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Public Hearing Meeting
Saturday, January 24, 1998 - - 9:30 a.m.

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

Absent: None.

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; Mr. Neckel, Director of Finance; Mrs. Godwin, Director of Management and Budget; Fire Chief Hawkins; Legislative Director Caton; Ms. Steele, Deputy City Manager; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Johnson and Mr. Smith, Members of the Planning and Zoning Staff; Ms. Barnett, Deputy Director of Recreation, Parks and Cultural Activities; School Board Chair Kenealy and Members; and Lieutenant Butler, Police Department.

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

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

2. Public Discussion Period.

(a) Kathy Koelle, vice president of sales for Chesapeake Directory Sales Company, the sales arm for Bell Atlantic Directory Services, and Mayor Donley unveiled the new Yellow Pages which has a picture of Market Square on its cover. Ms. Koelle presented Mayor Donley and City Manager Lawson with a framed cover.

(b) Hollis Wickman, 822 Green Street, representing the All Alexandria Alliance, encouraged the City to proceed with litigation against the construction of the proposed 12-lane Woodrow Wilson Bridge.

(c) Owen Curtis, 5465 Fillmore Avenue, representing Seminary West Civic Association, spoke against the proposed widening of Fillmore Avenue, and presented the Strand/Wisniewski position on Dowden Terrace Street development; a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Public Discussion (c); 1/24/98, and is incorporated herewith as part of this record by reference.

(A copy of an e-mail from John R. Provan, dated January 24, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Public Discussion (c); 1/24/98, and is incorporated herewith as part of this record by reference.)

The City Manager was requested to work with the neighborhood to reach some agreement with respect to this issue. If the matter is not resolved, this should be docketed for City Council discussion and consideration.

(d) Doug Wood, 912 South Saint Asaph Street, president, Yates Gardens Civic Association, spoke in support of litigation against the 12-lane Woodrow Wilson Bridge.

(e) Julie Crenshaw, 816 Queen Street, spoke in support of litigation against the proposed widening of the Woodrow Wilson Bridge and encouraged the City to work with various organizations which are willing to work with the City so that this is a coordinated effort.

(f) Agnes A. Jokl, president, Seminary West Civic Association, spoke against the widening of Fillmore Avenue; a copy of Ms. Jokl's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Public Discussion (f); 1/24/98, and is incorporated herewith as part of this record by reference.

Councilwoman Pepper requested staff to look into the drainage problem at the intersection of Seminary Road and Fillmore Avenue at the southwest corner.

(g) Robert Holland, 1204 South Washington Street, representing Hunting Towers residents facing displacement, supported litigation by the City on the proposed 12-lane Woodrow Wilson Bridge.

(h) John Chapman Gager spoke.

(i) Bob Brown, 494 North Owen Street, touched upon (a) Alexandria's increased traffic congestion, (b) the impact of the Stop On Red on traffic safety, and (c) the role of Government in traffic flow; a copy of Mr. Brown's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Public Discussion (i); 1/24/98, and is incorporated herewith as part of this record by reference.

(j) Jim Dunning, 214 West Mount Ida Avenue, spoke to Commonwealth Atlantic's withdrawal of the proposed plans for Potomac Yard/Potomac Greens, and thanked the citizens in this effort. They will continue to work with Commonwealth Atlantic on the development of this property.

Mayor Donley urged the informal process of meeting to discuss this issue to continue.

(k) Stewart Schwartz, 1415 Oronoco Street, representing the Coalition for Smarter Growth, spoke in support of litigation on the proposed 12-lane Woodrow Wilson Bridge.

(l) C. Russell H. Shearer, 402 North Saint Asaph Street, spoke against the proposed 12-lane Woodrow Wilson Bridge.

Mayor Donley indicated that City Council will consider this matter in executive session on Tuesday, January 27, 1998.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-11)

Planning Commission

WITHOUT OBJECTION, City Council removed Docket Item Nos. 4 and 5 from the Consent Calendar and considered them under separate motions.

3. TEXT AMENDMENT #98-0001 -- SITE PLAN LANDSCAPE REQUIREMENTS -- Public Hearing and Consideration of an amendment to Section 11-410 of the Zoning Ordinance to clarify and modernize the landscape requirements for site plan approval consistent with the adoption of official landscape guidelines. Staff: City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 1/24/98, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #97-0168 -- 3700 JEFFERSON DAVIS HIGHWAY -- Public Hearing and Consideration of a request for a special use permit for extension of an approved automobile repair business; zoned CDD/Coordinated Development District. Applicant: Abayomi Baruwa.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/24/98, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #97-0169 -- 5010 DUKE STREET -- CAMERON STATION -- Public Hearing and Consideration of a request for a special use permit for a coordinated sign program; zoned CDD-9/Coordinated Development District, Cameron Station. Applicant: Cameron Associates, LLC, by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/24/98, and is incorporated herewith as part of this record by reference.)

