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Special Public Hearing Meeting
Saturday, October 25, 1997 - - 10:00 a.m.
(In Lieu of the Regular Public Hearing Meeting
of Saturday, October 18, 1997)


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Present: Mayor Kerry J. Donley, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.

Absent: Vice Mayor William D. Euille.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Ms. Chis, Director of Social Services; Mr. Neckel, Director of Finance; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Fire Chief Hawkins; Ms. Steele, Deputy City Manager; Ms. O'Regan, Director of Human Services; Mr. Powers, Director of Community Services; Mr. Smith, and Ms. Johnson, Members of the Planning and Zoning Staff; Ms. Boyd, Director of Citizen Assistance; and Lieutenant Hazel, Police Department.

Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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The Mayor and Members of City Council participated in the Annual Breast Cancer Awareness Walk which was held at Cameron Run Regional Park at 9:00 a.m.
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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 except Vice Mayor Euille.

(It was noted that a Notice of this Special Meeting had been previously served upon each Member of Council, pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the City Clerk and Clerk of Council.)







2. Public Discussion Period.

(a) John H. Sullivan, 4300 Ivanhoe Place, representing NO GRIDLOCK!, spoke to the proposed changes requested in the CDD for the Potomac Yard and Potomac Greens by Lazard Frere. He invited the Members of Council to a Town Meeting at the Mount Vernon Elementary School on October 27, at 7:30 p.m. to be held by concerned citizens from a number of civic associations surrounding the property to discuss the proposed changes.

(A copy of Mr. Sullivan's statement dated October 25, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(a); 10/25/97, and is incorporated herewith as part of this record by reference.)

Mayor Donley requested the City Attorney to provide Council some type of guidance relative to Mr. Sullivan's statement.

(b) John Chapman Gager spoke.

(c) Regina Oliver, 406 East Nelson Avenue, representing the Del Ray Citizens Association, informed Council and the citizens about the Town Meeting being held at the Mount Vernon Elementary School on October 27, at 7:30 p.m. regarding the proposed development at Potomac Yard and Potomac Greens.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-12)

Planning Commission WITHOUT OBJECTION, City Council removed Docket Item No. 7 from the Consent Calendar.

3. SPECIAL USE PERMIT #97-0105 -- 1000 NORTH HENRY STREET -- McDONALD’S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction and operation of a restaurant, with a drive-through facility; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: McDonald’s Corporation, by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 10/25/97, and is incorporated herewith as part of this record by reference.)

4. SPECIAL USE PERMIT #97-0106 -- 5311 DUKE STREET -- McDONALD’S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction and operation of a restaurant, with a drive-through facility; zoned CG/Commercial General. Applicant: McDonald’s Corporation, by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/25/97, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #97-0107 -- 5400-5432 EISENHOWER AVENUE -- Public Hearing and Consideration of a request for a special use permit to allow a variety of uses and request for reduction of off-street parking; zoned OCH/Office Commercial High. Applicant: Phillips Industrial Associates, by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/25/97, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #97-0115 -- 1464 NORTH BEAUREGARD STREET, #B -- HAMLET SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-4/Coordinated Development District, Winkler Tract. Applicant: Starbucks Coffee Company, by Herbert A. Heiserman, architect.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/25/97, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #97-0127 -- 625 FIRST STREET -- HOLIDAY INN -- Public Hearing and Consideration of a request for a special use permit to continue the operation of a hotel, but to divide the operations between two separate special use permits; zoned CD/Commercial Downtown. Applicant: First Street Limited Partnership, by Charles Henry Smith.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/25/97, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #97-0129 -- 110 SOUTH FLOYD STREET -- LINDSAY CADILLAC -- Public Hearing and Consideration of a review of a special use permit for an automobile repair and storage facility; zoned I/Industrial. Applicant: Lindsay Cadillac Company, by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 10/25/97, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #97-0100 -- 516 SOUTH VAN DORN STREET, UNITS #A & #B -- VAN DORN STATION SHOPPING CENTER -- SANTA ROSA SEAFOOD -- Public Hearing and Consideration of a request for a special use permit to expand a restaurant, add seating, change the hours of operation, and add a bar; zoned CG/Commercial General. Applicant: Andy J. Chicas.
(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/25/97, and is incorporated herewith as part of this record by reference.)

11. SPECIAL USE PERMIT #97-0135 -- 312 CALVERT AVENUE -- CALVERT STORAGE -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a storage warehouse and office facility with a modification to the zone transition setback requirement; zoned I/Industrial. Applicant: Harry Braswell, Inc, by R. J. Keller, R. C. Fields Jr., Engineers.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/25/97, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #97-0137 -- 2201 EISENHOWER AVENUE & MILL ROAD -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for a special use permit for a modular office structure for business offices for marketing the proposed development of the site; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Old Town Development Company, LLC , by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/25/97, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the Consent Calendar as presented with the exception of Docket Item No. 7, which was considered under separate motion. The Planning Commission recommendations are as follows:

3. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

6. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.


8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations including the amended Condition #22.

10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

11. City Council approved the recommendation of the Planning Commission and approved the proposal, subject to compliance with all applicable codes, ordinances and staff recommendations, and the added Condition #7.

12. City Council approved the recommendation of the Planning Commission and approved the proposal, subject to compliance with all applicable codes, ordinances and staff recommendations.

END OF CONSENT CALENDAR

The voting was as follows:

Pepper "aye" Euille absent
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

7. SPECIAL USE PERMIT #97-0125 -- 3804 EXECUTIVE AVENUE -- PRESIDENTIAL GREENS APARTMENTS -- Public Hearing and Consideration of a request for a special use permit to expand a community center (health care facility); zoned RA/Residential. Applicant: Alexandria Health Department, by Dr. Joshua Lipsman, Director.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 10/25/97, and is incorporated herewith as part of this record by reference.

A copy of a fax, signed by neighbors, dated October 22, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 10/25/97, and is incorporated herewith as part of this record by reference.

A copy of Dr. Lipsman's letter dated October 23, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 7; 10/25/97, and is incorporated herewith as part of this record by reference.)

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

Lewis F. Larsen, 3815 Elbert Avenue, member of Sunnyside Neighborhood Association, spoke against this item and expressed concerns about parking;

Elsie V. Thomas, 3843 Elbert Avenue, spoke against and expressed concerns about parking; and

Donna Clausen, 3525 Trinity Drive, representing Arlandria Health Department, spoke in support.

Members of City Council directed questions to Susan Abramson, Executive Director, ANHSI.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Pepper "aye" Euille absent
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

13. Public Hearing on the Ad Hoc Task Force on City Contributions to Non-Profit Human Services Agencies' FY 1999 Priorities for the Community Partnership Fund. (#19 10/14/97) (Vice Mayor Euille and Council Member Rich)

(A copy of the City Manager's memorandum dated September 24, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/25/97, and is incorporated herewith as part of this record by reference.)

