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Public Hearing Meeting
Saturday, November 14, 1998 - - 9:30 a.m.


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

Absent: Councilman William C. Cleveland.

Also Present: Ms. Steele, Deputy City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Police Chief Samarra; Ms. O'Regan, Director of Human Services; Mr. O'Brien, Library Director; Ms. Cabe, Acting Assistant City Manager; Fire Chief Hawkins; Ms. Gattsek, Director of Office on Women; Legislative Director Caton; Ms. Federico, Director of Historic Alexandria; Dr. Claiborn, Director of Mental Health/Mental Retardation and Substance Abuse; Mr. Ransom, Special Assistant to the City Manager; Mr. McMahon, Deputy Director of General Services; Mr. Smith, Principal Staff, Boards of Architectural Review; 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, except Councilman Cleveland, and with Council Member Rich arriving at 9:50 a.m.

2. Public Discussion Period.

(a) Jack Sullivan, 4300 Ivanhoe Place, spoke about the recent Circuit Court decision on Taylor v. Kuckro II.

(b) Brooksie Koopman, 116 West Maple Street, spoke to the reconfiguration of the Barrett Library collection that will allow the children's collection to remain intact. She expressed that the library staff should reevaluate the proposal to house the Lloyd House collection on approximately two-thirds of the first floor in a glassed-in enclosure. Ms. Koopman requested that a public hearing be held on the housing of the Lloyd House collection on the first floor.

(A copy of Ms. Koopman's letter dated November 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(b); 11/14/98, and is incorporated herewith as part of this record by reference.)

(c) Ellen Donald, 210 East Alexandria Avenue, representing Friends of Lloyd House Board, spoke to the relocation of the Lloyd House historic collection to the first floor of the Barrett Library.

(d) James E. Munson, 1203 South Frederick Street, Arlington, VA, spoke to the preservation of the Lloyd House collection; a copy of Mr. Munson's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(d); 11/14/98, and is incorporated herewith as part of this record by reference.

(e) Edith M. Sprouse, 5901 Mount Eagle Drive, #1514, representing Friends of Lloyd House Library, spoke to the preservation of the Lloyd House historic collection.

Council Member Walker requested that a public hearing be set on the reconfiguration and layout of the Kate Waller Barrett Library.

Mayor Donley indicated that Council is in agreement to have a public hearing, and indicated that Council would like to hear from representatives of the Library Board at the public hearing to talk over the issues and then come to a resolution.

(f) John Chapman Gager spoke.

New Business Item No. 1: Vice Mayor Euille indicated that he will be leaving the meeting at 2:00 p.m. today.

New Business Item No. 2: Mayor Donley noted that Councilman Cleveland is not present today because of his recent tonsillectomy.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-12)

Planning Commission

At 9:50 a.m., Council Member Rich arrived.

WITHOUT OBJECTION, City Council removed docket item nos. 5, 8 and 9 from the Action Consent Calendar and considered them under separate motions.

3. DEVELOPMENT SPECIAL USE PERMIT #98-0018 -- 3410 KING STREET -- LEXUS OF ALEXANDRIA -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct a second floor addition to the existing automobile sales facility; zoned CG/Commercial General. Applicant: Lindsay Lexus of Alexandria, by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 11/14/98, and is incorporated herewith as part of this record by reference.)


4. SPECIAL USE PERMIT #98-0114 -- 4301 WEST BRADDOCK ROAD -- FORT WARD PARK -- Public Hearing and Consideration of a request for a special use permit to construct three structures to be used in conjunction with the existing amphitheater, and for an increase in the permitted height of the structures; zoned POS/Public Open Space. Applicant: City of Alexandria, by R. C. Fields Jr. and Associates.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/14/98, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #98-0117 -- 3210-3220 DUKE STREET -- Public Hearing and Consideration of a request for a special use permit for a parking reduction for a mixed use building; zoned CG/Commercial General. Applicant: William Dwyer Properties Ltd., by Michael Dwyer.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 11/14/98, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #98-0124 -- 728 JEFFERSON STREET -- Public Hearing and Consideration of a request for a special use permit to operate a massage establishment with parking reduction; zoned CRMU-L/Commercial Residential Mixed Use. Applicant: Calvin E. Boothe.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 11/14/98, and is incorporated herewith as part of this record by reference.)

10. DEVELOPMENT SPECIAL USE PERMIT #98-0019 -- 4650 EISENHOWER AVENUE -- EISENHOWER STORAGE FACILITY -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct a mini-warehouse storage facility as a change to a noncomplying use; zoned OCM-100/Office Commercial Medium. Applicant: Joseph Wolinsky, Trustee, by William C. Thomas, Jr., attorney.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 11/14/98, and is incorporated herewith as part of this record by reference.)