8. VACATION #97-0005 -- 5005 DUKE STREET -- ALEXANDRIA CENTRAL LIBRARY -- Public Hearing and Consideration of a request for vacation of public right-of-way; zoned CG/Commercial General. Applicant: City of Alexandria, Department of Planning and Zoning, and appointment of viewers for same.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/24/98, and is incorporated herewith as part of this record by reference.)

9. ENCROACHMENT #97-0012 -- 302-304 PRINCESS STREET -- GADSBY’S COURT -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a temporary sales trailer; zoned CD/Commercial Downtown. Applicant: Gadsby’s Court, LLC, by Doryan L. Winkelman.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 1/24/98, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #97-0159 -- 5331 ECHOLS AVENUE AND 2799 NORTH ROSSER STREET -- Public Hearing and Consideration of a request for a special use permit, with site plan and subdivision, for construction of a single-family residential development; zoned R-12/Residential. Applicant: Scott Herrick, by John H. Thillmann.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 1/24/98, and is incorporated herewith as part of this record by reference.)

11. SPECIAL USE PERMIT #97-0173 -- 1 EAST OXFORD AVENUE -- Public Hearing and Consideration of a request for a special use permit, to allow a parking reduction for one single-family dwelling, including site plan modifications; zoned R-2-5/Residential. Applicant: Marc Gordon, by Gaver Nichols, architect.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/24/98, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, City Council approved the Consent Calendar with the exception of Docket Item Nos. 4 and 5 which were considered under separate motions. The Planning Commission recommendations are as follows:

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

6. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added condition #20.


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

8. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and authorized the Mayor to appoint viewers. The Mayor subsequently appointed Ruby Fitzgerald, Libby Cooperman, and Ruby Tucker, Chair, as viewers.

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

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

11. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended condition #4 and the added condition #37.

The voting was as follows:

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

4. TEXT AMENDMENT #98-0002 -- HOMELESS SHELTERS -- Public Hearing and Consideration of an amendment to Section 5-303 of the Zoning Ordinance to allow homeless shelters within the CRMU-H/Commercial Residential Mixed Use, High zone by approval of a special use permit. Staff: City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/24/98, and is incorporated herewith as part of this record by reference.

Copies of petitions in opposition to this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 4; 1/24/98, and is incorporated herewith as part of this record by reference.)

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

Poul Hertel, 1217 Michigan Court, president, Northeast Citizens Association, spoke against this text amendment;

Bernard Fagelson, 1412 Key Drive, representing citizens and members of the Northeast Citizens Association, spoke against;

Jeffrey Yates, 2525 King Street, spoke against;

Peter Lunt, 4201 Maple Tree Court, representing Carpenter's Shelter, spoke in support;

Preston Wells, 1008 Vernon Street, representing Northeast Citizens Association, spoke against;

Jean Caldwell, 1117 Powhatan Street, vice president, Northeast Citizens Association, spoke against;

Essie P. Knuckle, 905 Second Street, spoke against;

Everett A. Reed, 1009 Vernon Street, representing Northeast Citizens Association, spoke against;

Magnolia Pearson, 1019 Vernon Street, spoke against;

Dorothy Coffey, 720 South Fairfax Street, spoke against;

Duncan W. Blair, P. O. Box 19888, representing Carpenter's Shelter, spoke in favor;

Connie Graham, 1217 Michigan Court, spoke against; and

Randy Kell, 502 Cathedral Drive, representing Carpenter's Shelter, spoke in support.

Members of City Council participated in the discussion.

Representatives of Carpenters Shelter were requested to work with the neighborhood.

Councilwoman Pepper requested that the City install a sign at the intersection of First Street and Fayette Street.

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

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

5. SPECIAL USE PERMIT #97-0150 -- 205 NORTH BRECKINRIDGE PLACE -- EXTENDED STAY AMERICA -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a hotel; zoned CRMU-M/Commercial Residential Mixed Use, Medium. Applicant: Extended Stay America Management, Inc., by Michael J. Giguere, attorney.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 1/24/98, and is incorporated herewith as part of this record by reference.

A copy of Michael J. Giguere's letter dated January 23, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5; 1/24/98, and is incorporated herewith as part of this record by reference.

A copy of John B. Connor's letter dated January 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 5; 1/24/98, and is incorporated herewith as part of this record by reference.)

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

John B. Connor, 1033 North Fairfax Street, #310, attorney representing Marian Burns, spoke in support of the condition submitted by Mr. Giguere.