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

John F. Hughes, 500 Wolfe Street, representing the Campagna Center;

Elsie Mosqueda, 900 Pendleton Street, representing HO HO HO;

Susan Lee Dawson, 1214 Key Drive, representing Senior Citizens Employment and Services of Alexandria, Inc.;

Valeria S. Henderson, 99 South Jordan Street, representing Hopkins House;

Ronee McLaughlin, 33 Arell Court, representing Northern Virginia Hotline; a copy of Ms. McLaughlin's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item;

Molly Whalen, 2210 Mount Vernon Avenue, president, Alexandria Volunteer Bureau Board;

Kim Anderson, 3403 Davis Avenue, citizen member, Human Services Task Force; and




Doris Ray, 2111 Wilson Boulevard, Arlington, VA, representing Enderpendence Center of Northern Virginia; a copy of Ms. Ray's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item.

Members of City Council and the City Manager participated in a dialogue on this item.

City Council closed the public hearing.

Councilwoman Pepper noted for the record that her affirmative vote on the priorities should be kept separate from her disapproval of the process.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously by all those present, City Council adopted the priorities described in the City Manager's memorandum, and as reported from the Task Force, and scheduled a public hearing in June 1998 on the process of Human Service Contributions. The voting was as follows:

Rich "aye" Euille absent
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

14. TEXT AMENDMENT #97-09 -- NONCONFORMING USES -- Public Hearing and Consideration of an amendment to Section 12-200 (Nonconforming uses) of the Zoning Ordinance to add new provisions (1) requiring that all nonconforming uses abate within seven years unless a special use permit is approved before that time, (2) providing new rules for the repair of structures housing nonconforming uses, and (3) changing the status of certain uses from nonconforming to noncomplying. (#24 9/13/97)

COMMISSION ACTION: RECOMMEND APPROVAL IN PART 7-0
RECOMMEND DISAPPROVAL IN PART 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/25/97, and is incorporated herewith as part of this record by reference.)

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

Mantill Williams, 1420 West Abingdon Drive, #310, representing the Alexandria Chamber of Commerce;

Marilyn Doherty, 12 West Mount Ida Avenue, spoke in support of Planning Commission recommendation;

George Carrera, 5300 Shawnee Road, representing Southland Corporation; a copy of Mr. Carrera's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 10/25/97, and is incorporated herewith as part of this record by reference; and
Harry P. Hart, 307 North Washington Street, attorney representing The Old Dominion Boat Club, spoke in support of C, D, and E.

City Council closed the public hearing on this item.

WITHOUT OBJECTION, City Council will take action at its Legislative Meeting on Tuesday, October 28. Before the City Council acts, the City Attorney will give Council guidance on what the requirements will be depending on what is before the Council at that time.

15. SPECIAL USE PERMIT #97-0089 -- 1525 KENWOOD AVENUE; 1602-1604 OSAGE STREET -- Public Hearing and Consideration of a request for a special use permit to operate an automobile rental business; zoned CSL/Commercial Service Low and OC/Office Commercial. Applicant: Enterprise Rent-A-Car, by Theron Bell. (#20 9/13/97)

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/25/97, and is incorporated herewith as part of this record by reference.

A copy of a fax from the North Ridge Citizens' Association dated October 23, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 10/25/97, and is incorporated herewith as part of this record by reference.)

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

Suzanne Ambler, 305 Fontaine Street, representing the North Ridge Citizens' Association, spoke in support with conditions.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added condition #8 to read as follows: "8. There will be a one-year review by the City Council of this particular application." The voting was as follows:

Pepper "aye" Euille absent
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck out of room

WITHOUT OBJECTION, City Council considered Docket Item Nos. 16, 17, 18, and 19 together, and under one motion.

16. COORDINATED DEVELOPMENT DISTRICT (CDD) CONCEPT PLAN -- 370 HOLLAND LANE -- SHURGARD STORAGE -- Public Hearing and Consideration of a request for approval of a Coordinated Development District (CDD) Development Concept Plan for the Shurgard Storage facility site. Applicant: Shurgard Storage Centers, Inc., by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/25/97, and is incorporated herewith as part of this record by reference.)

17. SPECIAL USE PERMIT #97-0121 -- 370 HOLLAND LANE -- SHURGARD STORAGE -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a storage facility with office and retail space; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Shurgard Storage Centers, Inc., by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/25/97, and is incorporated herewith as part of this record by reference.

A copy of an architectural rendering left for the record is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 10/25/97, and is incorporated herewith as part of this record by reference.)

18. SPECIAL USE PERMIT #97-0124 -- 300 HOLLAND LANE -- SHURGARD STORAGE/CARLYLE SITE -- Public Hearing and Consideration of a request for an amendment to a special use permit for the Carlyle site to remove a portion of a lot from the boundaries of the Carlyle special use permit; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Shurgard Storage Centers Inc., by Harry P. Hart, attorney, and Carlyle Development Corporation, by Robert C. Harvey.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/25/97, and is incorporated herewith as part of this record by reference.)

19. VACATION #97-0004 -- 370 HOLLAND LANE -- SHURGARD STORAGE -- Public Hearing and Consideration of a request for a vacation of a portion of the public right-of-way; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Shurgard Storage Centers, Inc., by Cyril D. Calley, attorney, and appointment of viewers for same.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/25/97, and is incorporated herewith as part of this record by reference.)

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

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke in Mr. Calley's behalf in support of this application; and

Bernard M. Fagelson, 1412 Key Drive, representing Burke and Herbert Bank and Duke Street Associates, stated that the concern that his client(s) had have been ameliorated and they will not oppose the application.

Members of City Council, Transportation and Environmental Services Director O'Kane, and Planning Division Chief Johnson participated in a discussion on these items.

Councilman Cleveland asked questions of Transportation and Environmental Services Director O'Kane regarding visitors to the Black Heritage Park, and where would they park. Mr. O'Kane responded to his concerns.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council approved Item Nos. 16, 17, 18, and 19 as follows:

16. City Council overturned the decision of the Planning Commission, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

17. City Council overturned the decision of the Planning Commission, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended the following conditions to read: "#5. Signs shall comply with the Carlyle Coordinated Sign Program. Delete the proposed freestanding sign on Holland Lane. Signage shall be approved by the Director of Planning and Zoning." "#7. Provide a prominently striped 22' wide emergency vehicle easement to the satisfaction of Code Enforcement and Planning and Zoning." "#21. The perimeter fence around the site shall be of wrought iron, with minimum of climbable horizontal bars and shall be black or dark green in color."

18. City Council overturned the decision of the Planning Commission, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

19. City Council overturned the decision of the Planning Commission, and approved the request, subject to all applicable codes, ordinances and staff recommendations, and authorized the Mayor to appoint Viewers. The Mayor subsequently appointed Donald Allen, chair, and Ruby Fitzgerald and Paul Smedberg as Viewers. The voting was as follows:

Pepper "aye" Euille absent
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

Whereupon, at 12:10 p.m., City Council recessed for lunch.

Thereupon, at 1:25 p.m., City Council reconvened the meeting and the following transpired:

WITHOUT OBJECTION, City Council considered Docket Item Nos. 20, 21 and 22 together, and under one motion.






20. ENCROACHMENT #97-0009 -- 1757 KING STREET -- METROPLACE -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for a stormwater management facility; zoned OCH/Office Commercial High. Applicant: Fairfield Communities, Inc., by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/25/97, and is incorporated herewith as part of this record by reference.)

21. SPECIAL USE PERMIT #97-0104 -- 1737-1767 KING STREET --METROPLACE -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a residential timeshare building; zoned OCH/Office Commercial High. Applicant: Fairfield Communities, Inc, by Jonathan P. Rak, attorney, and King Street Metro, LP, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/25/97, and is incorporated herewith as part of this record by reference.)

