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Public Hearing Meeting
Saturday, June 12, 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; Ms. Steele, Deputy City Manager; Ms. Johnson, Division Chief, Planning and Zoning; Ms. Beeton, Urban Planner II, Planning and Zoning; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Davis, Director of Housing; Mr. Jinks, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Mr. Neckel, Director of Finance; Mr. Dahlberg, Director of Code Enforcement; Mr. Caton, Legislative Director; Ms. Whitmore, Director of Recreation, Parks 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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City Council attended the dedication of Windmill Hill Park at 8:30 a.m. Persons gathered at the 500 Block of South Lee Street.
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OPENING

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

2. Public Discussion Period.

The following persons spoke during this period:

(a) Jesse Jennings, 1019 Oronoco Street, spoke to the redistricting plan of the Alexandria School Board;

(b) David Stephens, 111 East Alexandria Avenue, spoke to the redistricting plan of the Alexandria School Board;

(c) Bobbie Norris, 8 West Rosemont Avenue, spoke to the redistricting plan of the Alexandria School Board and budget issues;

(d) Don Bush, 3201 Landover Street, #622, spoke to the redistricting plan of the Alexandria School Board;

(e) Melissa Luby, 312 1/2 North Henry Street, spoke to the redistricting plan of the Alexandria School Board and budget issues;

(f) Robert Byrnes, 25 West Myrtle Street, spoke to the redistricting plan of the Alexandria School Board and budget issues;

(g) Nancy McCormick, 817 Little Street, chair, Special Education Advisory Committee, spoke to the redistricting plan of the Alexandria School Board;

(h) Pat Hennig, 5783 Rayburn Avenue, #311, spoke to the redistricting plan of the Alexandria School Board and budget matters;

Mayor Donley requested the City Manager to contact the Superintendent of Schools to arrange a meeting in the near future between the Mayor, the Vice Mayor, Chairman and Vice Chairman of the School Board, the Superintendent, the City Manager and the City Attorney to discuss some of the issues raised.

(A copy of the verbatim transcript of the above discussion is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 2(a-h); 6/12/99, and is incorporated herewith as part of this record by reference.)

(i) Vivian Thompson, 4900 Wethredsville Road, Baltimore, MD, spoke to funding of the Alexandria Boxing Club, the lack of communication with Parks and Recreation, requested reinstatement of the funding, and requested the extension of its lease at the Charles Houston Center;

(j) Joseph Cooper, 3348 Commonwealth Avenue, spoke in support of the Alexandria Boxing Club;

(A copy of a petition submitted by Mr. Cooper is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(j); 6/12/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley asked the City Manager and the Director of Recreation, Parks and Cultural Activities to sit down and confirm the figures that Council had during its budget discussions. If in fact the issue is lack of communication or miscommunication, Mayor Donley requested that that problem be solved. He stated he did not think it was the intent of the Council discussion to close the program down, and he does not think it was the intent not to renew the lease.

City Manager Lawson spoke to this issue.

(k) Lynette Hart, 121 East Raymond Avenue, spoke to the City Manager's After-School Task Force regarding the After-School Pilot Program;

Deputy City Manager Steele commented on this issue.





Mayor Donley reaffirmed that the program needs to be developed, it has to encompass the elements of a good, quality after-school program with an academic flavor to it, and the specifications of the pilot program should be developed by the City, then it should be bid out, and the Recreation Department should be a bidder in that process.

(l) Lee Zwanziger, 7438 Gadsby Square, speaking on behalf of the Friends of the Untouchables, spoke to the Community Partnership Fund for Human Services Grant and appreciated the support of the Council as they continue to help the young men in their development; and

(m) John Chapman Gager spoke.
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At this point, City Council considered docket item no. 25.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

Planning Commission

25. MASTER PLAN AMENDMENT #99-0007--REZONING #99-0008--309 NORTH PATRICK STREET -- Public Hearing and Consideration of a request for an amendment to the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan to change the land use designation from RM/Residential Medium and the zoning designation from RB/Residential to CL/Commercial Low, with proffer, for the subject property. Applicant: Ernestine G. Johnson.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/12/99, 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 Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the master plan amendment and the rezoning request subject to all applicable codes, ordinances and staff recommendations. The voting was as follows:

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








REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (3-14)

Planning Commission (continued)

WITHOUT OBJECTION, City Council removed docket item nos. 5, 7, and 12 from the Action Consent Calendar and considered them under separate motions.