11. SPECIAL USE PERMIT #98-0119 -- 1508 MOUNT VERNON AVENUE -- MANCINI’S RESTAURANT -- Public Hearing and Consideration of a request to amend the special use permit conditions regarding the screening of dumpsters and to add entertainment for a restaurant; zoned CL/Commercial Low. Applicant: Mancini’s, Inc., by Barbara Mancini.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/14/98, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #98-0127 -- 3223 DUKE STREET -- HECHINGER COMMONS -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school for computer training; zoned CG/Commercial General. Applicant: John C. Thompson, Jr.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/14/98, 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 Action Consent Calendar as presented with the exception of docket item nos. 5, 8 and 9 which were considered under separate motions. 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.

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.

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

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, with the amended condition #12.



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

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

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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


5. SPECIAL USE PERMIT #98-0116 -- 0 PRINCE STREET -- Public Hearing and Consideration of a request for extension of a special use permit for a boat docking facility; zoned W-1/Waterfront. Applicant: Potomac Party Cruises, Inc., by Engin M. Artemel.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 11/14/98, and is incorporated herewith as part of this record by reference.)

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

John Chapman Gager spoke; and

Engin Artemel, 120 Madison Place, representing the applicant, was available to answer questions.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper 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:

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

8. SPECIAL USE PERMIT #98-0128 -- 1404 KING STREET -- HARD TIMES CAFE -- Public Hearing and Consideration of a request for a special use permit to change the hours of operation and change conditions regarding off-street parking for the existing restaurant; zoned CD/Commercial Downtown. Applicant: Hard Times Cafe, by Thomas M. Fitzpatrick.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/14/98, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille disclosed that he has a personal, very minute interest in the parent company of Hard Times.

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 and the amended condition #4. The voting was as follows:

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

9. DEVELOPMENT SPECIAL USE PERMIT #98-0016 -- 1820 NORTH HOWARD STREET -- FOX HAVEN -- Public Hearing and Consideration of a request for a cluster development special use permit, with site plan, to construct single-family dwellings; zoned R-8/Residential. Applicant: Lynn House of Potomac Valley, Inc., by Lois Herr.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 11/14/98, and is incorporated herewith as part of this record by reference.)

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

Bernard M. Fagelson, 1411 Key Drive, attorney representing the applicant, was available to answer questions.

Councilman Speck noted that this project has the potential of creating an issue similar to the King's Cloister, but also noted that this property has gone through a number of incarnations in terms of development proposals. He added that because of the recent problems that we have been going through with King's Cloister in terms of development construction time of day that we've had to have staff really scrutinize that project extensively to get them to stay within the time frame of acceptable construction. He indicated that this is a considerably smaller project, of course, but in terms of its location relative to residential areas it's very similar. So, rather than waiting until problems evolve here because of a potential of the similar circumstances to occur, he wanted to make sure that we do what apparently is working at King's Cloister now, i.e., big signs, warning don't start working before a certain time, and heightening the importance of working a fairly large project in a residential neighborhood.

Deputy City Manager Steele indicated that before the commencement of the project, staff will get the contractor and everybody concerned together to make it clear and lay down what the ground rules are to make sure everybody understands, and then follow up with the signs.

Bernard Fagelson, attorney, answered questions.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper 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, with the amended condition #5 as presented by staff, and the added condition #31 as represented by the applicant. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

13. DEVELOPMENT SITE PLAN #98-0010 -- 3101-3231 DUKE STREET -- HECHINGER COMMONS SHOPPING CENTER -- Public Hearing on and consideration of an appeal of a decision of the Planning Commission, on October 6, 1998, denying a request for a development site plan approval to construct additional parking for a shopping center, located at 3101-3231 Duke Street; zoned CG/Commercial General. Applicant and Appellant: Steuart Hechinger Commons by Jonathan P. Rak, Attorney.

Commission Action: Denied 7-0

The Applicant has requested that this item be deferred until the December 12, 1998 Public Hearing Meeting in order to continue to work with the civic associations and adjacent property owners; however, since this item was advertised for public hearing it had to be listed on the docket.

WITHOUT OBJECTION, City Council noted the deferral to Saturday, December 12, 1998.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

14. Public Hearing on and Consideration of the City of Alexandria, Virginia 1998 Annual Report. (#19 9/12/98; #18 9/22/98)

(A copy of the annual report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 11/14/98, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated November 14, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 11/14/98, and is incorporated herewith as part of this record by reference.)

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

Andrea Nygren, 7436 Gadsby Square, representing the League of Women Voters, spoke and indicated that now is the time to start working to find and implement additional sources of revenue to fund local government and education in Alexandria; a copy of Ms. Nygren's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 14; 11/14/98, and is incorporated herewith as part of this record by reference.

Mayor Donley urged the League to deliver similar comments at the Commission on the Future of Virginia Cities meeting to be held on December 2, 1998, at the George Washington Masonic Temple.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously by all those present, City Council closed the public hearing and accepted the report. The voting was as follows:

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

15. (a) Public Hearing on and Consideration of the City of Alexandria's Proposed Legislative Package for the 1999 Session of the Virginia General Assembly. (#13 10/27/98)

(A copy of the City Manager's memorandum dated October 21, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15(a); 11/14/98, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated November 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15(a); 11/14/98, and is incorporated herewith as part of this record by reference.

