of brick and cementitius siding to the satisfaction of the Director of P&Z."; Condition #1d: "1d. The units shall provide varied rooflines as generally depicted on the preliminary plans."; Condition #1e: "1e. The roof material and color shall be done to the satisfaction of the Director of P&Z."; Condition #5: "5. Fencing shall be constructed as indicated on the preliminary plan and maintained in good condition. Type A fencing shall be white, Type B fencing shall be aluminum or steel with a black factory-applied finish. The section of fence at the end unit, adjacent to W. Braddock Road, shall be a brick wall with the same overall dimensions as the fence shown to the satisfaction of the Director of
P&Z."; and Condition #38: "38. The applicant shall be allowed to make minor adjustments if the changes do not result in a loss of parking or landscaping or an increase in impervious area except for architectural embellishments and screening of solid waste containers to the satisfaction of the Director of P&Z."
Council Action:_________________________________________________________

14. VACATION #2002-0004
1600-1706 W BRADDOCK ROAD; RADFORD ST; KING ST
ARHA SCATTERED HOUSING - W BRADDOCK RD, RADFORD, KING
COMMISSION ACTION: Recommend Approval 6-0

City Council approved the Planning Commission recommendation and authorized the appointment of viewers. Judy Lowe, chair, and Ross Bell and Lee Roy Steele were appointed as viewers.
Council Action:_________________________________________________________

15. DEVELOPMENT SPECIAL USE PERMIT #2002-0034
423 S REYNOLDS ST
ARHA SCATTERED HOUSING - S REYNOLDS ST
COMMISSION ACTION: Recommend Approval 6-0

T&ES, Parks and Recreation and ARHA were requested to get together and look at this particular site in terms of pedestrian access and the ability to get to the nearby park areas for safety and convenience of the residents not only of the ARHA units but Essex House as well.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

15. (continued) City Council approved the Planning Commission recommendation as amended to read as follows: Condition #5: "5. The applicant shall continue to refine the elevations of the two townhouse units facing Reynolds Street to reinforce their appearance as the front of a residence by fenestration and door location to the satisfaction of the Director of P&Z. These architectural refinements shall be completed to the satisfaction of the Director of P&Z, prior to the release of final site plan."; Condition #6: "6c. The facade of the townhouse units facing S. Reynolds Street shall be a combination of brick and cementitius siding to the satisfaction of the Director of P&Z. Other facades shall be brick or cementitious siding."; "6d. The units shall provide varying roof lines as generally depicted on the preliminary plan."; "6e. Roof material and color shall be done to the satisfaction of the Director of P&Z."; Condition #39: "The applicant shall be allowed to make minor adjustments if the changes do not result in a loss of parking or landscaping or an increase in impervious area except for architectural embellishments and screening of sold waste containers to the satisfaction of the Director of P&Z."; and Condition #45: "45. Solid waste services for the site shall be provided by the City. The development must meet all the minimum street standards. The developer must provide adequate space to accommodate a City Standards super can and recycling container for each unit. The containers must be placed inside the units or within an enclosure that completely screens them from view to the satisfaction of the Director of P&Z and T&ES. The developer must purchase the standard containers from the City or provide containers that are compatible with City collection system and approved by the Director of T&ES."
Council Action:_________________________________________________________

16. DEVELOPMENT SPECIAL USE PERMIT #2002-0035
325 S WHITING ST
ARHA SCATTERED HOUSING - S WHITING ST
COMMISSION ACTION: Recommend Approval 6-0

Councilman Euille explained that on an informal basis the Wygul family has been supporting entry-level jobs for community residents, including some public housing residents, for many years. He announced that Wygul Automotive Clinic will formalize the program to partner with ARHA in awarding automotive service and repair grants to all ARHA residents. These grants will be issued by ARHA for free vehicle service at any one of the Wygul Automobile Clinics and is a 10-year commitment, $5,000 a year up to $50,000, to be administered by ARHA for their residents.