22. SPECIAL USE PERMIT #97-0132 -- 1757 KING STREET -- METROPLACE - TMP -- Public Hearing and Consideration of a request for amendment to a special use permit for a transportation management plan (TMP); zoned OCH/Office Commercial High. Applicant: Fairfield Communities, Inc, by Jonathan P. Rak, attorney, and King Street Metro, LP, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 10/25/97, and is incorporated herewith as part of this record by reference.)

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

Jonathan Rak, 11320 Random Hills Road, #600, Fairfax, VA, attorney representing Fairfield Communities, Inc., spoke in support; and

Harry P. Hart, 307 North Washington Street, attorney representing King Street Metro L.P., spoke in support.

Council Member Walker urged the developer to continue to work with the King Street Task Force on the pedestrian traffic flow in this immediate area.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council acted upon Docket Item Nos. 20, 21, and 22 as follows:

20. City Council upheld the decision of the Planning Commission and denied the proposal.


21. City Council approved the recommendation of the Planning Commission and approved the proposal, subject to all applicable codes, ordinances and staff recommendations.

22. City Council approved the recommendation of the Planning Commission and approved the proposal, subject to all applicable codes, ordinances and staff recommendations. The voting was as follows:

Rich "aye" Euille absent
Pepper "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"

23. SPECIAL USE PERMIT #97-0123 -- 5701-A EISENHOWER AVENUE -- SUMMER’S GROVE -- Public Hearing and Consideration of a request for amendment to a special use permit, with site plan, to add electronic entry gates to a residential community; zoned OCH/Office Commercial High. Applicant: Summer’s Grove Associates, LLC, by John E. Cowles.

(A copy of the Planning Commission report dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 10/25/97, and is incorporated herewith as part of this record by reference.

A copy of a fax, from Mr. Davis, dated October 22, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 10/25/97, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the withdrawal of this item.

Board of Architectural Review

24. CASE BAR-97-105 -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on August 20, 1997, granting a request for approval of a new townhouse to be constructed at 708 South Lee Street, zoned RM Residential. APPLICANT: Robert J. Caviness. APPELLANT: Jan M. Chaiken, on behalf of petitioners.

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 10/25/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated August 27, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 10/25/97, and is incorporated herewith as part of this record by reference.)

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

Jan Chaiken, 705 Potomac Street, representing the petitioners, spoke in support of the appeal;

Duncan W. Blair, P.O. Box 820, attorney representing the property owner, spoke against the appeal;

Richard Banchoff, 703 South Lee Street, spoke in support of the appeal; and

Peter Smeallie, 600 Woodland Terrace, representing the Board of Architectural Review, spoke against the appeal.

Members of City Council directed questions to Mr. Chaiken, Planning and Zoning Director Lynn, and Mr. Smeallie.

WHEREUPON, upon motion by Council Member Walker, seconded by Council Member Rich and carried on a vote of 5-to-1, City Council denied the appeal and upheld the decision of the Board of Architectural Review and approved the remaining east (rear) facade. The voting was as follows:

Walker "aye" Euille absent
Rich "aye" Cleveland "aye"
Donley "aye" Pepper "no"
Speck "aye"

25. CASE BAR-97-0176 -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on September 3, 1997, granting, as amended, a request for approval of canopy at the entrance of 722 King Street, zoned CD Commercial. APPLICANT AND APPELLANT: Lucio Bergamin.

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 10/25/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated September 15, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 10/25/97, and is incorporated herewith as part of this record by reference.)

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

Jane Bergamin, representing the applicant, spoke in support of the appeal; and

Peter Smeallie, 600 Woodland Terrace, representing the Board of Architectural Review, explained that he had met with the Bergamins at their restaurant, and indicated after the meeting that he was satisfied with what they had proposed with respect to the size of the lettering, and suggested that it be remanded back to the Board of Architectural Review, if necessary.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council overturned the decision of the Board of Architectural Review, approved the appeal and approved the awning with the word "Restaurant". The voting was as follows:

Pepper "aye" Euille absent
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"




ORDINANCES AND RESOLUTIONS

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to establish the Alexandria Commission on Information Technology, as a consolidation of the Alexandria Cable Television Advisory Commission and the Alexandria Ad-Hoc Task Force on Information and Communications Technologies. (#22 10/14/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated September 24, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 10/25/97, 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.

Mayor Donley noted that Councilwoman Pepper and Council Member Walker will be the Council representatives on this Commission.

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

Pepper "aye" Euille absent
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck

The ordinance finally passed reads as follows:
ORDINANCE NO. 3953

AN ORDINANCE to add a new Article N (ALEXANDRIA COMMISSION ON INFORMATION TECHNOLOGY) to Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), Title 2 (GENERAL GOVERNMENT), and to amend and reordain subsections (i) and (m) of Section 9-3-282 (RESPONSIBILITIES OF ADMINISTRATOR), of Article O (ADMINISTRATOR), and to repeal Article P (ALEXANDRIA CABLE TELEVISION ADVISORY COMMISSION), of Chapter 3 (CABLE TELEVISION REGULATION), Title 9 (LICENSING AND REGULATION), all of The Code of the City of Alexandria, 1981, as amended.

WHEREAS, on June 18, 1994, city council approved Ordinance No. 3727 which, in part, established the Alexandria Cable Television Advisory Commission; and

WHEREAS, on October 11, 1994, city council adopted Resolution No. 1709 which established the Alexandria Ad-Hoc Task Force on Information and Communication Technologies; and




WHEREAS, in February 1996, the United States Congress enacted the Telecommunications Act of 1996, enabling the entry of telephone companies into video services and the entry of cable television operators into telecommunications services; and

WHEREAS, in March 1997, city council proclaimed Technology Week in the city and recognized the finalists and the recipient of the city's first Technology Achievement Award for the development of new information and telecommunications technology or the innovative use of existing information and telecommunications technology; and

WHEREAS, in adopting the FY 1998-FY 2003 Capital Improvement Program on May 1, 1997, city council approved the city's first comprehensive Information Technology Plan, encompassing public access development, network infrastructure, e-mail and workflow messaging, financial systems, geographical information systems, public safety systems, and other systems development; and

WHEREAS, city council has determined that the public interest would be served by the establishment of an advisory body to assist council in considering the developments in information and telecommunications technology; and

WHEREAS, the Alexandria Cable Television Advisory Commission and the Alexandria Ad-Hoc Task Force on Information and Communication Technologies have approved the creation of such a new body to advise city council on cable, Internet, telephone and other electronic technologies affecting the citizens of Alexandria; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article P of Chapter 3, Title 9 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, repealed.

Section 2. That Resolution No. 1709, adopted October 11, 1994, be, and the same hereby is, repealed.

Section 3. That Chapter 4 of Title 2 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended by adding a new Article N, to read as follows:
Article N

ALEXANDRIA COMMISSION ON INFORMATION TECHNOLOGY

Section 2-4-112 Creation, composition and organization.

(a) There is hereby established a commission known as the Alexandria Commission on Information Technology ("commission").

