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Public Hearing Meeting
Saturday, January 23, 1999 - - 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; Ms. Ross, Deputy Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Mrs. Godwin, Director of Management and Budget; Ms. Johnson, Division Chief, Planning and Zoning; Fire Chief Hawkins; Police Chief Samarra; Mr. Neckel, Director of Finance; Ms. Whitmore, Director of Parks, Recreation and Cultural Activities; 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, with Vice Mayor Euille and Council Member Rich arriving at 9:35 a.m., and Councilman Speck arriving at 10:05 a.m.

2. Public Discussion Period.

(a) Mildred Cruz-Fridman, Principal, James K. Polk Elementary School, spoke on behalf of the parents, staff and students to thank the City for its most generous contribution to the playground fund.

(b) Katie Jones, 959 Pegram Street, student, thanked the City for all the money it gave to help build a new playground at Polk School, and they also raised money for the school by doing fund-raisers.

(c) Emily Haitsuka, Thayer Avenue, student, gave a big thank you for the generous donation to the Polk playground fund, and thanked everyone for their support.

(d) Julie Crenshaw, 816 Queen Street, spoke to the recent survey done by the Chamber of Commerce relating to the Eisenhower Valley access, and a recent vote taken by the Eisenhower Partnership to ask the City to drop lawsuit.






Mayor Donley spoke to the composition of the Eisenhower Partnership of which he and the Vice Mayor are members, and it is meant to promote the economic development of the Eisenhower Valley. He was absent from the meeting at which the vote was taken, but had he been there he would have abstained from voting. Regarding Ms. Crenshaw's assertion about the access to Eisenhower Valley, that has always been an optional element in the Woodrow Wilson Bridge design from the beginning. It is an optional element that may or may not be added to the project whether it's ten or twelve lanes. Mayor Donley indicated that that is probably one of the most important aspects of the project in terms of the overall community with respect to traffic congestion if there is not direct access.

(e) Jack Sullivan, 4300 Ivanhoe Place, representing Seminary Hill Association, spoke about the endorsement by the Seminary Hill Association of the candidacy of Richard Leibach for re-appointment to a position on the Alexandria Planning Commission. He noted that Seminary Hill also endorsed the candidacies of Eric Wagner and John Komoroske. He added some words of his own on the behalf of Rich Leibach.

(A copy of the Seminary Hill Association's endorsement letter dated January 23, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (e); 1/23/99, and is incorporated herewith as part of this record by reference.)

(f) Judy McVay, North Columbus Street, representing the Old Town Civic Association and the Coalition for a Sensible Bridge, spoke to the recent survey by the Chamber of Commerce relating to the Woodrow Wilson Bridge. She also spoke to the OTCA survey.

(g) Mary Ellen Henry, Fordham Road, representing the Historic Alexandria Resources Commission, spoke to recommendations that HARC made in March 1998, to the newly formed Commission on Environmental Quality of Life. She spoke only to the first and foremost: "The City should update the nomination of the Old and Historic District to the National Register of Historic Places. More than thirty years have passed since the nomination was completed and submitted. The Old and Historic District created by City Ordinance under State law has been expanded and more is known about the resources included within the Historic District. The nomination to the National Register should be amended to include the resources within the City's District and other materials that characterize the latter. Such an updated nomination would have been very helpful in the City's efforts to prevent damage to the District from the Wilson Bridge replacement project and develop remediation for the bridge replacement effects."

(A copy of Ms. Henry's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (g); 1/23/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley requested the City Manager to look at the updated nomination and to respond back to the Council with an explanation and a plan in terms of Ms. Henry's testimony to Council today.

(h) Converse M. West, 200 North Pickett Street, #907, representing the Holmes Run Park Committee, stated that the Committee took a position on supporting the Coalition for a Sensible Bridge for a safe, sensible and small bridge.

(i) Katy Cannady, 20 East Oak Street, chair of the Federation of Civic Association's Task Force on the Potomac Yard, spoke to her attendance at Commonwealth Atlantic Properties' Community Meetings.

(A copy of Ms. Cannady's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (i); 1/23/99, and is incorporated herewith as part of this record by reference.)