Michael Giguere, 8280 Greensboro Drive, attorney representing the applicant, spoke to the proposed condition to which Mrs. Burns has agreed.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the additional condition presented by Michael J. Giguere, attorney for the applicant, and agreed to by John B. Connor, attorney for Mrs. Marian E. Burns, which condition reads as follows: "The Applicant, Extended Stay America Hotel, shall permit Mrs. Marian E. Burns and her invitees to use the existing driveway 12' in width adjoining the western boundary of the Burns property line from Lincolnia Road to the southern line of the 30-foot outlet parcel described in Deed Book 1466 at Page 620, which is on the east side of the site. The right of use shall be evidenced by a written license. The license shall be a personal right to Mrs. Burns for her lifetime and may not be transferred or assigned. At Mrs. Burns' discretion, the license may be recorded. The license shall be executed by the Applicant prior to the City's issuance of a non-residential use permit. Upon execution, a certified copy shall be presented to the Director of Planning to evidence satisfaction of this condition." The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item No. 24 at this time.

24. SPECIAL USE PERMIT #97-0171 -- 3816 AND 3816-1/2 ELBERT AVENUE -- Public Hearing and Consideration of a request for a special use permit to construct a semi-detached structure (with two dwellings) with reduction of off-street parking; zoned RB/Residential. Applicant: Charles and Gloria Gee.



(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 1/24/98, and is incorporated herewith as part of this record by reference.)

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

Charles (Tony) Gee, Route 1, Reva, VA, applicant, indicated that Virginia Power has agreed to relocation of the pole on Elbert Avenue. He indicated that after Council approval he would be giving, hopefully on Monday morning, his check to Virginia Power for removal of the utility pole on Elbert Avenue.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended condition #1, included a copy of the letter dated January 9, 1998, in the record, regarding the removal of the utility pole on Elbert Avenue. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

12. SECTION 9.06; CASE #97-0003 -- CAMERON STATION SCHOOL SITE -- Public Hearing and Consideration of a proposal by the City of Alexandria to acquire property from within the Cameron Station site for the use as a public school, pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria. Staff: City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/24/98, and is incorporated herewith as part of this record by reference.

A copy of the School Board's resolution is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 1/24/98, and is incorporated herewith as part of this record by reference.)

The following persons were available to answer questions:

Cyril D. Calley, 307 North Washington Street, attorney for property owner; and

Stephen J. Kenealy, 2000 North Beauregard Street, chair, Alexandria School Board.




City Attorney Sunderland stated that this had been docketed for public hearing and action; however, 9.06 items are final actions by the Planning Commission, unless the Planning Commission recommends against, in which case 9.06 items come to Council. Our practice had been to bring these to Council for notice and your information, but technically Council does not need to have a public hearing nor a vote on it because the Planning Commission approved it.

Councilwoman Pepper asked if there is an agreement to spend monies for the purchase of this land and if it will be acceptable to the Federal Government that we can use it combined with a park for a school site.

City Attorney Sunderland stated that there is certainly nothing in the conveyance the City received from the Park Service that precludes in any way both the use of the site for a school and the school's use of the parkland for school purposes. He stated that the City will be submitting it to the Park Service once the City approves the park plan for the west end and the east end park, as required by the deed. When the park plan is submitted, the City will indicate that there are plans for a school and will indicate there are plans to have the school use the park on occasion.

WITHOUT OBJECTION, Council received the report from the Planning Commission.

13. COORDINATED DEVELOPMENT DISTRICT (CDD) CONCEPT PLAN -- REZONING #97-0005 -- 3601 JEFFERSON DAVIS HIGHWAY -- POTOMAC YARD/POTOMAC GREENS -- Public Hearing and Consideration of a request for approval of (1) changes to the CDD conditions contained in the zoning ordinance for Potomac Yard/Potomac Greens, and (2) the concept plan for Potomac Yard/Potomac Greens. Applicant: Commonwealth Atlantic Properties, Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Denied 7-0

(A copy of the Planning Commission report dated January 8, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/24/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated January 9, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 1/24/98, and is incorporated herewith as part of this record by reference.

A copy of Richard I. Gilchrist's letter dated January 22, 1998, withdrawing this item, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 13; 1/24/98, and is incorporated herewith as part of this record by reference.

Copies of communications received pertaining to this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 13; 1/24/98, and is incorporated herewith as part of this record by reference.)

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



REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

14. Public Hearing and Consideration of the Alexandria Commission for the Arts' Request on the Need for a System to Develop, Monitor, Conserve and Maintain the City of Alexandria's Art in Public Places. (Vice Mayor Euille) (#16 12/9/97)

(A copy of the City Manager's memorandum dated January 20, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 1/24/98, and is incorporated herewith as part of this record by reference.)

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

Steven E. Shulman, 3921 Charles Avenue, vice chair, Commission for the Arts, spoke in support;

Paul A. Frank, 212-A East Howell Avenue, representing the Torpedo Factory/Alexandria Arts Forum, spoke in support; and

Leslie Herzog, 519 South Saint Asaph Street, representing the Alexandria Commission for the Arts, spoke in support.