Communications pertaining to this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 15(a); 11/14/98, and is incorporated herewith as part of this record by reference.)

(b) Consideration of Resolution Supporting Full Funding of HB 599 for Law Enforcement Funding. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 9, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15(b); 11/14/98, and is incorporated herewith as part of this record by reference.)

Mayor Donley spoke to a recent meeting he attended in Richmond with 23 other Mayors and Chairs from other jurisdictions in Virginia about the issue of a stagnant local tax base and the need to increase funds that come back to localities from the State of Virginia. Mayor Donley passed out a copy of a letter to Governor Gilmore and the Members of the General Assembly, dated November 12, 1998, and a copy of a press release pertaining to the letter, copies of which are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No 15(a). He noted that the gist of the proposal is (1) to enact legislation providing for the rebate of a percentage of state sales or income tax revenues to the local governments from whose residents it was collected; and (2) initiate a comprehensive restructuring and modernization of the Commonwealth's state and local tax policies.



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

Nancy McCormick, 187 Little Street, executive director, Families First - Alexandria, Va., spoke in support of membership requirements for Community Policy and Management Teams and Family Assessment and Planning Teams;

Sue Capers, 311 Wolfe Street, representing the Virginia Coalition for the Homeless, spoke in support of budget amendment for homeless prevention, assistance and support services for homeless children; a copy of Ms. Capers' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 15(a);

Council agreed to adding this to its legislative package.

Michael Heinlein, 2645 Fort Scott Drive, representing Alexandria Community Shelter for the Homeless, spoke in support of funds for budget amendments for homeless prevention, assistance and support services for homeless children;

Rod Kuckro, 209 East Alexandria Avenue, spoke for disclosure of the type of relationship if one exists between a Member of Council and an applicant that has an item before the Council for consideration. He suggested something similar to what is in effect in Fairfax County;

Vice Mayor Euille indicated that a public disclosure ordinance currently exists in the City of Alexandria for various elected officials, including Council and the School Board, as well as the City Manager, department heads, deputies and members of various boards and commissions which requires the filing of a disclosure form annually. He indicated that Council does disclose any business relationships from time to time. Vice Mayor Euille indicated that Council is cognizant of this under the Freedom of Information Act of what it should do or should not do in terms of disclosure. He supports Mr. Kuckro's recommendation which he has no problem with, but the question he has is whether there is a set dollar amount that exists.

Councilwoman Pepper indicated that she does not mind looking at this issue. She stated that this could be a very cumbersome process. She would like to look at the provision officially to see what it has to say.

Mayor Donley stated that we could explore how it works in Fairfax County and there are probably some valid considerations that Council should consider in the operation of the Council.

Council Member Rich questioned how this would work when you could have indirect beneficiaries living in a neighborhood who may have contributed a considerable combined amount in the outcome of a quality of life issue for the neighborhood. He also thinks the process could be very cumbersome.

Councilman Speck asked Mayor Donley to have a conversation with his counterpart in Fairfax County at some convenient point just to find out and to bring back to us a little more information about how they see the disclosure provision addressed by Rod Kuckro is working.





Vice Mayor Euille requested the City Attorney to come back to the City Council, distribute the document that Mr. Kuckro has made available to Council just simply for Council's review, and if at some point in time it's a matter that Council feels it would like to consider and have it become law, Council can certainly do so.

Robert L. Montague, 207 Prince Street, chairman, Alexandria Historical Restoration and Preservation Commission, spoke in support of changing the appeal process of the Boards of Architectural Review to go directly to the Circuit Court, and also spoke in support of funding for the renovation of the Lloyd House;

Edward Braswell, 426 North Columbus Street, spoke in opposition to charter change to change the Boards of Architectural Review appeal process, and presented a letter from Andrea Dimond, 221 Gibbon Street, who is also opposed to the change; a copy of Ms. Dimond's letter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of Item No. 15(a); and

Juliet Choi, 5375 Duke Street, #1605, vice chair, Alexandria Community Policy Management Team, spoke in support of membership requirements for Community Policy and Management Teams and Family Assessment and Planning Teams.

Mayor Donley noted that the public hearing was concluded. He stated that in addition to his comments earlier regarding the revenue sharing arrangements which he asked be added to the legislative package, he noted the 250th Anniversary Commission has requested something be added to the package about formal recognition by the Commonwealth during our 250th Anniversary in the coming year; and also we received a letter from Kate Hanley, Chairman of the Northern Virginia Regional Partnership, requesting that the City endorse in its legislative package renewed funding for the Regional Partnership Program at the State level; also included the proposal by Councilman Speck about increasing the fine for red light camera violations; and included the other issues raised today.