(b) The commission shall consist of 15 members to be appointed by the city council. The composition of the commission shall be as follows:

(1) two members from the city council;

(2) one member representing the Alexandria City School Board;

(3) one member from and representing the Alexandria Chamber of Commerce;

(4) one member representing the Alexandria City Library Board;

(5) one member representing the holder of the city's cable television franchise;

(6) one member representing a provider of local telephone communication services in the city;

(7) one member from and representing the budget and fiscal affairs advisory committee;

(8) one member representing an institution of higher education located in Northern Virginia; and

(9) six citizens-at-large.

(c) Members of the commission shall be appointed in the manner prescribed in article A of this title; provided, that a member who, under subsection (b), is representing an organization shall be nominated by the organization and appointed by city council.

(d) Members shall serve for a term of three years.

(e) All members of the commission shall, by virtue of their education, experience, interests, or employment, have a competence in one or more of the following areas:

(1) cable television;

(2) computer and networking technologies;

(3) communication technologies;

(4) application of computer technologies in an education environment;

(5) budget and fiscal analysis; or

(6) public access policies.

Sec. 2-4-113 Functions.

(a) The functions of the commission shall be as follows:

(1) to review annually the city manager's proposed information technology plan;

(2) to make recommendations to and advise the city government in the formulation and implementation of information and telecommunications policy, and to promote citizen participation in the formulation of such policy;

(3) to identify new information and telecommunications technologies, to evaluate their potential for enhancing the delivery of services by the city, and to identify the resources and legislative changes required to implement these technologies;

(4) to advise the city council concerning the use of funds for cable television access and local origination programming, concerning the construction and maintenance of facilities for the production of such programming, concerning the education of the public in the use of such facilities when they become available, and concerning other matters relating to cable television;

(5) to make an annual report to the city council which shall include a review and evaluation of the activities of the commission, including any comments or recommendations relative to its functions that it may choose to make; and

(6) to perform such other duties or functions as assigned by city council.

(b) The commission shall hold at least four regular meetings each year, and as many special meetings as the commission may deem advisable.

(c) The commission is empowered to adopt rules and regulations in regard to procedure so long as the 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.

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

(e) The department of financial and information technology services and the office of citizen assistance shall provide administrative and logistical support to the commission and its chair.

Section 4. That subsections (i) and (m) of Section 9-3-282 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby are, amended and reordained to read as follows:

(i) to promote, develop, and coordinate the use of public access channels in connection with the Alexandria Commission on Information Technology;
* * *

(m) to provide staff assistance and information to the Alexandria Commission on Information Technology; and

Section 5. The determination of which of the initial members of the Alexandria Commission on Information Technology established by this ordinance shall serve the terms described below in this section shall be by lot, under the supervision of the executive secretary appointed pursuant to section 2-4-9 of The Code of the City of Alexandria, 1981, as amended. Five of the initial members shall serve one-year terms, five shall serve two-year terms and five shall serve three-year terms.

Section 6. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 10/14/97
First Reading: 10/14/97
Publication: 10/16/97
Public Hearing: 10/25/97
Second Reading: 10/25/97
Final Passage: 10/25/97
* * * * *

27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of the city code that address the Northern Virginia Local Motor Vehicle License Compact and the City's participation in the Compact, by adding the Town of Herndon as a party to the Compact. (#23 10/14/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated September 24, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 10/25/97, 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 Council Member Rich, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Rich "aye" Euille absent
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3954

AN ORDINANCE to amend and reordain Section 3-2-334 (PRORATION OF LICENSE TAX) and Section 3-2-336 (OFFENSES RELATING TO LICENSE PLATE, WINDSHIELD TAG AND DECAL), of Article R (LICENSE TAX ON MOTOR VEHICLES, TRAILERS AND SEMITRAILERS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT), and to amend and reordain Section 10-4-37.1 (ENFORCEMENT OF THE NORTHERN VIRGINIA LOCAL MOTOR VEHICLE LICENSE COMPACT) of Chapter 4 (STOPPING, STANDING AND PARKING), Title 10 (MOTOR VEHICLES AND TRAFFIC), all of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-334 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. 3-2-334 Proration of license tax.

(a) Three-quarters of the annual license tax prescribed by sections 3-2-327 through 3-2-331 of this article shall be collected whenever any license plate, license windshield tag or decal is issued between January 1 and March 31 of a license period, one-half of such license tax shall be collected whenever any license plate, license windshield tag or decal is issued between April 1 and June 30 in any license period, and one-fourth of such license tax shall be collected whenever any license plate, license windshield tag or decal is issued after July 1 of a license period; provided, that the minimum prorated tax shall be $1.

(b) Notwithstanding the provisions of subsection (a), if a license tax has been paid for a license period to the county of Arlington, Fairfax or Loudoun, the city of Fairfax or Falls Church, or the town of Herndon, jurisdictions which are participating in the Northern Virginia Local Motor Vehicle License Compact, and the vehicle relocates to the city during the period, the owner may obtain a city decal for the current license period by completing the forms prescribed by the director of finance and presenting the state vehicle registration and pieces of the previously issued license decal, accompanied by a fee of $5.

Section 2. That Section 3-2-336 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. 3-2-336 Offenses relating to license plate, windshield tag and decal.

(a) No person shall:

(1) operate or permit a motor vehicle, trailer or semitrailer, controlled by him and subject to this article, to be operated or parked at any location in the city without first procuring and displaying the required city license plate, license windshield tag or decal or, if applicable, the license plate, license windshield tag or decal required by the county of Fairfax, Arlington or Loudoun, the city of Fairfax or Falls Church, or the town of Herndon, pursuant to the Northern Virginia Local Motor Vehicle License Compact and section 10-4-37.1 of this code;

(2) display, cause or permit to be displayed, or have in his possession, any license receipt or city license plate, license windshield tag or decal, knowing the same to be fictitious or to have been altered;

(3) lend or knowingly permit the use, by one not entitled thereto, of any city license plate, license windshield tag or decal;

(4) use a false or fictitious name or address on any application for a city license plate, license windshield tag or decal, or knowingly make a false statement of a material fact, conceal a material fact or otherwise commit a fraud in any such application;


(5) use any city license plate, license windshield tag or decal issued under this article on any vehicle other than the vehicle for which such license plate, license windshield tag or decal was issued or to which such license plate, license windshield tag or decal was transferred by the director of finance;

(6) fail to carry the license receipt for the vehicle which he operates; or

(7) display any city license plate, license windshield tag or decal after the expiration date of such license plate, license windshield tag or decal.

(b) Upon conviction of a violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5) or (a)(7) of this section, a person shall be punished by a fine not exceeding $35; provided, that a violation of subsection (a)(1), (a)(2), (a)(5) or (a)(7), or of sections 10-4-37 and 10-4-37.1 of this code, shall not be discharged unless payment of the requisite fine is accompanied by satisfactory evidence that the required city license plate, windshield tag or decal has been obtained. Upon conviction of a violation of subsection (a)(6), a person shall be punished by a fine of not less than $1 and not more than $10; provided, that if a person charged with such a violation presents to the department of finance or to the court to which the person has been summoned a proper license receipt, the person shall be deemed to have complied with subsection (a)(6).

(c) Subsection (a) of this section may be enforced through the issuance of citations, summonses, parking tickets or uniform traffic summonses.

Section 3. That Section 10-4-37.1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 10-4-37.1 Enforcement of the Northern Virginia Local Motor Vehicle License Compact.