(j) Robert Jordan, 2121 Jamieson Avenue, #1209, representing Eisenhower Civic Association and the Coalition for a Sensible Bridge, spoke to the off ramp that connects with Mill Road.

(k) John Chapman Gager spoke.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-7)

Planning Commission

Note: Docket Item No. 3 was removed from the Action Consent Calendar and considered under a separate motion.

After adoption of the Action Consent Calendar, Council reconsidered Docket Item No. 4, removed it from the Action Consent Calendar, and considered it under a separate motion.

4. 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.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/23/99, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #98-0140--1515 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a child care center; zoned CL/Commercial Low. Applicant: Zadie M. Hudson; Almost Home Family Child Development Center.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 1/23/99, and is incorporated herewith as part of this record by reference.)







6. SPECIAL USE PERMIT #98-0153--4626 KING STREET--CLAREMONT SHOPPING CENTER--FIVE GUYS RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to expand a restaurant; zoned OCM-100/Office Commercial Medium. Applicant: Five Guys, Inc., by Jerry Murrell.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/23/99, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #98-0155--2000 DUKE STREET--CARLYLE; TIME-LIFE BUILDING -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-1/Coordinated Development District. Applicant: Time-Life, Inc., by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/23/99, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Action Consent Calendar with the exception of docket item no. 3 which was considered under separate motion. The Planning Commission recommendations are as follows:

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

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

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

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.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

3. SPECIAL USE PERMIT #98-0111--1530 PRINCESS STREET, UNIT T-2 -- Public Hearing and Consideration of a request for a special use permit to operate a child care home; zoned RB/Residential. Applicant: Verdie V. Gadson.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 1/23/99, and is incorporated herewith as part of this record by reference.)

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

Verdie V. Gadson, 1530 Princess Street, Unit T-2, applicant, requested that the hours of operation be from 6:30 a.m. to 6:00 p.m. seven days a week.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended condition #2 to read: 2. The hours of operation shall be limited to between 6:30 a.m. and 6:00 p.m. seven days a week. The voting was as follows:

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

THEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council reconsidered docket item no. 4. The voting was as follows:

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

4. 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.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/23/99, and is incorporated herewith as part of this record by reference.)

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

William Cawood, 4963 Elm Street, Suite 103, Bethesda, MD, representing the applicant, requested that seating not be increased to 32, but remain at 20 patrons.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended condition #2, to read: 2. Seating shall be provided for no more than 20 patrons. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

8. Public Hearing and Consideration of Grant Application and Resolution of Support for the Designation of Alexandria as an Historic Site in the Virginia Civil War Trails Program. [#20 1/12/99] (ROLL-CALL VOTE) (Councilman Speck)

(A copy of the City Manager's memorandum dated January 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/23/99, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1905

WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation program may fund an enhancement project in the City Of Alexandria, Virginia;

NOW, THEREFORE, BE IT RESOLVED that the City of Alexandria requests the Commonwealth Transportation Board to establish a project for designating the City of Alexandria as a Civil War site in Virginia through an extensive statewide signage campaign, supported by brochures and other marketing tools, entitled "Virginia’s Civil War Trails";

BE IT FURTHER RESOLVED that the City of Alexandria, through the Alexandria Convention and Visitors Association, agrees to pay 20 percent of the total cost for signs and brochures for the City. This project is part of a grant application prepared by Virginia Civil War Trails.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

9. SUBDIVISION #98-0027 -- 204 Strand Street -- Public Hearing and Consideration of an appeal from a decision of the Planning Commission, on December 1, 1998, denying a request for a property subdivision located at 204 Strand Street, zoned W-1/Waterfront. Applicant and Appellant: John C. Richards, Frank Mann, and Robert Sweeney, by Robert J. Test, attorney.

COMMISSION ACTION: Denied 7-0

(A copy of the appeal is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 1/23/99, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 1/23/99, and is incorporated herewith as part of this record by reference.

A copy of the new condition for the subdivision appeal is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 9; 1/23/99, and is incorporated herewith as part of this record by reference.)