(a) WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously by all those present, City Council closed the public hearing on the Proposed Legislative Package and scheduled final consideration on the Legislative Package including the new items that were brought up today, both by Members of Council and members of the public, at its November 24, 1998 Regular Meeting. The voting was as follows:

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

(b) THEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a ROLL-CALL vote of 5-to-0, City Council adopted the resolution in support of full State funding of HB 599 (law enforcement funding), and send copies of the resolution to Governor James Gilmore; the members of the City's Legislative Delegation; the General Assembly leadership; the chairs of the Senate Finance and House Appropriations Committees (and the chairs of their public safety subcommittees); the members of the Commission on the Condition and Future of Virginia's Cities; and the Virginia Municipal League. The voting was as follows:



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

The resolution reads as follows:
RESOLUTION NO. 1897
Resolution Supporting Full State Funding of HB 599
(Law Enforcement Funding)

WHEREAS, the General Assembly passed HB 599 in 1979 as part of a legislative package intended to direct additional state financial assistance to cities in exchange for the loss of authority to annex land in surrounding counties; and

WHEREAS, the state financial assistance included in HB 599 included payments to cities, towns and counties with police departments, to compensate them for the disparity between state funding for local police departments and sheriffs’ offices; and

WHEREAS, the Virginia Code directs the Governor and the General Assembly to increase the total amount of HB 599 funds to be distributed each year by the anticipated percentage change in state general fund revenues; and

WHEREAS, funding for HB 599 was reduced from $80.5 million to less than $67 million in fiscal year 1992, and has remained frozen at that level since 1992; and

WHEREAS, based on annual general fund growth rates, the total amount of HB 599 funding would have increased to $151 million by fiscal year 1999 if the state had funded this program in accordance with the state law; and

WHEREAS, if the state had funded this program in accordance with state law, the City of Alexandria would currently be receiving $5,929,538 per year from the state instead of the $2,620,742 which it is currently receiving; and

WHEREAS, by fiscal year 2000 the total amount of funding that the state would have distributed to localities since the HB 599 program’s inception if the law had been observed will be $610 million; and

WHEREAS, since the program’s inception the total amount of funding that the state has failed to distribute to Alexandria totals $20,244,206; and

WHEREAS, the Commonwealth benefits when the relationship between the state and its local governments is based on mutual trust and support;

NOW, THEREFORE, BE IT RESOLVED, that the Governor and General Assembly are requested to develop a plan to fully fund HB 599 by the year 2000, and that the amendments to the 1998-2000 budget enacted during the 1999 General Assembly should include a substantial increase in this program beginning in fiscal year 1999.
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16. Public Hearing on and Consideration of the City of Alexandria's Proposed 1999 Charter Bill. [See Proposal 1.D, pages 5 and 6 of Docket Item 15 (a)].

(A copy of the proposed Charter Bill dated November 12, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/14/98, and is incorporated herewith as part of this record by reference.

Communications received on 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. 16; 11/14/98, and is incorporated herewith as part of this record by reference.)

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

Barbara P. Beach, 416 Prince Street, attorney representing the Lindsey Trusts, spoke against;

Jean Lindsey, 1907 Belle Haven Road, spoke against;

Charlie Lindsey, 110 King Street, spoke against;

Carol Ann Lindsey, 101-103 King Street, spoke against;

Judy McVay, 207 North Columbus Street, representing the Old Town Civic Association, spoke in support;

Bob Dempsey, 414 Prince Street, spoke in support;

Robert J. Test, 1403 Coventry Lane, representing Union Street Public House, spoke against;

Cate Archuleta, 715 King Street, representing Cate's Bistro, spoke against;

H. Curtiss Martin, 118 Prince Street, spoke in support;

Melinda Mooney, 713 King Street, spoke against;

Gordon King, 112 King Street, spoke against; and

Jonathan Wilbor, 310 South Lee Street, spoke in support.

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

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Speck and carried unanimously by all those present, City Council held the public hearing, and requested an opinion from the City Attorney as to how best to proceed on this issue. The voting was as follows:

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



REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

17. SPECIAL USE PERMIT #98-0120 -- 1525 KENWOOD AVENUE; 1602-1604 OSAGE STREET -- ENTERPRISE RENT-A-CAR -- Public Hearing and Consideration of a review of a special use permit to operate an automobile rental facility; zoned CSL/Commercial Service Low and OC/Office Commercial. Applicant: Enterprise Rent-A-Car.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 11/14/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Clayton's letter dated November 12, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 11/14/98, and is incorporated herewith as part of this record by reference.)

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

Bill Clayton, 3402 Halcyon Drive, representing North Ridge Citizens Association, spoke in support; and

Bill Leckemby, 115 South Dickenson Avenue, Sterling, VA, representing the applicant, spoke in support and answered questions.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a vote of 4-to-0, 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 the amended condition #3, and the added condition #9. The voting was as follows:

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

18. MASTER PLAN AMENDMENT #98-0003 -- FIVE-YEAR UPDATE OF MASTER PLAN -- Public Hearing and Consideration of five-year amendments to the City's Master Plan.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 11/14/98, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 11/14/98, and is incorporated herewith as part of this record by reference.