Pursuant to section 46.2-752(K) of the Code of Virginia (1950), as amended, and the Northern Virginia Local Motor Vehicle License Compact entered into by the city and the counties of Fairfax, Arlington and Loudoun, the cities of Fairfax and Falls Church, and the town of Herndon ("Participating Jurisdictions"):

(a) It shall be unlawful for any person required by any Participating Jurisdiction to procure and display a local motor vehicle license to operate or park the unlicensed motor vehicle at any location in the city, without having procured the required license and displayed it upon the vehicle.

(b) Any vehicle exempt in all of the Participating Jurisdictions from imposition of the license tax under section 46.2-755(A) of the Code of Virginia (1950), as amended, is exempt from the provisions of this section.

(c) A violation of this subsection shall not be discharged unless payment of the requisite fine is accompanied by satisfactory evidence that the required license has been obtained.






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

KERRY J. DONLEY
Mayor


Introduction: 10/14/97
First Reading: 10/14/97
Publication: 10/16/97
Public Hearing: 10/25/97
Second Reading: 10/25/97
Final Passage: 10/25/97
* * * * *

28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Sections 9-202(B) and 9-104(E) of the Zoning Ordinance, which regulate signs, to allow valet parking signs in public rights-of-way as part of the special use permit required for valet parking. (#24 10/14/97) [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 Council Member Rich, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Rich "aye" Euille absent
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Speck "aye"

The ordinance reads as follows:
ORDINANCE NO. 3955

AN ORDINANCE to amend and reordain Section 9-104 (PROHIBITED SIGNS, MARQUEES AND AWNINGS AND EXCEPTIONS) under Section 9-100 (GENERAL PROVISIONS), and to amend SECTION 9-202 (COMMERCIAL ZONES), under Section 9-200 (SIGNS, MARQUEES AND AWNINGS PERMITTED IN VARIOUS ZONES), by adding thereto a new paragraph (B)(8) (VALET PARKING), all of Article IX (SIGNS, MARQUEES AND AWNINGS) of the City of Alexandria Zoning Ordinance (TA NO. 97-08).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (E) of Section 9-104 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(E) Signs, marquees and awnings encroaching upon a public right-of-way. No sign, marquee or awning, or any part thereof, or any part of the foundation or support thereof, may be erected or displayed on, over or across any street, road, highway, alley, sidewalk or other public right-of-way, unless an ordinance authorizing such encroachment has been enacted by city council; provided, however, that any banners authorized pursuant to section 9-104(F), political signs authorized by section 9-201(A)(10), signs, marquees and awnings specifically authorized by city council in a commercial zone authorized by section 9-202(B)(4) and 9-202(B)(8) and curb signs shall not be subject to his Section 9-104(E).

Section 2. That subsection B of Section 9-202 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new paragraph 8 to read as follows:

(8) Valet parking. Temporary freestanding valet parking signs shall be permitted in conjunction with and subject to the limitations of an approved special use permit that includes a valet parking management plan.

Section 3. That Section 9-104 and Section 9-202 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. 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 submission 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: 10/14/97
First Reading: 10/14/97
Publication: 10/16/97
Public Hearing: 10/25/97
Second Reading: 10/25/97
Final Passage: 10/25/97
* * * * *

29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Old Town Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation and zoning designation of the property at 323 North Washington Street, from RM/Residential to CD/Commercial Downtown. (#25 10/14/97) [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 Council Member Walker, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Walker "aye" Euille absent
Cleveland "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3956

AN ORDINANCE to amend and reordain the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such small area plan chapter as Master Plan Amendment No. 97-003 and no other amendments, and to repeal all provisions of the said small area plan chapter as may be inconsistent with such amendment.

WHEREAS, the Council of the City of Alexandria finds and determines that:

1. In Master Plan Amendment No. 97-003, an application has been made to amend the Old Town Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the property at 323 North Washington Street from RM/Residential Medium to CD/Commercial Downtown.

2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.

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 the Land Use Plan Map, Map 25, and the Zoning Map, Map 32, of the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby are, amended to change the land use and zoning designations of the property at 323 North Washington Street (Zoning Map and Tax Map Parcel No. 64.04-02-21), from RM/Residential Medium to CD/Commercial Downtown.

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the said master plan map amendments as part of the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 3. That the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, as amended by this ordinance, be, and the same hereby is, reordained as part of the 1992 Master Plan of the City of Alexandria, Virginia.


Section 4. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.

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

KERRY J. DONLEY Mayor

Introduction: 10/14/97
First Reading: 10/14/97
Publication: 10/16/97
Public Hearing: 10/25/97
Second Reading: 10/25/97
Final Passage: 10/25/97
* * * * *

30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to rezone the property at 323 North Washington Street from RM/Residential to CD/Commercial Downtown. (#26 10/14/97) [ROLL-CALL VOTE]

The City Clerk read the ordinance.

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

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

Walker "aye" Euille absent
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3957

AN ORDINANCE to amend and reordain Sheet No. 64.04 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, by rezoning the property at 323 North Washington Street (ZONING MAP AND TAX MAP PARCEL NO. 64.04-02-21) from RM/Townhouse Zone to CD/Commerical Downtown Zone (RZ No. 97-003), in accordance with the said zoning map amendment heretofore approved by city council.

WHEREAS, the Council of the City of Alexandria finds and determines that:



1. An application has been made to amend the zoning of the property known as 323 North Washington Street (Zoning Map and Tax Map Parcel No. 64-04-02-21) from RM/Residential Townhouse Zone to CD/Commercial Downtown Zone.

2. The said rezoning is in conformity with the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and

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. 64.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Rezoning 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: RM/Residential Townhouse Zone
TO: CD/Commercial Downtown 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. 64.04 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: Rezoning Sketch Plan

Introduction: 10/14/97
First Reading: 10/14/97
Publication: 10/16/97
Public Hearing: 10/25/97
Second Reading: 10/25/97
Final Passage: 10/25/97
* * * * *
INSERT PLAT

31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public right-of-way at 5101 Duke Street, in the City of Alexandria, consisting of a service road running adjacent to Duke Street. (#27 10/14/97) [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 Cleveland, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Cleveland "aye" Euille absent
Rich "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3958

AN ORDINANCE to vacate a portion of the public service road right-of-way, consisting of total land area of 2,657 square feet, at 5101 Duke Street, in the City of Alexandria.

WHEREAS, CVS Corporation ("Applicant") has applied for the vacation of a portion of the public service road right-of-way at 5101 Duke Street, consisting of a total land area of 2,657 square feet, which runs adjacent to Duke Street; and

WHEREAS, the public right-of-way to be vacated by this ordinance is shown on the attached plat, Vacation No. 97-0002, dated June 9, 1997, and prepared by Walter L. Phillips Incorporated (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 fair market value of the public right-of-way to be vacated by this ordinance is $1,000; and




WHEREAS, pursuant to § 15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, the public right-of-way to be vacated by this ordinance be purchased by the Applicant for $1,000; 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 and the condition that it purchase the public right-of-way to be vacated by this ordinance for $1,000, 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 5101 Duke Street, consisting of total land area of 2,657 square feet, 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 purchase the above-described public right-of-way for $1,000 and with each of the conditions set forth below:

1. That Applicant convey to the City of Alexandria, in a manner acceptable to the city attorney, which conveyance is hereby accepted by the city, an open space easement at the north end of the adjacent parcel of private property, in an area equivalent to the area being vacated by this ordinance, for landscaped open space.