3. DEVELOPMENT SPECIAL USE PERMIT #99-0020--835 SOUTH PAYNE STREET--WASTEWATER TREATMENT FACILITY -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, with modifications, to construct a building addition to the approved treatment facility; zoned UT/Utilities and OCM-100/Office Commercial Medium. Applicant: Alexandria Sanitation Authority (ASA), by Glenn B. Harvey.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 6/12/99, and is incorporated herewith as part of this record by reference.)

4. DEVELOPMENT SPECIAL USE PERMIT #99-0021--2181 JAMIESON AVENUE--CARLYLE, PHASE III -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, to increase the building height and to change requirements for parking setbacks from the street; zoned CO/Commercial Office. Applicant: IDI Carlyle West, LC, by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/12/99, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #99-0039--4300 KING STREET--COPELAND’S OF NEW ORLEANS -- Public Hearing and Consideration of a request for a special use permit to increase the seating and add live entertainment for the existing restaurant; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: Copeland’s of New Orleans, Inc., by Emerson W. Simmons, III.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/12/99, and is incorporated herewith as part of this record by reference.)









8. SPECIAL USE PERMIT #99-0043--190 SOUTH WHITING STREET--LANDMARK TOWERS MOBIL -- Public Hearing and Consideration of a request for amendment to a special use permit to construct an addition to the existing automobile service station, with modifications; zoned OCM-50/Office Commercial Medium. Applicant: Mobil Oil Corporation of 3225 Gallows Road, Fairfax, VA, John Kent Taylor, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/12/99, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #99-0047--4106 MOUNT VERNON AVENUE--PAPA JOHN’S PIZZA--SHOPS ON THE AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CL/Commercial Low. Applicant: Papa John’s Pizza, by William C. Thomas, Jr., attorney.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/12/99, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #99-0049--808-816 FRANKLIN STREET--GREENE FUNERAL HOME -- Public Hearing and Consideration of a request for a special use permit to expand a noncomplying use (funeral home); zoned CL/Commercial Low. Applicant: Nelson E. Greene.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/12/99, and is incorporated herewith as part of this record by reference.)

11. SPECIAL USE PERMIT #99-0053--5010 DUKE STREET--WEST END ELEMENTARY SCHOOL AT CAMERON STATION -- Public Hearing and Consideration of a request for a special use permit for a freestanding sign; zoned CDD-9/Coordinated Development District. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/12/99, and is incorporated herewith as part of this record by reference.)

13. SPECIAL USE PERMIT #99-0055--315 MADISON STREET--FLATBREAD’S--THE MONTGOMERY CENTER -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Kathleen Caples.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/12/99, and is incorporated herewith as part of this record by reference.)

14. SPECIAL USE PERMIT #99-0056--822 NORTH FAIRFAX STREET--PERK’S COFFEE SHOP--THE MONTGOMERY CENTER -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Perks, by Feri Kashani.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/12/99, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Action Consent Calendar as presented with the exception of docket item nos. 5, 7, and 12 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 all applicable codes, ordinances and staff recommendations.

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

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

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

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

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

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

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

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

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

5. SPECIAL USE PERMIT #99-0038--316 PRINCESS STREET -- Public Hearing and Consideration of a request for a special use permit to change the ownership of the existing dry cleaning facility; zoned RM/Residential. Applicant: Curtis I. Lee.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/12/99, and is incorporated herewith as part of this record by reference.)

Robert Test, 401 Wythe Street, attorney representing the applicant, was available to answer questions.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to all applicable codes, ordinances and staff recommendations, and the added Condition #7. The voting was as follows:

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

7. SPECIAL USE PERMIT #99-0041--1000 NORTH HENRY STREET--McDONALD’S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: McDonald’s Corporation, by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/12/99, and is incorporated herewith as part of this record by reference.)