A copy of the draft verbatim transcript is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 11/14/98, and is incorporated herewith as part of this record by reference.)

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

W. B. Hurd, 219 South Royal Street, chairman, Alexandria Planning Commission, spoke to this item;

Ellen Pickering, 103 Roberts Lane, spoke with respect to the packet of letters dated August 7;

Katy Cannady, 20 East Oak Street, also addressed the August 7 packet;

Mark McLindon, 3614 Oval Drive, spoke in support of the three recommendations in the letter dated August 7, 1998, and requested that it be sent to the City Manager for staff recommendation; and

Jack Sullivan, 4300 Ivanhoe Place, spoke in support of the Planning Commission recommendation and indicated that he does not agree with the August 7, 1998 letter.

Councilwoman Pepper mentioned, with respect to the August 7, 1998 letter, that she didn’t think she agreed with number one but would like to have more discussion on it. She indicated that it doesn't give the neighborhood enough security to know on what it can plan. She would like to have some discussions as to how it works in Fairfax. As to number two, she would like whomever is going to be giving Council this analysis to tell Council if that’s a good thing or bad thing in your opinion. If you do think that it would be a good idea to offer certain positive incentives for mixed-use development or for whatever else, she would like to have a recommendation or at least a list of what some of the incentives might be so Council might choose if it decides that was a good thing. Also, Councilwoman Pepper wants to know if Council can take into consideration officially and legally, the fiscal impact, how much tax break it’s going to bring to us as opposed to another kind of development and that sort of thing.

Council Member Walker would like to have a joint work session with the Planning Commission and have some of these topics as discussion items with some information from other jurisdictions.

Members of City Council participated in the discussion.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council approved the amendments to the Master Plan as presented by the Planning Commission, and referred the memorandum dated August 7, 1998, from a number of Alexandria residents regarding the Master Plan process, to the City Manager for comment and then further consideration possibly with a joint meeting with the Planning Commission. The voting was as follows:

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

19. MASTER PLAN AMENDMENT #98-0005 -- OLD TOWN NORTH PLAN UPDATE -- Public Hearing and Consideration of the Old Town North Small Area Plan Chapter of the City's Master Plan.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/14/98, and is incorporated herewith as part of this record by reference.)

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

Ellen Pickering, 103 Roberts Lane, spoke to the North Washington Street area on pages 43 and 44 of the docket item; and

W. B. Hurd, 219 South Royal Street, Planning Commission chairman, answered questions.

Planning and Zoning Director Lynn and Deputy Planning and Zoning Director Ross responded to questions asked by City Council.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council approved the amendments to the Old Town North Chapter of the City's Master Plan. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered docket item no. 25 out of order.

25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance to allow exterior automatic teller machines and other technological machines in the Old and Historic Alexandria District and Parker Gray Historic District. (#15 11/10/98) [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.

Mayor Donley, due to the nature of his employment with Virginia Commerce Bank in Alexandria, recused himself from consideration of this matter, and turned the meeting over to Vice Mayor Euille.








WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 4-to-0, City Council finally passed the Ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4025

AN ORDINANCE to amend and reordain Article VII (SUPPLEMENTAL ZONE REGULATIONS) of the City of Alexandria Zoning Ordinance, by adding thereto a new Section 7-1800 (INSTALLATION OF ATM AND SIMILAR MACHINES ON THE EXTERIOR OF BUILDINGS IN THE HISTORIC DISTRICTS (TA NO. 98-0013).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article VII of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new section 7-1800 to read as follows:

Sec. 7-1800 Installation of ATM and similar machines on the exterior of buildings in the Historic Districts.

(A) Within the Old and Historic Alexandria District and the Parker Gray District, machines for dispensing money, tickets, postage, and similar paper records, and providing electronic transactions and services, but not to include the sale or provision of other products or merchandise or lottery tickets, may be installed on the exterior of a building, or as an outdoor freestanding machine, provided:

(a) No machine may be installed on the exterior of a contributing structure to the district as determined at the time of application using the Secretary of Interior’s Guidelines. A list of noncontributing structures within each district is maintained by the Department of Planning and Zoning.

(b) No more than one machine may be installed per individual building.

(c) No freestanding machine may be installed outside of a completely enclosed space within the interior of a building, unless located within an open court or similar area within the footprint of a noncontributing building.

(d) No machine shall face residentially zoned land.



(e) No machine shall exceed a maximum size of 37 inches in height and 23 inches in width, or the minimum size commercially available, whichever is smaller.

(f) Signage shall be as small as possible, and no greater than a total area of 6.5 square feet. Backlit signs shall not be permitted.

(g) Lighting elements shall be the minimum possible to meet safety requirements, and shall not exceed 2.0 foot candles measured at a radius of five feet from the source

(h) The building on or within the foot print of which the machine is located shall be located in a commercial zone.