2. That Applicant provide the city with a plat of consolidation, joining the area being vacated by this ordinance with the adjacent parcel of private property.

Section 3. That the continuation of this vacation shall be subject to the landscaping by Applicant of the easement area identified in paragraph 1 of Section 2 above, and the ongoing maintenance and/or replacement of such landscaping by Applicant, its successors and assigns, all in a manner acceptable to the director of transportation and environmental services.

Section 4. That all easements for public and/or private utilities, including sanitary sewers, existing within the area being vacated by this ordinance shall be, and hereby are, reserved.

Section 5. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received the payment of $1,000 referenced in Section 2 above, and such receipt is noted on the face of the ordinance prior to its recordation.

Section 6. 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 7. 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 8. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until payment of $1,000 has been made to the city by the Applicant and the conditions set forth above in Section 2 have 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 payment noted above has been made to the city and the conditions set forth in Section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of CVS CORPORATION, and such recordation shall be done by the Applicant at its own expense.

KERRY J. DONLEY
Mayor

Attachment: Vacation Plat

Introduction: 10/14/97
First Reading: 10/14/97
Publication: 10/16/97
Public Hearing: 10/25/97
Second Reading: 10/25/97
Final Passage: 10/25/97
* * * * *
INSERT PLAT



32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way at 1737-1767 King Street, in the City of Alexandria, for a storm water structure and outdoor seating area. (#28 10/14/97) [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 Cleveland, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Cleveland "aye" Euille absent
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 3959

AN ORDINANCE authorizing the contract purchaser of the parcel of property at the corner of Cameron Street and Commonwealth Avenue to establish and maintain an encroachment into the public right-of-way of Cameron Street, in the City of Alexandria, Virginia.

WHEREAS, Flaut, Inc., is the contract purchaser of Lot 900, as shown on the plat dated June 12, 1997, and prepared by Holland Engineering ("Plat") (attached hereto), which lot is located at the corner of Cameron Street and Commonwealth Avenue, in the City of Alexandria; and

WHEREAS, in connection with the development of the above-referenced property, Flaut, Inc., desires to establish and maintain outdoor seating for a restaurant which will encroach into the public right-of-way at the corner of Cameron Street and Commonwealth Avenue, as shown on the Plat; and

WHEREAS, the public right-of-way at that point at the corner of Cameron Street and Commonwealth Avenue 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 Flaut, Inc. (the "Applicant"), and only the Applicant, be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way at the corner of Cameron Street and Commonwealth Avenue in the City of Alexandria, as shown on the Plat, said encroachment consisting of approximately 485 square feet, 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 Applicant 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 Applicant 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 Applicant as named insureds and shall provide for the indemnification of the City of Alexandria and Applicant 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, Applicant 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 Applicant. Nothing in this section shall relieve Applicant 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, Applicant 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 Applicant'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 Applicant 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 Applicant the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Applicant without cost to the city. If Applicant 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 Applicant, and shall not be liable to Applicant 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: Plat

Introduction: 10/14/97
First Reading: 10/14/97
Publication: 10/16/97
Public Hearing: 10/25/97
Second Reading: 10/25/97
Final Passage: 10/25/97
* * * * *
INSERT PLAT


33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way of the 600 block of South Pitt Street, in the City of Alexandria, for a bay window attached to the house at 501 Franklin Street. (#29 10/14/97) [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 Cleveland, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Cleveland "aye" Euille absent
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3960

AN ORDINANCE authorizing the owner of the property at 501 Franklin Street to establish and maintain an encroachment into the public right-of-way of the 600 block of South Pitt Street, in the City of Alexandria, Virginia.

WHEREAS, Bette Gorman is the Owner of the property located at 501 Franklin Street in the City of Alexandria, Virginia; and

WHEREAS, Ms. Gorman desires to establish and maintain a bay window which will encroach into the public right-of-way at the 600 block of South Pitt Street; and

WHEREAS, the public right-of-way at that point on the 600 block of South Pitt 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 Bette Gorman and her successors and assigns (collectively "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way of the 600 block of South Pitt Street in the City of Alexandria, said encroachment consisting of a bay window projecting from Owner's property approximately one foot six inches into the public right-of-way in the 600 block of South Pitt Street, and extending six feet six inches in length, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

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

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

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

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

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

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

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

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

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

KERRY J. DONLEY
Mayor

Introduction: 10/14/97
First Reading: 10/14/97
Publication: 10/16/97
Public Hearing: 10/25/97
Second Reading: 10/25/97
Final Passage: 10/25/97
* * * * *

34. Public Hearing, Second Reading and Final Passage of AN ORDINANCE extending the franchise which authorizes the Bell Atlantic Company to occupy public rights-of-way in the City of Alexandria. (#31 10/14/97) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated October 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 10/25/97, 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 Cleveland, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Cleveland "aye" Euille absent
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 3961

AN ORDINANCE to amend and reordain Ordinance No. 2165, to grant a two-year extension of franchise rights to Bell Atlantic-Virginia, Incorporated, formerly known as the Chesapeake and Potomac Telephone Company of Virginia.

WHEREAS, on March 22, 1977, the City Council of Alexandria enacted Ordinance No. 2165, granting a franchise to the Chesapeake and Potomac Telephone Company of Virginia and its successors and assigns "to use the streets, alleys, and other public places" of the City of Alexandria "and to acquire, erect, maintain and use posts, poles, wires, manholes, ducts, cables, conduits, electrical conductors, fixtures, appliances, appurtenances, and all other necessary apparatus in, under, over and along the streets, alleys and public places of the City for the purpose of providing a telephone and telegraph service and system within the corporate limits of the City;"

WHEREAS, section 17 of Ordinance No. 2165 provides that the franchise rights and privileges provided by the ordinance are to continue for a term of twenty years from the first day of May 1977;

WHEREAS, the twenty-year term contemplated in Ordinance No. 2165 expired on May 1, 1997;

WHEREAS, Bell Atlantic-Virginia, Incorporated, was formerly known as the Chesapeake and Potomac Telephone Company of Virginia;

WHEREAS, on March 18, 1997, the Virginia General Assembly approved legislation amending and reenacting sections 56-458 and 56-462 of the Code of Virginia, relating to payments by telephone companies to local governments for the use of the localities' rights-of-way;

WHEREAS, this legislation prohibits cities in the Commonwealth from imposing on telephone companies any fees, including franchise, permit and inspection fees, and from requiring the provision of in-kind services or physical assets from such companies, in return for the right to use any public rights-of-way, except to the extent that such fees, in-kind services or physical assets were required to be provided by ordinance, permit, agreement or franchises as of February 1, 1997;

WHEREAS, this legislation is effective until July 1, 1998, at which time it will expire; and

WHEREAS, it is expected that the General Assembly will enact new legislation during its 1998 Session, with a July 1, 1998, effective date, which will address the fees, in-kind services and physical assets that the city and other Virginia local governments may impose on Bell Atlantic-Virginia, Incorporated, in return for authorizing the use of public rights-of-way;