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

Robert Test, 301 North Pitt Street, attorney representing applicants, indicated that they agree to the proposed amendment.

Eric Wagner, representing the Planning Commission, spoke to the amendment.

There was a general discussion on this item by the City Council, the City Attorney, Mr. Test and Mr. Wagner.

John Chapman Gager spoke.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council overturned the recommendation of the Planning Commission, and approved the subdivision with the new condition that was submitted prior to Council's consideration which reads: "The owner of record of any lot created by this subdivision, shall, prior to filing any application under the zoning ordinance for the development or redevelopment of such lot, attempt to coordinate such development or redevelopment with the owners of the remaining lots. Any such application shall include a certification which demonstrates that such owner has diligently attempted, without success, to bring about a joint application for the three lots. Certification may consist of written communications between the applicant and the other owners indicating that a joint application will not be forthcoming." The voting was as follows:




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

10. SPECIAL USE PERMIT #98-0125--20 SOUTH QUAKER LANE, #220 -- Public Hearing and Consideration of a request for a special use permit to operate an automobile rental facility; zoned I/Industrial. Applicant: Enterprise Leasing Company, by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 1/23/99, and is incorporated herewith as part of this record by reference.)

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

Cathy Puskar, 110 West Nelson Avenue, attorney representing the applicant, spoke in support of this item.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland 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. The voting was as follows:

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

Without Objection, City Council considered docket item nos. 11, 12, and 13 together.

11. TEXT AMENDMENT #98-0015--REZONING #98-0002--5010 DUKE STREET--CAMERON STATION, PHASE II -- Public Hearing and Consideration of a request for a rezoning to change the CDD guidelines for the Cameron Station site; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/23/99, and is incorporated herewith as part of this record by reference.)










12. CDD CONCEPT PLAN #98-04--5010 DUKE STREET--CAMERON STATION, PHASE II -- Public Hearing and Consideration of a request for approval of an amendment to the Coordinated Development District (CDD) Concept Plan for the Cameron Station, Phase II development; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/23/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Calley's letter dated January 22, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 1/23/99, and is incorporated herewith as part of this record by reference.)

13. SPECIAL USE PERMIT #98-0090--5010 DUKE STREET--CAMERON STATION, PHASE II -- Public Hearing and Consideration of a request for an amendment to a development special use permit; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates L.L.C., by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/23/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Calley's letter dated January 22, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 1/23/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. West's letter dated January 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 12 and 13; 1/23/99, and is incorporated herewith as part of this record by reference.)

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

Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support with amendments.

There was a dialogue between Mr. Calley and the Members of Council.

Susan M. Walters, 50 South Pickett Street, #110, spoke against these items; a copy of Ms. Walters' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of these items.

Members of Council directed questions to Ms. Walters, and staff members Lynn and O'Kane.

Converse West, 200 North Pickett Street, representing the Holmes Run Committee, spoke against these items;

Charles R. Guthrie, 50 South Pickett Street, #110, spoke against these items;

Members of Council posed questions to Mr. Guthrie and staff member O'Kane.

John F. McGinley, Esquire, 627 South Washington Street, attorney representing Pickett Center Condominium, spoke against these items; a copy of Mr. McGuinley's letter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of these items; and

Jack Sullivan, 4300 Ivanhoe Place, representing Seminary Hill Association, requested the Council to sustain the action of the Planning Commission.

Attorney Calley offered his rebuttal.

A motion was made by Councilwoman Pepper, seconded by Council Member Walker, to move approval of that which is allowed for in the Master Plan and approve the applicant's request to increase the height to 55' in docket item no. 12; which motion was withdrawn after discussion.

12. and 13. WHEREUPON, a motion was made by Council Member Rich, seconded by Councilwoman Pepper, to refer this back to the Planning Commission, and to request a work session on this site with staff, developers and the Planning Commission.

There was discussion on this motion by City Council, Attorney Calley, and staff member Lynn.

Councilman Speck would like to know what the marketing information was. He questioned if the premise is correct going from two to three bedrooms means that you are encouraging more families, or is it just the nature of couples right now that they want larger units.