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




Matt Tallmer, 1200 Braddock Place, representing Braddock Place Condominium Association, indicated they had a problem with the forty outdoor seats and requested some on-site security; and

Cathy Puskar, 2200 Clarendon Boulevard, Suite 1300, Arlington, VA, attorney representing the applicant, spoke to Mr. Tallmer's concerns.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to all applicable codes, ordinances and staff recommendations, and the amended Condition #2 regarding the hours of operation as described in the staff memo, and amended condition #26 to add "and posted" as follows: 26. ......outdoor seating shall be limited to between 8 a.m. and 9 p.m. daily and posted............ The voting was as follows:

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

12. SPECIAL USE PERMIT #99-0054--1250 NORTH PITT STREET--CHALLENGER CENTER -- Public Hearing and Consideration of a request for a special use permit for a commercial school; zoned CO/Commercial Office. Applicant: Challenger Center for Space Science Education, by Lynn D. Neil.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/12/99, 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. 12; 6/12/99, and is incorporated herewith as part of this record by reference.)

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

Vance R. Ablott, 1029 North Royal Street, representing the applicant, spoke in support and addressed concerns of neighbors; and

Fred Hempel, 519 Bellvue Place, representing the Pitt Street Station Homeowners' Association, spoke to the proposed memorandum of understanding which does not adequately address the neighbors' concerns.

Vance R. Ablott represented that they recognize Bellvue Place is a private road and they will take such reasonable steps to insure that the employees, visitors, clients and/or delivery personnel do not use Bellvue Place, will give directions in all of their written materials to their clients and visitors as to the proper location of the parking lot, and will provide, subject to City guidelines, proper signage to the parking access so that they can do all of those things. Their concern is that they do, in fact, have an access easement across that road and they don't like the terminology preclude or restrict or eliminate because those things imply a variation to the access permit that they don't know that they want to be able to or are in a position to sign. That's the only terminology that they are stumbling over and they have given them assurances that they would do that. They are willing to stand behind the letter given to them [Pitt Street Station Homeowners Association] on May 28, fully to say that they will do everything they can to reasonably solve that.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to all applicable codes, ordinances and staff recommendations, recognizing the representation by the two speakers that they are going to continue to work together to resolve any differences. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

15. DEVELOPMENT SPECIAL USE PERMIT #99-0024--3800 JEFFERSON DAVIS HIGHWAY--ALEXANDRIA TOYOTA -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, to change the lighting; zoned CDD-7/Coordinated Development District. Applicant: Alexandria Toyota, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/12/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's letter dated June 10, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 6/12/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Paslick's letter dated June 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 15; 6/12/99, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 15; 6/12/99, and is incorporated herewith as part of this record by reference.)

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

Ruby Tucker, representing Lynhaven Civic Association, spoke in support, and

Harry P. Hart, attorney for the applicant, spoke to the letter from Lincoln Properties that says that they have worked out a 1 footcandle on their borderline, and described the lighting which they would like to have as 61 footcandle average in the front, 34 footcandle in the middle, and 16 footcandle average in the rear.

Vice Mayor Euille noted for the record that even though the focus is on the lighting specifications, Mr. Taylor, based on staff recommendations, has agreed to approximately 63 conditions, and that is significant and should be noted accordingly.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council overturned the recommendation of the Planning Commission and approved the request, subject to all applicable codes, ordinances and staff recommendations, and to have the lighting that they would like to have as described on the record today, 61 footcandle average in the front, 34 footcandle average in the middle and 16 footcandle average in the rear. The voting was as follows:

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

16. SPECIAL USE PERMIT #99-0048--4555 SEMINARY ROAD -- Public Hearing and Consideration of a request for a special use permit to operate a private school; zoned R-8/Residential. Applicant: About Early Learning School, by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/12/99, and is incorporated herewith as part of this record by reference.

A copy of the City Attorney's memorandum dated June 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 6/12/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hobson's memorandum dated June 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 16; 6/12/99, 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. 4 of Item No. 16; 6/12/99, and is incorporated herewith as part of this record by reference.)

It was noted that an appeal has been filed regarding a zoning interpretation which stays consideration of the Council's request until such time as the Board of Zoning Appeals has heard the issue.