Members of City Council and City Manager Lawson participated in the discussion.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council recognized the City's support for public art and (a) requested the Arts Commission to assist the City in seeking private/grant funding for art in City projects; (b) recognized the City's interagency staff task force as the group responsible for monitoring, conserving and maintaining existing public art; (c) requested the City staff to work with the Arts Commission to facilitate dialogue between the Commission and developers to incorporate privately-funded art in major new developments; and (d) encouraged the City's Alexandria Convention and Visitors Association to make art a part of its marketing efforts for its economic and tourism significance to the City. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

15. ENCROACHMENT #97-0010 -- 630 SOUTH ROYAL STREET -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for an existing brick arch and wall, a stone walkway, and landscaped areas; zoned RM/Residential. Applicant: Carlos J. Chiriboga.


(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 1/24/98, and is incorporated herewith as part of this record by reference.)

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

Carlos Chiriboga, 630 South Royal Street, applicant, made a presentation in support of Item Nos. 15 and 16;

John Belshe, 600 South Royal Street, expressed concern about maintaining public safety of walkway, and presented photographs for the record; which are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item; and

Oscar Fitzgerald, 206 West Monroe Avenue, representing Board of Architectural Review, Old and Historic District, spoke against the appeal in Docket Item No. 16.

General Discussion. Members of City Council, Transportation and Environmental Services Director O'Kane, and Mr. Chiriboga participated in the discussion.

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 and denied the request. The voting was as follows:

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

16. CASE BAR-97-0198 -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, denying a request for approval of a fence and archway to be constructed at 630 South Royal Street, zoned RM-Residential. APPLICANT AND APPELLANT: Carlos Chiriboga.

(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. 16; 1/24/98, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated October 29, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 1/24/98, and is incorporated herewith as part of this record by reference.

Mayor Donley spoke to the discussion about sidewalk and gutter along Franklin Street. Mayor Donley requested staff to report back to Council on possible solutions and prior to coming back to Council, get some input from property owners as to what they think might be appropriate, i.e., a sidewalk, or a path.




WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council upheld the Board of Architectural Review's decision and denied the appeal, with the request that the applicant go back to the drawings that were previously approved by the Board of Architectural Review, and do what was approved and suggested that if the applicant has any doubt as to exactly what the Board expects perhaps the applicant could meet with Members of, the Chair of, or the whole Board of Architectural Review, so that this time the applicant would get the wall in a way that is acceptable, with the expectation that what has been constructed be taken down within ninety days. Should the applicant want an extension, for a potential redesign or new application before the BAR, Council directed staff to grant that extension on a valid basis. The voting was as follows:

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

17. CASE BAR-97-0135 -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, approving a request for two single-family residences to be constructed at 721 and 721-1/2 South Fairfax Street, Zoned RM Residential. APPLICANT: Sonoma Development. APPELLANT: Susan Kellom, 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. 17; 1/24/98, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated December 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 1/24/98, and is incorporated herewith as part of this record by reference.

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

Susan B. Kellom, 719 South Fairfax Street, spoke in support of the appeal;

Duncan W. Blair, P.O. Box 15888, representing Sonoma Development, spoke against the appeal, and in support of the Board of Architectural Review action; and

Oscar Fitzgerald, 206 West Monroe Avenue, representing the Board of Architectural Review, Old and Historic District, spoke against the appeal, and in support of upholding the Board of Architectural Review's decision.

WHEREUPON, a motion was made by Councilwoman Pepper, seconded by Councilman Cleveland to grant the appeal; which motion FAILED on a vote of 3-to-4. The voting was as follows:

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



THEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 4-to-3, City Council upheld the decision of the Board of Architectural Review and denied the appeal. The voting was as follows:

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

Planning Commission (continued)

18. SPECIAL USE PERMIT #97-0177 -- 725-727 KING STREET -- BERTUCCI’S RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Bertucci’s Restaurant Corporation.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 1/24/98, and is incorporated herewith as part of this record by reference.)

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

Robert J. Schiefer, 725-727 King Street, representing the applicant, spoke in support.

Councilman Speck suggested that employers of restaurants remind and encourage their employees to seek off-street parking.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and to retain condition #25. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered docket item nos. 19 through 23 together, and under one motion.

19. MASTER PLAN AMENDMENT #97-0009 -- 2201 EISENHOWER AVENUE -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for master plan amendment to the proposed project 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 January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 1/24/98, and is incorporated herewith as part of this record by reference.)

20. COORDINATED DEVELOPMENT DISTRICT (CDD) CONCEPT PLAN -- 2201 EISENHOWER AVENUE -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for approval of a Coordinated Development District (CDD) Concept Plan for the Mill Race - Old Town Commons site portion of the Eisenhower Avenue CDD. Applicant: Old Town Development Company, LLC, by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 1/24/98, and is incorporated herewith as part of this record by reference.)