The applicant agreed to provide the marketing information as requested by Councilman Speck.

Mayor Donley spoke to the concern that's making Council increasingly uncomfortable and that is the changes the Council gets or the conditions that it gets the night before a meeting or the day of the meeting. He stated that we have to clean up that process a little bit and that is a message to all of the developers, their lawyers and our staff. Mayor Donley noted that Council is considering items that weren't considered before the Planning Commission. Council is considering items that often times are items or conditions that are drafted in the back room. We just need to do a better job both from a staff perspective, from a developer and legal perspective and from Council's perspective on these changes that come in the day of the meeting. He indicated that staff knows that nothing is going to happen on this until Council has the work session. We would ask the developer and the developer's counsel to provide appropriate submissions that are necessary for us to have staff evaluation and for Council to make a decision.









12. and 13. WHEREUPON, after considerable discussion, Council returned to the motion made by Council Member Rich, seconded by Councilwoman Pepper and changed to read as follows: City Council continued the public hearing on these items and deferred action to the February 20, 1999 public hearing meeting, asked for some kind of presentation, field trip or site visit or work session, also asked that the applicant and staff meet with the Pickett Street Center Condominium Owners about coming up with an acceptable screening scheme that would meet the concerns both short term and long term; which motion passed unanimously. The voting was as follows:

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

11. City Council noted the withdrawal of docket item no. 11, as presented by counsel for the applicant.

14. SPECIAL USE PERMIT #98-0154--699 PRINCE STREET -- Public Hearing and Consideration of a request for a special use permit for a reduction of off-street parking; zoned CD/Commercial Downtown. Applicant: National Center for Missing and Exploited Children, by Thadd A. Prisco, attorney.
(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 1/23/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Prisco's letter dated January 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 1/23/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley noted that representatives of the applicant were available for questions.

WHEREUPON, upon motion by Council Member Rich, 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. The voting was as follows:

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










15. SPECIAL USE PERMIT #98-0156--2300-2320 JEFFERSON DAVIS HIGHWAY; 403 FANNON STREET--EXXON SERVICE STATION -- Public Hearing and Consideration of a request for a special use permit to add a restaurant (delicatessen) to the existing convenience store and gasoline service station; zoned I/Industrial. Applicant: Exxon Corporation, by Jay du Von, attorney.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 1/23/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley noted that Jay du Von, 14717 Bayview Drive, Woodbridge, VA, attorney for the applicant, was available for questions.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille 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. The voting was as follows:

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

16. SPECIAL USE PERMIT #98-0157--2000-2004 MOUNT VERNON AVENUE--EVENING STAR CAFE/DAILY PLANET -- Public Hearing and Consideration of a request for a special use permit to add live entertainment to the existing restaurant and to amend permit conditions to allow sale of wines in quantities below 0.5 liter and fortified wines in the existing gourmet shop; zoned CL/Commercial Low. Applicant: Majestic Grill, Inc., trading as Evening Star Cafe, by Stephanie W. Babin.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 1/23/99, and is incorporated herewith as part of this record by reference.)

Council Member Walker recused herself from this action because she owns the building where this is located.

Vice Mayor Euille recused himself from this action because he has a financial relationship with this business.

Mayor Donley noted that Stephan W. Babin, applicant, was available for questions.







WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland 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 #5 and #22. The voting was as follows:

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

17. SPECIAL USE PERMIT #98-0158--700 KING STREET--XANDO RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Alexandria California Restaurants, Inc., by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/23/99, 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, and requested an increase in seating to 110 patrons, and to change the hours.

