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Office of the City Clerk
April 20, 2004



Public Hearing Meeting
Saturday, April 17, 2004 - - 9:30 a.m.

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OPENING

1. Calling the Roll.
The meeting was called to order by Mayor Euille and the City Clerk called the roll; all members of Council were present.
Council Action:_________________________________________________________

2. Public Discussion Period.

Mayor Euille asked Bob Custard with the Health Department to speak about the Health Department's action and enforcement of the dogs and restaurants. He said he believed Council would request the City Manager to bring this forward and back to Council for reconsideration. If it has to bring it in line with the Council's commitment for ensuring that restaurant businesses are open to everyone, including dog lovers and their dogs.

Mr. Custard, Director, Environmental Health of the Health Department, made a detailed presentation of the Health Department's enforcement of the City's ordinance, which has been in place since 1940. He noted the public health issues involved in serving dogs at restaurants.

City Attorney Pessoa said he has been looking at some of the issues and said he would do a memo outlining the degree to which the City has discretion in this area, and he pointed out that the City has budgetary authority over the Health Department. He said that the cases come to his office for enforcement if they need to go to court, and at that point, the City has authority as to exactly what discretion they want to exercise and what cases they want to go forward with.

(a) Pat Troy, 310 Wolf Street, said that for 24 years, he has been serving food to dogs at his restaurant, and last year he implemented a menu. He explained the process that has happened with his restaurant serving meals to dogs and the problem with the Health Department and said he received a letter on April 5 from the Health Department saying what could and could not be done. He said it needs to be looked into. He noted the gathering at 11:00 today to get petitions and let Council know that they are serious about the situation.

(b) Lucille Davis, 300 Wythe Street, Apt. 1104, said she had a concern for the mental health department and they need financial help for their staff members. She said she gets good service from mental health.

(c) Richard W. Stepp, 3303 B. Commonwealth Avenue, asked Council to give him serious review on the issues he has with the City on the lack of an adjudication system for the Code Enforcement Bureau notices for salvaged cars. He also noted that the taxicab issue of licenses has been reopened and said he would like to speak to Council on the issue.

(d) Louis Yuhasz, 302 Windsor Avenue, Charleston, South Carolina, spoke about a scholarship program he set up in honor of his father, Louis Yuhasz, a former City employee, who died of complications of a stroke. He said the scholarship is to send eight Alexandria children to summer camp designed for children who have weight problems. He thanked the City employees who have helped in his efforts.

(e) John Smucker, 108 N. Quaker Lane, said Mary Marshall, a Delegate from Arlington to the General Assembly, had a law put into effect in Virginia known as an "Alligator Leash Law." Mr. Smucker said he is a criminal, as he sat in at King Street and Washington Streets last year the day after President Bush entered Iraq and was arrested. He said he and his wife will pay real estate taxes of over $8,000, and they will pay their taxes based on five points: If it continues a caring social services at a high level; if it continues a mix in the City and has special concerns for the Muslims who live in the west end; if it supports housing so that employees of the City can live in the City; he thanked Council for the resolution against war; and he asked to stop the trans-shipment of small arms from the City to kill people in the Suddan and other places in Africa. He asked Council to maintain a high level of services to employees and to the citizenry.

(f) Ethel S. Underwood, 5300 Holmes Run Parkway, chair of the Armed Services and Veteran Affairs Committee of the Alexandria Branch of the NAACP, spoke about the advocacy efforts to establish working relationships with those agencies in government at the national, state and local levels who have responsibilities in the affairs of various members of armed services to ensure that the programs are administered fairly.

(g) Richard Kain, 12 Arell Court, using a powerpoint presentation, spoke about Federal spending and the City's budget, the assessed value of houses, and what happens with the taxes and the programs.

In response to a request from Vice Mayor Pepper, Assistant City Manager Jinks explained where the money was going, the budget and the tax rate, and unfunded mandates.