21. SPECIAL USE PERMIT #97-0097 -- 2201 EISENHOWER AVENUE -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a time-share building and an office building, with site plan modifications; 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 January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 1/24/98, and is incorporated herewith as part of this record by reference.

A copy of Cyril D. Calley's letter dated January 23, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 1/24/98, and is incorporated herewith as part of this record by reference.)

22. SPECIAL USE PERMIT #97-0098 -- 2201 EISENHOWER AVENUE -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for a special use permit for transportation management plan (TMP) approval for a proposed mixed use development; 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 January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 1/24/98, and is incorporated herewith as part of this record by reference.)

23. VACATION #97-0003 -- 2310-2318 MILL ROAD -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for vacation of a portion of the public right-of-way; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Old Town Development Company, LLC, by Cyril D. Calley, attorney, and appointment of viewers for same.

(A copy of the Planning Commission report dated January 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 1/24/98, and is incorporated herewith as part of this record by reference.)

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

Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support of these items, with an added condition for Item No. 21 and an amendment to condition #37.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, Council approved item nos. 19 through 23 as follows:

19. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and the staff recommendations, with the amendment to the proposed language for CDD guidelines #10.

20. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and the staff recommendations, with the added condition #2.

21. City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and the staff recommendations, with the elimination of staff recommendation #34, and the added condition #38, and amended condition #37 to read: "37. The applicant will make its best effort to come up with a more suitable name that doesn't suggest that it's in Old Town.", and added a new condition #39 to read: "39. All parking spaces required by the Alexandria Zoning Code for the commercial office building shall be constructed entirely within the boundaries of Tax Map Parcels 73.00-03-09 and 73.00-03-10."

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

23. City Council approved the request, subject to compliance with all applicable codes, ordinances and the staff recommendations, and authorized the Mayor to appoint Viewers. The Mayor subsequently appointed Donald Allen, chair, Katrine Fitzgerald and Paul Smedberg, as viewers. The voting was as follows:

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








ORDINANCES AND RESOLUTIONS

25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City of Alexandria Zoning Ordinance to extend grandfather status, under the ordinance's nonconforming use provisions, to waterfront uses, fraternal clubs and public buildings. (#15 1/13/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

Ellen Pickering, 103 Roberts Lane, questioned why the W-1 or WPR zones are included in this ordinance; and

Harry P. Hart, 307 North Washington Street, representing the Old Dominion Boat Club, spoke in support.

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3973

AN ORDINANCE to amend and reordain Section 12-302 (NONCOMPLYING USES), under Section 12-300 (NONCOMPLYING USES), of Article XII (NONCOMPLIANCE AND NONCONFORMITY) of the City of Alexandria Zoning Ordinance (TA NO. 97-0009).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 12-302 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto new subsections (G), (H) and (I), to read as follows:

(G) Any public building existing on January 24, 1998, and categorized immediately prior to such date as a nonconforming use, whether the use operates pursuant to a special use permit or not, shall not be deemed nonconforming. From and after January 24, 1998, such use shall be categorized as a legal use and, irrespective of the applicable zoning regulations, may continue indefinitely and may be expanded or replaced; provided, that any such expansion or replacement is approved by special use permit.

(H) Any use existing in the W-1 or WPR zone on January 24, 1998, and categorized immediately prior to such date as a nonconforming use, shall not be deemed nonconforming. From and after January 24, 1998, such use shall be categorized as a noncomplying use, and may continue indefinitely subject to the requirements of this section 12-300; provided, that such use shall not be changed except to a use that is permitted, or that is allowed with an approved special use permit, in the zone in which it is located.

(I) Any fraternal or private club existing on August 5, 1940, at the time of the adoption of the Alexandria City Code of 1940, that has existed continuously since that date, and that has been categorized immediately prior to January 24, 1998, as a nonconforming use, shall not be deemed nonconforming. From and after January 24, 1998, such use shall be categorized as a noncomplying use, and may continue indefinitely subject to the requirements of this section 12-300; provided, that only those specific fraternal or private clubs in existence on January 24, 1998, shall be deemed noncomplying, and that any change in use, management, ownership or operation of such use shall require approval by special use permit.

Section 2. That Section 12-302 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Introduction: 1/13/98
First Reading: 1/13/98
Publication: 1/14/98; 1/15/98
Public Hearing: 1/24/98
Second Reading: 1/24/98
Final Passage: 1/24/98
* * * * *

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 12-600 of the City of Alexandria Zoning Ordinance regarding the procedures for amending approved CO planned residential/commercial development special use permits, and the scope of permitted amendments. (#16 1/13/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

Ellen Pickering, 103 Roberts Lane, questioned the recordation requirement; and


Howard Middleton, 510 King Street, attorney representing the Carlyle Development Corporation, spoke in support.

WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3974

AN ORDINANCE to amend and reordain Section 12-600 (COMMUNITY UNIT PLAN, PLANNED UNIT DEVELOPMENT, CLUSTER SPECIAL USE PERMIT, TRANSITIONAL SPECIAL USE PERMIT AND CO PLANNED RESIDENTIAL/ COMMERCIAL DEVELOPMENT) of Article XII (NONCOMPLIANCE AND NONCONFORMITY) of the City of Alexandria Zoning Ordinance (TA NO. 97-0004).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 12-600 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

Sec. 12-600 Community unit plan, planned unit development, cluster special use permit, transitional special use permit and CO planned residential/commercial development.

(A) Rules generally not applicable. The rules in this Article XII for nonconforming uses and noncomplying uses and structures shall not apply to Community Unit Plan, Planned Unit Development, Cluster Special Use Permit and CO Planned Residential/Commercial Development for which a development plan has been approved by special use permit or ordinance and has not expired prior to June 24, 1992. Such developments shall be governed by the approval documents therefor and the provisions of this section 12-600, and shall not be considered nonconforming or noncomplying development. In the case of a conflict between the specific approval documents and the provisions of sections 12-600(B)(2) and 12-600(B)(3), the provisions of such sections shall control.

(B) CO Planned Residential/Commercial Development. Notwithstanding any contrary provision of this ordinance, a CO planned residential/commercial development described in section 12-600(A) may proceed pursuant to the following rules.

(1) SUP process for amendment. An approved CO planned residential/commercial development is a special use permit use. Any amendment to such an approved development may be approved pursuant to the procedures for amending special use permits in section 11-500 of this ordinance.

(2) Recording requirement removed. An approved CO planned residential/commercial development, the approval of which was required to be and was recorded as a contract between the City and the special use permit permittee (SUP permittee) in the official land records on or before December 12, 1997, is hereby relieved of the requirement that amendments to that contract approved on or after December 13, 1997, be recorded; provided, that a notice approved by the City Attorney is recorded in the land records stating that:

(a) the development is bound and governed by the special use permit by which it was originally approved and any subsequently approved amendments;

(3) No contract required. No contract amendment between the SUP permittee, applicant, landowners and the city is required for any amendment to an approved CO planned residential/commercial development which amendment was approved on or after December 13, 1997.

(4) Prior amendments. Any amendment to an approved CO planned residential/commercial development which amendment was approved and recorded on or before December 12, 1997, is valid.

(5) Permitted Amendments.

(a) A change to a CO planned residential/commercial development or a portion thereof which, as of January 24, 1998, has been fully constructed, and for which an as-built site plan has been required, is permitted by an amendment to the special use permit authorizing the development; provided, that the change is consistent with the regulations applicable to the zone in which the development is situated.

(b) A change to a CO planned residential/commercial development or a portion thereof which, as of January 24, 1998, has not been fully constructed, and for which an as-built site plan has not been required, is permitted by an amendment to the special use permit authorizing the development that is in effect on January 24, 1998; provided, that the change:

(i) does not cause the maximum floor area of the development to exceed the floor area authorized in the permit in effect on January 24, 1998;

(ii) does not cause the development to contain any uses that are (a) not approved by the permit in effect on January 24, 1998, or (b) not permitted uses or special uses under the regulations applicable to the zone in which the development is situated;

(iii) does not cause the height of more than one building in the development to exceed by more than 15% the height of the tallest authorized building; provided, that (a) this clause (iii) shall apply only to developments located in a coordinated development district, (b) the tallest authorized building in such developments shall be the tallest building height authorized by the CDD special use permit provisions in section 5-602(A) of this ordinance in effect on January 24, 1998, (c) this clause (iii) shall be effective only through December 31, 1998, but any approval granted hereunder prior to such date shall continue to be valid and effective after December 31, 1998, and (d) this clause (iii) shall only apply to applications for the Patent and Trademark Office development project; and

(iv) otherwise does not cause the development to be noncompliant or inconsistent with the regulations applicable to the zone in which the development is situated, which regulations, in the case of a development located in a coordinated development district, shall be the CDD special use permit provisions in section 5-602(A) of this ordinance in effect on January 24, 1998, except that the requirement for compliance with such zone regulations may be modified pursuant to clauses (i), (ii) or (iii) above.