(B) The installation of the machine, including without limitation its specific size and location and the extent of its signage and lighting, shall require approval by the Board of Architectural review pursuant to Articles IX and X of this ordinance.

(C) Except as provided in this section, the installation of machines for dispensing money, tickets, postage, and similar paper records, and providing electronic transactions and services, and for the sale or provision of other products or merchandise or lottery tickets, on the exterior of a building or structure, or as an outdoor freestanding machine, within the Old and Historic Alexandria District and the Parker Gray District is prohibited.

Section 2. That Article VII 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: 11/10/98
First Reading: 11/10/98
Publication: 11/12/98
Public Hearing: 11/14/98
Second Reading: 11/14/98
Final Passage: 11/14/98
* * * * *







20. DEVELOPMENT SPECIAL USE PERMIT #98-0004 -- 2810 KING STREET -- CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct additional off-street parking for a church, with modifications to paving requirements; zoned R-8/Residential. Applicant: Church of Jesus Christ of Latter-Day Saints, by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/14/98, and is incorporated herewith as part of this record by reference.

A copy of the updated design development diagram presented by the applicant's attorney, Mr. Middleton, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 11/14/98, and is incorporated herewith as part of this record by reference.)

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

J. Howard Middleton, 510 King Street, attorney for the applicant, spoke in support and noted that he has met with neighbors and the attorney for King's Cloister. As a result of the meetings, he was authorized by the attorney for King's Cloister to state that he withdraws his objection and the attorney's letter in the record is no longer applicable. Second, he indicated that a letter on page 39 of the docket material from the resident on Bryan Street, is satisfied with the results of the changes and recommends approval. Third, he has made accommodations with the residents along Melrose Street, and Mrs. Kicak and he believe that they are also satisfied and recommend approval. He pointed out a letter dated October 22, 1998, making certain concessions which moves five spaces nearest Mrs. Kicak's home to the rear which is the major concession and gives more green space towards King Street, and secondly, we did agree to place a small fence close to the parking lot closest to the parking area nearest Mrs. Kicak's house both to the rear and to the side.

Mr. Middleton provided, for the record, an updated version of the design development lighting/landscape plan.

A. Maitland Bottoms, 216 Moncure Drive, president, Taylor Run Citizens Association, spoke in support; and

Ellen Pickering, 103 Roberts Lane, also speaking on behalf of the Taylor Run Citizens Association, noted that King Street is going to lose the look of green.

Council Member Walker stated that she would like to work towards coming up with some kind of a fund to start allowing some kind of assessment of green space and how we can begin to add that sort of thing into our community so that we can always make sure that there are enough funds to add green trees or at least to protect the trees that we have on the street.







WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the amended conditions #11 and #14, and incorporated the drawing which was submitted by Mr. Middleton as part of the record. The voting was as follows:

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

At 2:05 p.m., Vice Mayor Euille left the meeting.

21. SPECIAL USE PERMIT #98-0108 -- 703 KING STREET -- LOS AMIGOS RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to (1) change the ownership of the existing restaurant, (2) add additional seats, (3) extend the hours of operation, (4) add live entertainment, (5) add mixed beverage service, and (6) add delivery service; zoned CD/Commercial Downtown. Applicant: Chanel 2000, Inc, trading as Los Amigos Restaurant, by Gustavo Erostegvi.

(A copy of the Planning Commission report dated November 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/14/98, and is incorporated herewith as part of this record by reference.

A copy of Judy McVay's letter dated November 13, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 11/14/98, and is incorporated herewith as part of this record by reference.)

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

Jonathan Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke against;

Carolyn Merck, 324 North Royal Street, spoke against; and

Gustavo Erostegvi, applicant, spoke in support and answered questions.

Council Member Walker stated that she would appreciate it if maybe we could talk about expanding the Park Alexandria program west of Washington Street.











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 approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended conditions #2 and #9. The voting was as follows:

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

22. SPECIAL USE PERMIT #98-0056 -- 1313-A POWHATAN STREET -- Public Hearing and Consideration of a request for a special use permit for storage trailers; zoned CSL/Commercial Service Low. Applicant: United States Patent Model Foundation.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 11/14/98, and is incorporated herewith as part of this record by reference.)

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 approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

23. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize the director of the department of recreation, parks and cultural affairs to designate parks, playgrounds and athletic fields, or portions thereof, which may be used by athletic leagues, and by teams and clubs associated with leagues, only with a permit issued by the department. (#13 11/10/98) [ROLL-CALL VOTE] (Mayor Donley)

(A copy of the City Manager's memorandum dated November 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 11/14/98, 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 Walker, seconded by Council Member Rich and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance reads as follows:
ORDINANCE NO. 4026

AN ORDINANCE to add a new Section 6-1-2.1 (SAME--PERMITS REQUIRED FOR DESIGNATED PARKS, PLAYGROUNDS, ETC. FOR USE BY LEAGUES, TEAMS, ETC.) to Chapter 1 (GENERAL PROVISIONS), Title 6 (PARKS, RECREATION AND CULTURAL ACTIVITIES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 1 of Title 6 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Section 6-1-2.1 to read as follows:

Sec. 6-1-2.1 Same — permits required for designated parks, playgrounds, etc., for use by leagues, teams, etc.