(h) Sarita Schotta, 104 Prince Street, said data says that heart patients live longer when there are pets in the home, school kids do better in reading programs with pets, there are therapy dogs in nursing homes, children look forward to the pet therapy day in hospitals, and the City should look at the data.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-4)

Planning Commission

3. SPECIAL USE PERMIT #2004-0007
3016 COLVIN STREET
Public Hearing and Consideration of a request for a special use permit to operate an automobile storage/impound lot; zoned CD/Commercial Downtown. Applicant: Abe Sbitan by James C. Pan

COMMISSION ACTION: Recommend Approval 7-0

4. SPECIAL USE PERMIT #2004-0010
1110 KING STREET
Public Hearing and Consideration of request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Michael Shad

COMMISSION ACTION: Recommend Approval 7-0

END OF ACTION CONSENT CALENDAR


City Council removed items 3 and 4 from the Action Consent Calendar and considered them under separate action, as follows:

3. City Council approved the Planning Commission recommendation. (separate motion)

4. City Council approved the Planning Commission recommendation, with the following amendments: 1. Amend condition #12 to state that the applicant will encourage its employees to use mass transit and will post on its site DASH and Metrobus schedules; 2. Amend condition #14 that there be on-going employee training for sales of alcohol to minors; 3. Change the hours making the closing 12:00 midnight at the applicant's discretion, instead of at 10 p.m.; and 4. That carry-out sales of alcohol end 10 p.m. (separate motion)
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

5. Public Hearing on the Draft One-Year Action Plan for Housing and Community Development for FY2005.

Council held the public hearing and noted that final consideration would be May 11, 2004.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

6. SPECIAL USE PERMIT #2003-0112
4949 SEMINARY ROAD
7-ELEVEN CONVENIENCE STORE
Public Hearing and Consideration of a request for a special use permit for continuance of a nonconforming convenience store use; zoned RC/High Density. Applicant: 7-Eleven Inc. by Maynard Sipe, attorney

COMMISSION ACTION: Recommend Approval 6-1

City Council approved the Planning Commission recommendation with an addition to condition #10 that there be on-going employee training for sales of alcohol to minors.
Council Action:_________________________________________________________

7. SPECIAL USE PERMIT #2003-0116
4610 KENMORE AVENUE
7-ELEVEN CONVENIENCE STORE
Public Hearing and Consideration of a request for a special use permit for continuance of a nonconforming convenience store use; zoned CG/Commercial General Zone. Applicant: 7-Eleven Inc. by Maynard Sipe, attorney (Deferred from March docket)

COMMISSION ACTION: Recommend Approval 6-1

City Council approved the Planning Commission recommendation, with the addition to condition #11 that there be on-going employee training for sales of alcohol to minors.
Council Action:_________________________________________________________

8. SPECIAL USE PERMIT #2004-0004
924 QUEEN STREET
Public Hearing and Consideration of a request for a special use permit for a change of ownership and to change a nonconforming office space use to a nonconforming personal service use (beauty salon); zoned RB/Residential. Applicant: Dang Van Dong

COMMISSION ACTION: Recommend Denial 7-0

This item was deferred at the request of the applicant.
Council Action:_________________________________________________________

9. DEVELOPMENT SPECIAL USE PERMIT #2003-0035
4380 KING STREET
PARK CENTER
Public Hearing and Consideration of a request to amend a development special use permit, with site plan, for approval of CO Planned Unit Development ("PUD") at Park Center to construct a multi-family condominium building and affordable units pursuant to Section 7-700 of the Zoning Ordinance; zoned CRMU-H/Commercial Residential Mixed Use-High. Applicant: A&A Limited Partnership, by Duncan W. Blair, attorney (Deferred from March docket)

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation, with the following amendments: 1. The Plan has clear language that the 83,000 square feet of unused development is null and void with the completion of the building; and 2. Prior to final site plan approval, the Director of Planning and Zoning will report back to Council in a public hearing on the parking issue and what the transportation management plan will be.
Council Action:_________________________________________________________

10. DEVELOPMENT SPECIAL USE PERMIT #2003-0006
600 RUSSELL ROAD
MAURY ELEMENTARY SCHOOL
Public Hearing and Consideration of a request for a development special use permit, with site plan, to allow for the expansion and renovation of Maury Elementary School; R-5/Residential. Applicant: Alexandria City Public Schools, by Johann Dobak

COMMISSION ACTION: Recommend Approval 7-0

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

11. SPECIAL USE PERMIT #2004-0011
800-840 NORTH HENRY STREET
ON SITE SOURCING
Public Hearing and Consideration of a review of special use permit; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: Department of Planning and Zoning

COMMISSION ACTION: Recommend Approval 7-0

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

(City Council took the following item out of turn.)
14. Public Hearing on an Ordinance to Establish the Real Estate and Personal Property Tax Rates for Calendar Year 2004, Including the Effective Rate Increase as Required by Virginia Code Section 58.1-3321. (#18, 4/13/04)