17. SPECIAL USE PERMIT #99-0051--206 NORTH WASHINGTON STREET--THE IRISH CHANNEL -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant with valet parking; zoned CD/Commercial Downtown. Applicant: Stack Enterprises, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/12/99, 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. 17; 6/12/99, and is incorporated herewith as part of this record by reference.)

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

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke in support;

Tom Stack, 5608 Berwyn Road, Berwyn Heights, MD, applicant, spoke in support;

Gerard P. Stack, 6113 43rd Street, Riverdale, MD, applicant, spoke in support;

Julie Crenshaw, 816 Queen Street, spoke against;

Edward Abramson, 216 North Washington Street, spoke against;

John O'Donnell, 704 North Columbus Street, spoke in support;

Jimmy Fagan, 7713 Ridgecrest Drive, spoke in support;

Charles Powers, 211 North Columbus Street, spoke against;

Pat Braun, 206 North Columbus Street, representing a neighbor and as Director of Old Town Civic Association, N.W., spoke against;

Kathleen M. Ryan, 800 South Saint Asaph Street, spoke in support;

Rhoda Geasland, 215 North Columbus Street, spoke against;

Judy McVay, 207 North Columbus Street, spoke against;

Caroline Eddins, 521 North Thomas Street, Arlington, VA, spoke in support;

James D. Barnette, 211 1/2 South Fayette Street, spoke in support;

Brad Kaiman, 214 North Columbus Street, spoke against;

Scott Monier, 718 Queen Street, spoke against;

Colleen Ryan Mallon, 8317 Orange Street, spoke in support;

Cary Gray, 601 South View Terrace, spoke in support;

Bill Carr, 7428 Old Dominion Drive, McLean, VA, representing the building's owners, spoke in support;

Carolyn Barnes, 825 Queen Street, spoke against;

David A Clanton, 202 North Columbus Street, spoke against;

Ellen A. Hennessy, 1926 Lawrence Street, N.E., Washington, D.C., spoke in support;

Christopher Cobb, 308 North Columbus Street, spoke in support;

Colin Dillon, 2059 Huntington Avenue, read a letter in support from Maureen Ryan, a resident; and

Jay Morgan, 905 North Overlook, spoke in support.

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

WHEREUPON, a motion was made by Councilman Speck and seconded by Council Member Walker to close the public hearing and defer this to the June 22 Legislative Meeting in order to work out the issues.

THEREUPON, a substitute motion was made by Councilwoman Pepper, seconded by Council Member Rich to support the Planning Commission recommendation and deny the request.

After considerable discussion on the merits of deferring, and with the suggestion that it be deferred to September with the option for public comment, Council Member Rich withdrew his second to the substitute motion as did Councilwoman Pepper, and Council returned to the amended main motion as follows:

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, City Council closed the public hearing and deferred this to the September Public Hearing Meeting with the understanding that it is in Council's purview to have public comment. The voting was as follows:

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









REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

18. Public Hearing on the Draft One-Year Action Plan (July 1, 1999 - June 30, 2000) for the Consolidated Plan for Housing and Community Development, which Includes the City's Applications for Community Development Block Grant (CDBG) and HOME Investments Partnerships (HOME) Funding.

(A copy of the City Manager's memorandum dated June 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/12/99, and is incorporated herewith as part of this record by reference.)

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

Jim Martin, 6126 Edsall Road, #302, representing the Conference of State Chairs, The Congress of Racial Equality, opposed using CBDG Grant funds with respect to Hopkins House, and was opposed to the process; and

Mayor Donley spoke to Mr. Martin's concerns.

Barbara A. Gilley, 145 Century Drive, #5101, representing the Commission on Persons with Disabilities, spoke to its concerns regarding the acute housing crisis facing people with disabilities in the City, and its specific recommendations on how we can begin to address the problems; a copy of Ms. Gilley's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item.

Mayor Donley requested staff to respond to Council about Ms. Gilley's concerns.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council held the public hearing on the above item, and scheduled consideration at its June 22, 1999 Legislative Meeting. The voting was as follows:

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

Whereupon, at 1:30 p.m., City Council recessed for fifteen minutes to have lunch.