(a) The director of recreation, parks and cultural activities may designate parks, playgrounds and athletic fields, or any portions thereof, which may not be used by any league or other type of association of teams or clubs, or by any team, club or other group of individuals affiliated with any such league or association, without a permit issued by the department.

(b) The director shall cause one or more signs to be posted in a visible location in any park, and at any playground or athletic field, or portion thereof, that has been designated pursuant to subsection (a). Each such sign shall inform the public of the limitations imposed by subsection (a).

(c) No league or other type of association of teams or clubs shall cause or allow any of its teams, clubs or other affiliated groups to engage in any sport or athletic activity in or on, or to otherwise use, any park, playground or athletic field, or any portion thereof, that has been designated pursuant to subsection (a), without a valid permit issued by the department. Any officer or director of, or other person with administrative responsibilities for, a league or other type of association of teams or clubs, who knowingly violates this subsection or knowingly causes or allows a violation to occur, shall be liable for a class four civil penalty which shall be enforced pursuant to section 1-1-11 of this code.







(d) No member of a team, club or other group of individuals affiliated with any league or other type of association of teams or clubs shall engage in any sport or athletic activity in or on, or otherwise use, any park, playground or athletic field, or any portion thereof, that has been designated pursuant to subsection (a), without a valid permit issued by the department. Any such member who violates this subsection shall be liable for a class four penalty which shall be enforced pursuant to section 1-1-11 of this code.

Section 2. That this ordinance shall become effective on March 1, 1999.

KERRY J. DONLEY
Mayor

Introduction: 11/10/98
First Reading: 11/10/98
Publication: 11/12/98
Public Hearing: 11/14/98
Second Reading: 11/14/98
Final Passage: 11/14/98
* * * * *

24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 7-1600 of the Zoning Ordinance to change the requirements for the construction of more than eight townhouses in a row. (#14 11/10/98) [ROLL-CALL VOTE]


The City Clerk read the docket item.

It was noted that there 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 5-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The voting was as follows:

ORDINANCE NO. 4027

AN ORDINANCE to amend and reordain Section 7-1600 (TOWNHOUSES), of Article VII (SUPPLEMENTAL ZONE REGULATIONS) of the City of Alexandria Zoning Ordinance (TA NO. 98-0012).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:



Section 1. That Section 7-1600(D) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(D) No such special use permit shall be approved unless there is significant variation in the architectural details of individual units sufficient to break the mass of the group of the townhouses. The significant variation shall include at least two or more of the following:

2. significant variations in roof, including variation in roof-line, roof materials and roof types;

3. significant variations in fenestration;

4. significant variations in the setbacks of the townhouses; and

5. significant variations in other architectural treatments.

Section 2. That Section 7-1600 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: 11/10/98
First Reading: 11/10/98
Publication: 11/12/98
Public Hearing: 11/14/98
Second Reading: 11/14/98
Final Passage: 11/14/98
* * * * *

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE vacating a public right-of-way consisting of the interior court of the fire station property located at the corner of Powhatan and Second Streets, in the City of Alexandria. (#16 11/10/98) [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 Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4028

AN ORDINANCE to vacate the public right-of-way consisting of an interior courtyard at 900 Second Street, between First, Second and Powhatan Streets and Colonial Avenue, in the City of Alexandria, Virginia.

WHEREAS, the City of Alexandria ("City") has applied for the vacation of a 37,706 square foot parcel of public right-of-way consisting of an irregularly shaped parcel that extends from the existing rights-of-way of Powhatan and Second Streets, diagonally across the front lawn of Fire Station 54, around the fire station building, to and including its rear parking lot and access drives from Colonial Avenue and First Street.

WHEREAS, the 37,706 square foot parcel is shown on the plat prepared by Holland Engineering and dated January 9, 1998 ("Plat") (attached hereto); and

WHEREAS, the vacation of this parcel 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, in consideration of the report of the viewers recommending vacation and of other evidence relative thereto, 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; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the hereafter described parcel of property, as shown on the Plat, be, and the same hereby, is vacated:

Section 2. That this vacation be, and hereby is, subject to the conditions set forth below:

1. Perpetual easements shall be provided to the residential properties facing First and Second Streets and Colonial Avenue, which ensure them access to the rear of their properties.

2. The City shall prepare and record among the land records a plat that consolidates the parcel being vacated by this ordinance and the parcel containing Fire Station 54.

Section 3. 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 4. 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 5. 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 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. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA.