City Council closed the public hearing and noted that action would be taken on May 3, 2004.
Council Action:_________________________________________________________

12. SPECIAL USE PERMIT #2003-0111
815 1/2 KING STREET
OLD TOWN THEATER
Public Hearing and Consideration of a request for a special use permit amendment to allow an intensification of theater uses, and for the reduction of required parking; zoned CD/Commercial Downtown Zone. Applicant: Old Town Theater, Inc. by Duncan W. Blair, Esq., attorney

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation, with an amendment to the conditions that there be on-going employee training for sales of alcohol to minors and to encourage employee use of mass transit, and with the condition as noted in the additional language provided by staff for condition #14.
Council Action:_________________________________________________________

13. REZONING #2002-0004
11-21 NORTH QUAKER LANE
QUAKER VIEW
Public Hearing and Consideration of a request to rezone the property to amend a proffer prohibiting residential use; zoned CL/Commercial Low. Applicant: Jade Development Company, by Duncan Blair, Esq., attorney

COMMISSION ACTION: Recommend Approval 7-0

City Council denied the Planning Commission recommendation to allow the rezoning.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

15. Public Hearing on an Ordinance to Increase the Sewer Line Maintenance Charge Imposed by Section 5-6-26 of the City Code. (#19, 4/13/04)

City Council closed the public hearing and noted that action would be taken on May 3, 2004.
Council Action:_________________________________________________________

16. Public Hearing, Second Reading and Final Passage of an Ordinance to Revise the Membership of the Environmental Policy Commission. (#20, 4/13/04) [ROLL-CALL VOTE]

This item was deferred to the next legislative meeting.
Council Action:_________________________________________________________

17. Public Hearing, Second Reading and Final Passage of an Ordinance to Extend the Franchise Authorization for Washington Gas Facilities to be Installed and Maintained in the Public Rights-of-Way, and to Authorize the Installation and Maintenance of a New Facility to Serve the WMATA Bus Depot at 3501 South Glebe Road, in Arlington. (#21, 4/13/04) [ROLL-CALL VOTE]
THIS PUBLIC HEARING WAS DEFERRED
Council Action:_________________________________________________________

18. Public Hearing, Second Reading and Final Passage of an Ordinance to Approve an Encroachment For Outdoor Restaurant Seating at 103 North Alfred Street. (#22, 4/13/04)[ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4345
Council Action:_________________________________________________________

19. Public Hearing, Second Reading and Final Passage of an Ordinance to Approve an Encroachment For a Utility Vault Under the Sidewalk at 124 South West Street. (#23, 4/13/04) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4343
Council Action:_________________________________________________________

20. Public Hearing, Second Reading and Final Passage of an Ordinance to Approve an Encroachment For Outdoor Restaurant Seating at 6 King Street. (#32, 4/13/04) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4344
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (21-24)

Planning Commission (continued)

21. TEXT AMENDMENT #2004-0003
SPECIAL USE PERMIT REGULATIONS
Public Hearing and Consideration of a text amendment to Section 11-207(C)(5) and 11-503 (A) of the Zoning Ordinance to increase the fines for repeat special use permit violators and to change the special use permit ownership requirements. Applicant: Department of Planning and Zoning

COMMISSION ACTION: Deferred

22. SPECIAL USE PERMIT #2003-0028
1950 DUKE STREET
CARLYLE DEVELOPMENT
Public Hearing and Consideration of a request for an amendment to the current special use permit conditions to revise the definition of retail; zoned CDD-1/Coordinated Development District. Applicant: Carlyle Development Corporation & LCOR Ballenger Ave., LLC by Jonathan P. Rak, attorney

COMMISSION ACTION: Deferred

23. SPECIAL USE PERMIT #2004-0009
1301 NORTH QUAKER LANE (Parcel Address: 3425 King Street)
COMMISSION ACTION: Deferred

24. ENCROACHMENT #2003-0010
2201 JEFFERSON DAVIS HWY
POTOMAC YARDS - LANDBAY A
Public Hearing and Consideration of a request for an encroachment of residential lots with fencing, columns or a wall into the public right-of-way; zoned CDD-10/Coordinated Development District. Applicant: Potomac Greens Associates LLC., by Jonathan Rak, attorney

COMMISSION ACTION: Deferred

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without objection, City Council deferred the items.
Council Action:_________________________________________________________

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The meeting adjourned at 4:42 p.m.


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.





This docket is subject to change.

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