Councilman Speck requested that a community liaison be established for that area to address some of the issues that are occurring there now.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

16. (continued) City Council approved the Planning Commission recommendation as amended with the following changes: Condition #3a: "3a. Each unit shall be predominantly brick or cementitious siding rather than a combination of the two materials except where water table, chimney appearances or other architectural features are accomplished by a combination of the two."; Condition #3b: "3b. Provide varying roof lines as generally depicted on the preliminary plan."; Condition #3e: "3e. Roof material and color shall be done to the satisfaction of the Director of P&Z."; Condition #29: "#29. Solid waste services for the site shall be provided by the City. The development must meet all the minimum street standards. The developer must provide adequate space to accommodate a City Standards super can and recycling container for each unit. The containers must be placed inside the units or within an enclosure that completely screens them from view to the satisfaction of the Director of P&Z and T&ES. The developer must purchase the standard containers from the City or provide containers that are compatible with City collection system and approved by the Director of T&ES."; Condition #32: "32. Proposed sanitary sewer along southern property line is not acceptable. Extend existing sanitary sewer on South Whiting Street to site entrance and extend all sanitary laterals to South Whiting Street to the satisfaction of the Director of T&ES."; Condition #34: "34. The applicant shall be allowed to make minor adjustments if the changes do not result in a loss of parking or landscaping or an increase in impervious area except for architectural embellishments and screening of solid waste containers to the satisfaction of the Director of P&Z."; deleted Condition #42 and replaced it with the same condition as Condition #29 above; and deleted Condition #44.
Council Action:_________________________________________________________

17. SPECIAL USE PERMIT #2002-0101
701 KING ST
CHINA KING RESTAURANT
COMMISSION ACTION: Recommend Approval 6-0

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

18. SPECIAL USE PERMIT #2002-0103
304 CALVERT AV COMMISSION ACTION: Recommend Denial 6-0

City Council upheld the Planning Commission recommendation and denied the special use permit.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

19. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Section 3-2-102 of the City Code to increase the cigarette tax levied by the City from $0.30 to $0.50 per package. (#20 12/10/02) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4283
Council Action:_________________________________________________________

20. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Title 2, Chapter 5, Article D of the City Code to authorize certain amendments to the several employee retirement and disability income plans maintained by the City of Alexandria. (#21 12/10/02) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4284
Council Action:_________________________________________________________

21. Public Hearing, Second Reading and Final Passage of an Ordinance to approve a vacation of a portion of the public right-of-way of Mill Road. (#22 12/10/02) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4285
Council Action:_________________________________________________________

REPORTS OF BOARDS COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (22-23)

Planning Commission (continued)

22. SPECIAL USE PERMIT #2002-0082
815 KING ST
COMMISSION ACTION: Recommend Approval 6-0

In a letter dated December 6, 2002, the Applicant has requested that this item be deferred to the January 25, 2003 Public Hearing Meeting in order to meet further with staff.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (continued)

Planning Commission (continued)

23. SPECIAL USE PERMIT #2002-0066
509 N HENRY ST
COMMISSION ACTION: Deferred (Improper notice)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without objection, City Council noted the deferrals.
Council Action:_________________________________________________________
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New Business Item No. 2. City Council authorized the Mayor to send a letter to the National Capital Planning Commission, the Fine Arts Commission, the Design Review Working Group, and any other bodies involved, in support of the on-bridge noise barrier on the north side of the Woodrow Wilson Bridge which is being considered by these bodies in the next couple of weeks.
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New Business Item No. 3. At 2:18 p.m., City Council convened in executive session at this time, pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, for the purpose of consulting with legal counsel and briefing by staff with respect to probable litigation involving the Department of Human Services, and pursuant to Section 2.2-3711(A)(3) of the Code of Virginia, for the purpose of discussing the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City.

At 2:35 p.m., City Council reconvened the meeting and adopted the resolution pertaining to the executive session. RES. NO. 2056
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The Meeting was adjourned at 2:38 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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Public Notice

THIS MEETING HAS BEEN CANCELED.

There will be a Samuel Madden Task Force Meeting to discuss the Samuel Madden Homes (Downtown) on Tuesday, December 17, 2002, at 5:30 p.m., in the City Council Workroom, City Hall, 301 King Street, Alexandria, VA.
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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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