KERRY J. DONLEY
Mayor

Attachment: Vacation Plat

Introduction: 11/10/98
First Reading: 11/10/98
Publication: 11/12/98
Public Hearing: 11/14/98
Second Reading: 11/14/98
Final Passage: 11/14/98
* * * * *


27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment for window wells into the public right-of-way at 113 South Columbus Street, in the City of Alexandria. (#17 11/10/98) [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 5-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4029

AN ORDINANCE authorizing the owner of 113 South Columbus Street, and the owner's successors in title, to establish and maintain an encroachment into the public right-of-way of 113 South Columbus Street, in the City of Alexandria, Virginia.

WHEREAS, Robert Kaufman is the contract purchaser of the property located at 113 South Columbus Street, owned by Hopkins Investments, Inc.; and

WHEREAS, Robert Kaufman desires to establish and maintain a single window well with a metal grate which will encroach into the public right-of-way at 113 South Columbus Street; and

WHEREAS, the public right-of-way at that point on South Columbus 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 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 Robert Kaufman and his successors in and assigns (hereinafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way at 113 South Columbus Street in the City of Alexandria, said encroachment consisting of one grated window well projecting from Owner’s property approximately two feet into the South Columbus Street sidewalk public right-of-way, 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 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 Owner shall provide metal safety grates for the window well which meet the approval of the director of transportation and environmental services for the city.

Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated in the event that Robert Kaufman does not complete his purchase of the property at 113 South Columbus Street within 24 months of the effective date of this ordinance and, in addition, 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 8. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 11/10/98
First Reading: 11/10/98
Publication: 11/12/98
Public Hearing: 11/14/98
Second Reading: 11/14/98
Final Passage: 11/14/98
* * * * *




REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (28 - 32)

Planning Commission (continued)

28. SPECIAL USE PERMIT #98-0129 -- 4624 KING STREET -- CLAREMONT SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned OCM-100/Office Commercial Medium. Applicant: G. Tyson Hopkins Associates, by Gerard Tyson Hopkins, Jr.

29. SPECIAL USE PERMIT #98-0131 -- 3690 KING STREET, #Q -- BRADLEE SHOPPING CENTER -- STARBUCKS COFFEE COMPANY -- Public Hearing and Consideration of a request for a special use permit to change the hours of operation and increase the seating for the existing restaurant; zoned CG/Commercial General. Applicant: Starbucks Coffee Company, by David R. Soda.

30. SPECIAL USE PERMIT #98-0123 -- 501 NORTH HENRY STREET -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CSL/Commercial Service Low. Applicant: Rasoul Termeh, S & R Enterprises, Inc.

31. DEVELOPMENT SPECIAL USE PERMIT #98-0015 -- 201 NORTH QUAKER LANE -- DARTMOUTH PLACE -- Public Hearing and Consideration of a request for a cluster development special use permit, with site plan, to construct single-family dwellings; zoned R-20/Residential. Applicant: Equity Homes, by Duncan W. Blair, attorney.
32. SPECIAL USE PERMIT #98-0130 -- 2838 DUKE STREET -- DUKE STREET MOBIL -- Public Hearing and Consideration of a request for a review of a special use permit for an automobile service station; zoned CG/Commercial General. Applicant: Essam Danfora.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals.







New Business Item No. 3: The City Attorney provided Council with a memorandum dated November 14, 1998, pertaining to The Washington Post article on November 13, with respect to the incineration of "industrial waste" generated outside of Virginia, at the Alexandria/Arlington and Fairfax Countywaste-to-energy facilities. A copy of the memorandum is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of NB. 3; 11/14/1998, and is incorporated herewith as part of this record by reference.
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 5-to-0, at 2:35 p.m., the Public Hearing Meeting of Saturday, November 14, 1998, was adjourned. The voting was as follows:

Pepper "aye" Euille left meeting
Walker "aye" Cleveland absent
Donley "aye" Rich "aye"
Speck "aye"
* * * * *

APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:



______________________________________________
Beverly I. Jett, CMC City Clerk


The meeting was adjourned at 2:35 p.m.

This docket is subject to change.

* * * * *

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.
* * * * *
Public Notice

City Council will hold a Work Session to discuss Department Expenditure Activities, on Tuesday, November 17, 1998, at 6:30 p.m., in the Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.

Individuals with disabilities who require assistance or special arrangements to attend the City Council Work Session 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.
Public Notice

City Council will participate in a Pool Party on November 19, 1998, at 6:00 p.m., at the Radisson Hotel, 5000 Seminary Road, Alexandria, Virginia.

It is anticipated that more than two Members of Council will participate.
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Public Notice

City Council and the Alexandria School Board will hold a Joint Work Session to discuss Standards of Learning on Monday, November 23, 1998, at 6:30 p.m., at the Fire Department Training Center, located at the rear of the Lee Center, 1108 Jefferson Street, Alexandria, Virginia.

Individuals with disabilities who require assistance or special arrangements to attend the City Council Work Session 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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