(6) Amendment applicant. The applicant for an amendment to an approved CO planned residential/commercial development shall be the owner or owners of each lot or parcel which is the subject of the proposed amendment, with the written consent of either of the following:

(a) the SUP permittee, or a successor to the permittee, if such permittee or successor to the permittee is in control of the association or corporation of all owners of land within the development, formed pursuant to the Virginia Property Owners' Association Act, § 55-508, et seq., Code of Virginia; or

(b) the association or corporation of all owners of land within the development, formed pursuant to the Virginia Property Owners' Association Act, § 55-508, et seq., Code of Virginia, if such association or corporation is not under the control of the SUP permittee or a successor to the permittee.

Section 2. That Section 12-600 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Introduction: 1/13/98
First Reading: 1/13/98
Publication: 1/14/98; 1/15/98
Public Hearing: 1/24/98
Second Reading: 1/24/98
Final Passage: 1/24/98
* * * * *

27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to repeal Ordinance No. 3972, which vacated a portion of the public right-of-way of Jamieson Avenue located immediately to the east of the intersection of Jamieson Avenue and Holland Lane and conveyed the vacated land to Shurgard Storage Centers, Inc., and to vacate the same portion of the public right-of-way of Jamieson Avenue and to convey the vacated land to Holland Lane Associates, L.L.C. (#17 1/13/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

It was noted that Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, was present to answer questions.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3975

AN ORDINANCE to repeal Ordinance No. 3972 and to vacate a part of the public street right-of-way of Jamieson Avenue extended, located to the east of the intersection of Jamieson Avenue extended and Holland Lane, in the City of Alexandria, Virginia.



WHEREAS, Shurgard Storage Centers, Inc., the contract purchaser of property in the 300 block of Holland Lane in the City of Alexandria, Virginia, has applied for the vacation of a 5,943 square foot parcel that is located within the future public right-of-way of Jamieson Avenue, which will extend eastward from Holland Lane (the "Parcel"); and

WHEREAS, Holland Lane Associates, L.L.C., is the owner of the property immediately adjacent to the Parcel; and

WHEREAS, the Parcel is shown on the plat prepared by R.C. Fields, Jr. and dated August 20, 1997 ("Plat") (attached hereto); and

WHEREAS, the vacation of the Parcel has been disapproved 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, having considered the report of the viewers regarding this vacation, other evidence relative thereto and the agreement of Holland Lane Associates, L.L.C., to ensure compliance with the conditions set forth below, the Council of the City of Alexandria has concluded that the Parcel is no longer needed for public use and that it is in the public interest that it be vacated; and

WHEREAS, on December 13, 1997, city council enacted Ordinance No. 3972 which vacated the Parcel and which purported to have the effect of conveying the Parcel to Shurgard Storage Centers, Inc., which at the time was merely the contract purchaser of the property immediately adjacent to the Parcel; and

WHEREAS, city council now wishes to repeal Ordinance No. 3972 and to vacate the Parcel in a new ordinance which will have the effect of conveying the Parcel to Holland Lane Associates, L.L.C., the current owner of the property immediately adjacent to the Parcel; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Ordinance No. 3972 be, and the same hereby, is repealed.

Section 2. That the hereafter described parcel of property, as shown on the Plat, be, and the same hereby, is vacated:

Section 3. That this vacation be, and hereby is, subject to the conditions set forth below:

2. Holland Lane Associates, L.L.C., and Shurgard Storage Centers, Inc., shall reserve and not interfere with any public and/or private utility and sewer easements or any of the existing utilities and sewers located within the parcel being vacated by this ordinance.

3. Either Holland Lane Associates, L.L.C., or Shurgard Storage Centers, Inc., shall prepare and record among the land records of the City of Alexandria a plat of consolidation that consolidates the parcel being vacated by this ordinance and the adjacent parcel which Shurgard Storage Centers, Inc., is acquiring from Holland Lane Associates, L.L.C.

Section 4. 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 5. 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 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the conditions set forth above in Section 3 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. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of HOLLAND LANE ASSOCIATES, L.L.C., and such recordation shall be done by Holland Lane Associates, L.L.C., at its own expense.

KERRY J. DONLEY
Mayor

Attachment: Vacation Plat

Introduction: 1/13/98
First Reading: 1/13/98
Publication: 1/14/98; 1/15/98
Public Hearing 1/24/98
Second Reading: 1/24/98
Final Passage: 1/24/98
* * * * *


INSERT PLAT





















































28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the FY 97-98 operating budget. (#18 1/13/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated December 22, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 1/24/98, 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 Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3976

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 appropriations 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 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 future bond proceeds, intergovernmental revenue and contributions, and further, that the council does hereby allot the amount so appropriated for and to the following capital projects which are included in the city's fiscal year 1998 capital improvement program budget: city project nos. 015-001, 009-039 and 011-075, and projects identified in the Alexandria City Public Schools' fiscal year 1998 capital budget adopted by the school board.

CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Capital Projects Fund Balance to be
Reimbursed by Future Bond Proceeds $965,000
Intergovernmental Revenue 134,009
Contributions 229,315

Total Estimated Revenue $1,328,324

APPROPRIATION:

Capital Projects $1,328,324

Total Appropriation $1,328,324

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 of the city for fiscal year 1998, the source of such amounts being Component Unit - School's Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

COMPONENT UNIT

APPROPRIATION:

Component Unit Schools $509,336

Total Appropriation $509,336

Section 3. 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 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 $ 29,925
Commonwealth Attorney 134,009
Fire 27,008
Police 192,279
Human Services 299,530
Recreation 4,055

Total Estimated Revenue $ 686,806

APPROPRIATION:

Human Relations $ 29,925
Commonwealth Attorney 134,009
Fire 27,008
Police 192,279
Human Services 299,530
Recreation 4,055

Total Appropriation $686,806


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 for fiscal year 1998, the source of such amounts being miscellaneous revenue, and further, that the council does hereby allot the amount so appropriated for fiscal year 1998, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Miscellaneous $ 20,257

Total Estimated Revenue $ 20,257

APPROPRIATION:

Human Services $ 20,257

Total Appropriation $ 20,257

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 of the city for fiscal year 1998, the source of such amounts being undesignated General Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

Police $ 73,770

Total Appropriation $ 73,770

Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amounts being Equipment Replacement Retained Earnings, and further, that the council does hereby allot the amount so appropriated to the various city departments for fiscal year 1998, as follows:

EQUIPMENT REPLACEMENT FUND:

APPROPRIATION:

Transportation and Environmental Services $ 26,223
Recreation 81,842
Financial and Information Technology Services $ 199,633

Total Appropriation $ 307,698





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

KERRY J. DONLEY
Mayor

Introduction: 1/13/98
First Reading: 1/13/98
Publication: 1/14/98; 1/15/98
Public Hearing: 1/24/98
Second Reading: 1/24/98
Final Passage: 1/24/98
* * * * *

OTHER

THE FOLLOWING ITEM IS NOT A PUBLIC HEARING ITEM:

29. Consideration of Establishing a Working Group to Review Several Taxicab Issues Including Taxicab Certificates. (Vice Mayor Euille)

(A copy of the City Manager's memorandum dated January 20, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 1/24/98, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille explained this item. Members of City Council and Assistant City Manager Evans participated in the discussion of this item.

WHEREUPON, a motion was made by Vice Mayor Euille, seconded by Councilman Cleveland that the City Council request that the City Manager (1) establish a taxicab working group composed of representatives of the City's taxicab drivers and taxicab company owners, the Traffic and Parking Board, the Commission on Persons with Disabilities, the Commission on Aging, the City Attorney, City staff (representatives from the City Manager's Office, the Police Department and the Department of Transportation and Environmental Services), the business community and a representative from the City Council; (2) have the group to review the United Taxicab Operators (UTOP) proposal regarding how the City issues taxicab certificates as well as matters such as taxicab driver income and expenses, taxicab company revenue and operating costs, and other relevant City taxicab industry issues; and (3) report back to the Council by the end of or no later than June 1998.

Councilman Speck directed questions to Legislative Director Caton about taxicab stand dues, and questions to Assistant City Manager Evans.

Mayor Donley, Council Member Rich and Councilman Cleveland made comments.





THEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 4-to-3, City Council tabled this item. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (30-31)

Planning Commission (continued)

30. SPECIAL USE PERMIT #97-0178 -- 2838 DUKE STREET -- DUKE STREET MOBIL -- Public Hearing and Consideration of a review of a special use permit for an automobile service station; zoned CG/Commercial General. Applicant: Essam Danfora.

31. SPECIAL USE PERMIT #97-0130 -- 1217 FIRST STREET -- ALEXANDRIA AUTO REPAIR -- Public Hearing and Consideration of a review and revocation 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.

COMMISSION ACTION: Deferred (Applicant’s request)

WITHOUT OBJECTION, City Council noted the deferrals.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

The following item was presented to City Council for informational purposes only:

COORDINATED DEVELOPMENT DISTRICT (CDD) CONCEPT PLAN -- MASTER PLAN AMENDMENT #97-0005 -- 3601 JEFFERSON DAVIS HIGHWAY -- POTOMAC YARD/POTOMAC GREENS -- Public Hearing and Consideration of a request for approval of changes to the CDD conditions contained in the master plan for Potomac Yard/Potomac Greens. Applicant: Commonwealth Atlantic Properties, Inc., by J. Howard Middleton, Jr., attorney.

NOTE: THE PLANNING COMMISSION REJECTED THIS AMENDMENT 7-0, AND THE AMENDMENT IS NOT BEFORE COUNCIL.

COMMISSION ACTION: Denied 7-0
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, at 2:43 p.m., the Public Hearing Meeting of Saturday, January 24, 1998, was adjourned. The voting was as follows:

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

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.
* * * * *

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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