Mr. Calley stated that they will submit to the City a seating plan, what the improvements indoors are and where they are going to be. He will resubmit the floor plan to replace the one which the Council currently has.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended condition #2 and condition #5 to read as follows: 2. Seating shall be provided for no more than 110 patrons; and 5. The hours during which the business is open to the public shall be restricted to between 6:00 a.m. and 12:00 midnight Sunday through Wednesday, and between 6:00 a.m. and 1:00 a.m. Thursday through Saturday; and there will be no standees. The voting was as follows:

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









ORDINANCES AND RESOLUTIONS

18. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to extend, for calendar year 1999 only, the deadline for the payment of business license taxes from January 31 to February 16. (#19 1/12/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 1/23/99, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilman Speck, 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:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4032

AN ORDINANCE extending the due date for the payment of business license taxes for license year 1999, from January 31, 1999, to February 16, 1999.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, notwithstanding § 9-1-10 of The Code of the City of Alexandria, Virginia, 1981, as amended, the due date for the payment of business license taxes for license year 1999 shall be February 16, 1999.

Section 2. That, notwithstanding § 9-1-10.1 of The Code of the City of Alexandria, Virginia, 1981, as amended, the due date for the payment of the first installment of business license taxes for license year 1999 shall be February 16, 1999.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor
* * * * *

Introduction: 1/12/99
First Reading: 1/12/99
Publication: 1/13/99; 1/14/99
Public Hearing: 1/23/99
Second Reading: 1/23/99
Final Passage: 1/23/99

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (19 - 25)

Planning Commission (continued)

19. SPECIAL USE PERMIT #98-0147--835 SOUTH PAYNE STREET--WASTEWATER FACILITY - TRAILER -- Public Hearing and Consideration of a request for a special use permit for a temporary modular office (trailer); zoned UT/Utilities and Transportation. Applicant: Alexandria Sanitation Authority, by Gaylon Moomaw.

20. SPECIAL USE PERMIT #98-0151--1468-A NORTH BEAUREGARD STREET--HAMLET SHOPPING CENTER--SUBWAY -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-4/Coordinated Development District. Applicant: Subway Real Estate Corporation, by Christopher M. Decre.

21. SPECIAL USE PERMIT #98-0163--297 SOUTH VAN DORN STREET--VAN DORN PLAZA SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit to change the ownership and hours of operation and add seating to the existing restaurant; zoned CG/Commercial General. Applicant: Qadir, Inc., by Shamshad Ahmad.

22. DEVELOPMENT SPECIAL USE PERMIT #98-0021--4840 EISENHOWER AVENUE--AMERICAN LEGACY INSTITUTE -- Public Hearing and Consideration of a request for a development special use permit, with site plan and subdivision, to construct and operate a hotel and education center; zoned OCM-100/Office Commercial Medium. Applicant: American Legacy Institute, by Donald F. Simpson.

23. SPECIAL USE PERMIT #98-0126--4840 EISENHOWER AVENUE--AMERICAN LEGACY INSTITUTE -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) approval for a hotel and education center; zoned OCM-100/Office Commercial Medium. Applicant: American Legacy Institute, by Donald F. Simpson.

24. SPECIAL USE PERMIT #98-0143--6100 LINCOLNIA ROAD -- Public Hearing and Consideration of a request for a special use permit for a reduction of off-street parking for an office building; zoned CRMU-M/Commercial Residential Mixed Use. Applicant: Lion Recording, by Hal Lion.

25. MASTER PLAN AMENDMENT #98-0004--5010 DUKE STREET--CAMERON STATION, PHASE II -- Public Hearing and Consideration of a request for a master plan amendment to change the CDD guidelines for the Cameron Station site; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, by Cyril D. Calley, attorney.


[To Council for Informational Purposes Only]

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

City Council noted the deferrals and withdrawals.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, at 1:10 p.m., the Public Hearing Meeting of Saturday, January 23, 1999, was adjourned. The voting was as follows:

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




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:



______________________________________________
Beverly I. Jett, CMC City Clerk













This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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Public Notice

The Potomac West Community had a meeting for the members of the communities served by the various civic associations on Monday, January 18, 1999, from 6:00 p.m. to 8:00 p.m. at the Cora Kelly Recreation Center, 25 West Reed Avenue, as part of the Alexandria Call to Community Program. Refreshments were served from 6:00 to 6:30 p.m.

The Potomac West Community is comprised of Arlandria, Del Ray, Hume Springs, Lynhaven, Mount Jefferson, Sunnyside, and Warwick Village.

More than two Members of Council were in attendance.
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