Thereupon, at 1:45 p.m., City Council reconvened the meeting.











REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

19. SPECIAL USE PERMIT #99-0044--900 SECOND STREET--FIRE STATION #54 -- Public Hearing and Consideration of a request for a special use permit for a temporary trailer; zoned RB/Residential. Applicant: City of Alexandria, Department of General Services, by David B. Grover.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/12/99, 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 Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to all applicable codes, ordinances and staff recommendations, and the added condition #5. The voting was as follows:

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

20. VACATION #99-0001--EAST CAMPUS DRIVE AND WEST CAMPUS DRIVE--NORTHERN VIRGINIA COMMUNITY COLLEGE (NVCC) -- Public Hearing and Consideration of a request for vacation of the public street right-of-way; zoned RA/Residential and R-12/Residential. Applicant: City of Alexandria, Department of Transportation and Environmental Services, by J. Allen Martin, engineer, and appointment of viewers for same.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 6/12/99, 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.

Mayor Donley asked Transportation and Environmental Services Director O'Kane why the City was doing this.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to all applicable codes, ordinances and staff recommendations, and the added Condition #3. City Council authorized the Mayor to appoint viewers, and the Mayor subsequently appointed Donald Allen and Libby Cooperman as Viewers, and Paul Smedberg, chair. The voting was as follows:

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

21. DEVELOPMENT SPECIAL USE PERMIT #99-0005--5010 DUKE STREET--CAMERON STATION, PHASE V -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct residential development; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, L.L.C., by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/12/99, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, 112 South Alfred Street, attorney representing the applicant, spoke in support.

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

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

22. SPECIAL USE PERMIT #98-0100--5010 DUKE STREET--CAMERON STATION, PHASE V (TMP) -- Public Hearing and Consideration of a request for a special use permit to amend the approved transportation management plan (TMP) for Cameron Station to incorporate Phase V; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, L.L.C., by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/12/99, and is incorporated herewith as part of this record by reference.)

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

Duncan Blair, 112 South Alfred Street, attorney representing the applicant, spoke in support.





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

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

23. SPECIAL USE PERMIT #99-0034--200 NORTH WASHINGTON STREET -- Public Hearing and Consideration of a request for a special use permit for parking reduction for retail use; zoned CD/Commercial Downtown. Applicant: 206 Wash, L.L.C., Rajai Zumot.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/12/99, and is incorporated herewith as part of this record by reference.)

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

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke in support;

Julie Crenshaw, 816 Queen Street, spoke against;

Edward Abramson, 216 North Washington Street, spoke against;

Rhoda Geasland, 215 North Columbus Street, spoke against;

Judy McVay, 207 North Columbus Street, spoke against;

Charles Powers, 211 North Columbus Street, spoke against; and

Pat Braun, 206 North Columbus Street, representing Old Town Civic Association, spoke against.

Council Member Walker suggested that Council needs some kind of guidance on what to tell a property owner what he can be able to expect to use his property for if he has property on a six-lane road that is zoned CD. The City needs to give more guidance to the neighbors and the owners on what really can be expected.

Planning and Zoning Director Lynn stated that he would be happy to meet with the applicant to talk about a range of uses that can go at this site. There are a whole broad range of retail uses that would be fine. The ones that have problems are ones that have late-night impact or have peak impact.

Mayor Donley stated it is a good idea that staff sit down with the property owner to look at what might be a good use for that site.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council upheld the recommendation of the Planning Commission and denied the request. The voting was as follows:

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

24. REZONING #99-0006--407-409 EAST RAYMOND AVENUE--POTOMAC STATION -- Public Hearing and Consideration to change the zoning designation of the subject property from R-2-5/Residential to RB/Residential. Applicant: Francis S. Sievers.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/12/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Sievers' letter dated June 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 6/12/99, and is incorporated herewith as part of this record by reference.

A copy of the Del Ray Citizens Association's letter dated May 26, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 24; 6/12/99, 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.

Without objection, City Council noted the withdrawal of this item.
* * * * *

City Council considered docket item nos. 26 and 27 together and under one motion.