WHEREAS, until the enactment of such permanent legislation, the question of the city's authority to impose any fee, in-kind service or physical asset requirement upon Bell Atlantic for its use of the city's rights-of-way is subject to question;

WHEREAS, the city council has determined that a decision on a new long-term franchise for Bell Atlantic-Virginia, Incorporated, which grants it rights to use the city's rights-of-way, cannot be made until after the enactment by the General Assembly of the above-referenced permanent legislation and, consequently, that it is in the public interest to extend for two years the franchise granted to Chesapeake and Potomac Telephone Company of Virginia, and its successors and assigns, by Ordinance No. 2165, to provide the city and Bell Atlantic-Virginia, Incorporated, approximately 10 months after the effective date of the permanent legislation to negotiate a new long-term franchise; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, pursuant to Article VII, Section 9 of the Virginia Constitution and Article 2 of Chapter 9 of Title 15.1 of the Code of Virginia, Section 17 of Ordinance No. 2165, which sets the term of the franchise that the ordinance grants to the Chesapeake and Potomac Telephone Company of Virginia its successors and assigns, at 20 years, be, and the same hereby is, amended to set the term at 22 years, such that the franchise shall expire on April 30, 1999, unless sooner voluntarily surrendered by the franchisee, with the consent of the city council, or unless sooner forfeited as provided by law.

Section 2. That Ordinance No. 2165, as amended by Section 1 of this ordinance, be, and the same hereby is, reordained.

Section 3. That this ordinance shall be effective as of April 30, 1997.

KERRY J. DONLEY
Mayor

Introduction: 10/14/97
First Reading: 10/14/97
Publication: 10/16/97
Public Hearing: 10/25/97
Second Reading: 10/25/97
Final Passage: 10/25/97
* * * * *

35. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of the City code that establish and define the duties and functions of the recently established Youth Policy Commission by revising one of the categories of organizations whose members are eligible for membership on the commission. (#32 10/14/97) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated October 9, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 10/25/97, 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 Cleveland, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Cleveland "aye" Euille absent
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"


The ordinance finally passed reads as follows:
ORDINANCE NO. 3962

AN ORDINANCE to amend and reordain Section 12-13-2 of Chapter 13
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 12-13-2 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. 12-13-2 Composition; appointment; terms; chairperson and officers; committees.

(a) The commission shall consist of 18 members, 17 of whom shall be voting members and one a non-voting member. Nine of the voting members shall be citizens, two shall be from community non-profit agencies that have an interest in youth issues, four shall be from the public sector, and two shall be from city boards or commissions or other organizations which have an interest and involvement with youth. The non-voting member shall be a judge from the juvenile and domestic relations court, as determined by the chief judge of that court.

(1) Citizen members. These nine members shall be appointed by city council and shall be city residents. They shall consist of: three parents of children 18 years of age or younger, one of whom shall be a resident of school board election District A, one of whom shall be a resident of District B and one of whom shall be a resident of District C (see section 12-1-4); two individuals eighteen years or younger; two representatives of the business community; and two members of professions which require special training or knowledge in issues affecting youth. The terms of these members shall be three years and shall be staggered.

(2) Community non-profit agency members. These two members shall be appointed by city council and shall be city residents. They shall represent non-profit community agencies that have an interest in youth issues. The terms of these members shall be three years and shall be staggered.

(3) Public sector members. These four members shall be the mayor, the commonwealth's attorney, a member of the school board designated by the board, and a member of the public health advisory commission designated by the commission. The mayor and the commonwealth's attorney shall serve on the commission for so long as he holds office. The other two public sector members shall serve terms of three years which shall be staggered.

(4) Members from city boards or commissions or other organizations. These two members shall be appointed by city council, and shall be residents of the city who are members of city boards or commissions, or of other organizations, which, in the course of performing their duties and functions, come into significant contact with the city's youth or which otherwise have an interest in youth issues. The terms of these members shall be three years and shall be staggered.

(b) The commission shall elect from among its voting members a chairperson and such other officers as it deems necessary.


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

Section 3. That this ordinance, like Ordinance No. 3952, shall expire and be of no further effect on December 31, 1998.

KERRY J. DONLEY
Mayor

Introduction: 10/14/97
First Reading: 10/14/97
Publication: 10/16/97
Public Hearing: 10/25/97
Second Reading: 10/25/97
Final Passage: 10/25/97
* * * * *

36. Public Hearing, Second Reading and Final Passage of AN ORDINANCE making provision for supplemental funds for the operation of the City government in fiscal year 1998. (#33 10/14/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 10/25/97, 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 Cleveland, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Cleveland "aye" Euille absent
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3963

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropria-tions of amounts required to defray certain expenditures and liabilities of the city for fiscal year 1998, which began on the first day of July 1997 and ends on the thirtieth day of June 1998.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter named the amounts required to defray the expenditures and liabilities of the city for which commitments were established in the form of encumbrances or otherwise on or before June 30, 1997, but which are payable in fiscal year 1998, and for which amounts were appropriated but not expended in fiscal year 1997, and further that the council does hereby allot the amounts so appropriated to the several municipal departments for fiscal year 1998, as follows:

GENERAL FUND

18th Circuit Court $ 9
Sheriff 82,462
Clerk of Courts 154,941
Other Correction and Justice Activities 21,079
Financial and Information Technology 255,655
Services
18th Juvenile Court 7,940
City Clerk and Clerk of Council 2,200
Planning and Zoning 1,004
General Services 551,526
Transportation and Environmental Services 674,533
Fire 305,163
Police 47,974
Office of Housing 241,398
Health 83,976
Human Services 172,372
Office of Historic Alexandria 42,714
Recreation and Cultural Activities 62,332
Non-Departmental 672,658

Total General Fund $3,379,936

EQUIPMENT REPLACEMENT RESERVE FUND

Sheriff $ 250
General Services 241,351
Transportation and Environmental Services 201,539
Fire 411,080
Police 13,915
Recreation $ 46,189
Mental Health/Mental Retardation/
Substance Abuse 40,200

Total Equipment Replacement Reserve
Fund $ 954,524

ENTERPRISE FUND

Recycling Program $ 218,672

Total Enterprise Fund $ 218,672

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amount being external grant awards for which the proceeds were received or accepted prior to June 30, 1997, but which were not expended by such date, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1998, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $ 69,865
Commonwealth Attorney 41,371
Sheriff 18,537
Court Service Unit 3,521
Transportation and Environmental Services 877,562
Fire 260,884
Police 58,669
Housing 7,318,294
Mental Health/Mental Retardation/
Substance Abuse 6,140,299
Health 107,174
Human Services 810,133
Historic Alexandria 11,156
Recreation 68,497

Total Estimated Revenue $15,785,962

APPROPRIATION:

Human Relations $ 69,865
Commonwealth Attorney 41,371
Sheriff 18,537
Court Service Unit 3,521
Transportation and Environmental Services 877,562
Fire $ 260,884
Police 58,669
Housing 7,318,294
Mental Health/Mental Retardation/
Substance Abuse 6,140,299
Health 107,174
Human Services 810,133
Historic Alexandria 11,156
Recreation 68,497

Total Appropriation $15,785,962

Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1997, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1998, as follows:



SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $ 28,507
Commonwealth Attorney 16,297
Sheriff 8,938
Court Service Unit 5,000
Transportation and Environmental Services 607,814
Fire 12,872
Police 428,078
Housing (134,734)
Mental Health/Mental Retardation/
Substance Abuse 281,429
Health 71,363
Human Services 11,407
Historic Alexandria 2,000
Library (2,052)

Total Estimated Revenue $1,336,919

APPROPRIATION:

Human Relations $ 28,507
Commonwealth Attorney 16,297
Sheriff 8,938
Court Service Unit 5,000
Transportation and Environmental Services 607,814
Fire 12,872
Police $ 428,078
Housing (134,734)
Mental Health/Mental Retardation/
Substance Abuse 281,429
Health 71,363
Human Services 11,407
Historic Alexandria 2,000
Library (2,052)

Total Appropriation $1,336,919

Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1998, the source of such amount being the residual balances accumulated as of June 30, 1997, in accounts for donations and activities, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1998, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $ 63,168
Citizens Assistance 15,979
Commonwealth's Attorney 41,663
Clerk of Courts 211,098
Other Court Services 1,328
Personnel 93,752
Transportation and Environmental Services 47,128
Fire 381
Police 527,932
Housing 450
Mental Health/Mental Retardation/
Substance Abuse 15,421
Health 1,988
Human Services 114,200
Historic Alexandria 100,723
Recreation 115,922
Library 430
Non-Departmental 3,014

Total Estimated Revenue $1,354,577

APPROPRIATION:

Human Relations $ 63,168
Citizens Assistance 15,979
Commonwealth's Attorney 41,663
Clerk of Courts 211,098
Other Court Services $ 1,328
Personnel 93,752
Transportation and Environmental Services 47,128
Fire 381
Police 527,932
Housing 450
Mental Health/Mental Retardation/
Substance Abuse 15,421
Health 1,988
Human Services 114,200
Historic Alexandria 100,723
Recreation 115,922
Library 430
Non-Departmental 3,014

Total Appropriation $1,354,577

Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amount being donations to the city which have been accepted and adjusted but not appropriated in fiscal year 1998, and further that the council does hereby allot the amount so appropriated to the city departments for fiscal year 1998, as follows:







SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Court Services Unit $ 5,000
Human Services 9,901

Total Estimated Revenue $ 14,901

APPROPRIATION:

Court Services Unit $ 5,000
Human Services 9,901

Total Appropriation $ 14,901

Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the General Fund the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 1998, the source of such amount being undesignated General Fund Balance, and further that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

APPROPRIATION:

City Clerk and Clerk of Council $ 4,259
Historic Alexandria 34,898

Total Appropriation $ 39,157

Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amount being Developer Contributions and Transfers In, and further that the council does hereby allot the amount so appropriated for and to the following capital projects which are included in the fiscal year 1998 capital improvement budget: city project nos. 015-002, 015-003, 004-033, 011-097 and 011-104.

CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Developer Contributions $ 155,000
Transfers In (from Special Revenue Fund) 535,000

Total Estimated Revenue $ 690,000

APPROPRIATION:

Capital Projects $ 690,000

Total Appropriation $ 690,000

Section 8. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amounts being General Property Taxes, Fines and Forfeitures, Charges for Services and Use of Money and Property, and further that the Council does hereby allot the amount so appropriated for fiscal year 1998, as follows:

GENERAL FUND

ESTIMATED REVENUE:

General Property Taxes $ 157,400
Fines and Forfeitures 350,000
Charges for Services 112,200
Use of Money and Property 484,500

Total Estimated Revenue $1,104,100

APPROPRIATION:

Financial and Information Technology
Services $ 507,400
General Services 484,500
Fire 112,200

Total Appropriation $1,104,100

Section 11. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 10/14/97
First Reading: 10/14/97
Publication: 10/16/97
Public Hearing: 10/25/97
Second Reading: 10/25/97
Final Passage: 10/25/97
* * * * *












REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (37 - 43)

Planning Commission (continued)

37. SPECIAL USE PERMIT #97-0128 -- 1107, 1109, 1111 PRINCESS STREET -- HABITAT FOR HUMANITY -- Public Hearing and Consideration of a request for an amendment to an approved special use permit for the construction of three townhouses to allow a reduction in off-street parking; zoned RB/Residential. Applicant: Habitat for Humanity of Northern Virginia, Inc., by Christopher Regan.

38. MASTER PLAN AMENDMENT #97-0004 -- REZONING #97-0004 -- 3900-4400 WHEELER AVENUE -- Public Hearing and Consideration of a request for an amendment to the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and to change the zoning designation of the subject property from UT/Utilities and Transportation to I/Industrial. Applicant: AMT, LLC, by Katherine H. Hinken.

COMMISSION ACTION: Deferred (Applicant’s Request)

39. REZONING #97-0002 -- 700 NORTH ASHTON STREET -- Public Hearing and Consideration of a request to change the zoning designation of the property located between North Ashton Street and North Beauregard Street from R-12/Residential to RT/Residential. Applicant: Presidential Realty Corporation and Kent Lincolnia Joint Venture, by Robert J. Test, attorney, Trustee.

40. MASTER PLAN AMENDMENT #97-0006 -- REZONING #97-0006 -- 134 NORTH PAYNE STREET -- Public Hearing and Consideration of a request for an amendment to the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan to change the land use designation from RM/Residential Medium to CD/Commercial Downtown and to change the zoning designation from RB/Residential to CD/Commercial Downtown. Applicant: Michele J. Boggs.

41. SPECIAL USE PERMIT #97-0133 -- 1 EAST OXFORD AVENUE -- Public Hearing and Consideration of a request for a special use permit, with site plan and subdivision, to construct three residential units with a parking reduction and modifications to yards and frontage on the southeast corner of Commonwealth Avenue and East Oxford Avenue; zoned R-2-5/Residential. Applicant: Marc Gordon, by Gaver Nichols, architect.







42. SPECIAL USE PERMIT #97-0126 -- 1225 POWHATAN STREET; 1222 PORTNER ROAD -- DIXIE PIG RESTAURANT SITE -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a nonconforming restaurant; zoned RB/Residential. Applicant: Top Flight Services, Inc., by Cathy Kane.

43. SPECIAL USE PERMIT #97-0130 -- 1217 FIRST STREET -- ALEXANDRIA AUTO REPAIR -- Public Hearing and Consideration of a review of a special use permit for an automobile repair garage; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Alexandria Auto Repair, by Mohammad Arif Sattar.

WITHOUT OBJECTION, City Council noted the deferrals.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, at 2:25 p.m., the Special Public Hearing Meeting of October 25, 1997, was adjourned. The voting was as follows:

Pepper "aye" Euille absent
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
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APPROVED BY:



__________________________________________
KERRY J. DONLEY MAYOR

ATTEST:



______________________________________________
Beverly I. Jett, CMC City Clerk


This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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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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The City Council docket is available via e-mail and fax. If you would like to receive your docket via e-mail or fax, please clal the City Clerk and Clerk of Council's Office at 838-4500.
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Public Notice

On November 8, 1997, at 8:30 a.m., there will be a METRO Town Meeting to be held at the George Washington Masonic National Memorial Auditorium, 101 Callahan Drive, Alexandria. The topic of discussion will include pedestrian access and issues related to the King Street Metro Area.

It is anticipated that more than two members of Council will be participating.