26. DEVELOPMENT SPECIAL USE PERMIT #99-0004--1200 FIRST STREET AND NORTH FAYETTE STREET--POTOMAC CLUB -- Public Hearing and Consideration of a request for reapproval of a development special use permit, with site plan, for construction of a multi-family project, with parking reduction, including a convenience delicatessen; zoned OCH/Office Commercial High. Applicant: Potomac Club Residences, Paradigm Development Company, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/12/99, and is incorporated herewith as part of this record by reference.)


27. SPECIAL USE PERMIT #99-0011--1200 FIRST STREET AND NORTH FAYETTE STREET--POTOMAC CLUB -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for a multi-family project; zoned OCH/Office Commercial High. Applicant: Potomac Club Residences, Paradigm Development Company, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/12/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's letter dated June 9, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 26 and 27; 6/12/99, and is incorporated herewith as part of this record by reference.)

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

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke in support and requested that condition #1 in item no. 26 be changed to 1.17 parking spaces per unit; and

Herb Cooper-Levy, 1527 Oronoco Street, representing the Colecroft Owners Association/Braddock Area Team, spoke in support.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the items as follows:

26. City Council approved the recommendation of the Planning Commission as amended, and approved the request, subject to all applicable codes, ordinances and staff recommendations, with a change in condition #1 to 1.17 parking spaces per unit.

27. City Council approved the recommendation of the Planning Commission and approved the request, subject to 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"

28. DEVELOPMENT SPECIAL USE PERMIT #99-0018--907 CHURCH STREET-- CHURCH STREET APARTMENTS -- Public Hearing and Consideration of a request for a development special use permit, with site plan, for residential apartments including a parking reduction and modifications; zoned RCX/Residential. Applicant: Robert L. and Lee Ann Kinzer.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/12/99, 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. 28; 6/12/99, and is incorporated herewith as part of this record by reference.)

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

Robert Kinzer, 2100 Pickwick Lane, applicant, spoke in support;

Eva S. Poling, 913 South Alfred Street, representing the Old Town/Hunting Creek Citizens Association, spoke in support;

Clifford Wilkening, 20 West Linden Street, representing owners of 911, 915 Church Street and 922, 918 South Patrick Street, spoke in support; and

Martha Bethea, 921 South Alfred Street, spoke in support.

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

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

29. DEVELOPMENT SPECIAL USE PERMIT #99-0022--318 NORTH FAIRFAX STREET--FAIRFAX ROW -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, for a shed; zoned CD/Commercial Downtown. Applicant: M. Scott DeCain.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/12/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. DeCain's fax dated June 9, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 6/12/99, 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. 3 of Item No. 29; 6/12/99, and is incorporated herewith as part of this record by reference.)

Without objection, City Council noted the withdrawal of this item.









30. DEVELOPMENT SPECIAL USE PERMIT #99-0023--304 NORTH FAIRFAX STREET--FAIRFAX ROW -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, for a shed; zoned CD/Commercial Downtown. Applicant: James and Susan Moore, by Paul R. Abramson.
(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/12/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Moore's letter dated June 8, 1999, together with a plat, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 6/12/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Abramson's letter dated June 8, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 30; 6/12/99, 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. 4 of Item No. 30; 6/12/99, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, 112 South Alfred Street, attorney representing the applicant, spoke in support;

Kevin Johnson, 309 North Royal Street, representing North Royal and Queen Street residents, spoke against;

Gebe Martinez Johnson, 309 North Royal Street, representing North Royal and Queen Street residents, spoke against; and

Paul Abramson, 112 South Alfred Street, representing applicant, spoke to the agreement.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a vote of 6-to-1, City Council overturned the Planning Commission recommendation and permitted the modified shed as represented in the letter of June 8, 1999, from James Moore, owner. The voting was as follows:

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







ORDINANCES AND RESOLUTIONS

31. Public Hearing, Second Reading and Final Passage AN ORDINANCE to grant to Ogden Martin Systems of Alexandria/Arlington, Inc., a lease, on a long-term basis, of two lots of city-owned real property on Eisenhower Avenue for use in providing vehicular access to waste-to-energy facility. (#14(b) 6/8/99) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated June 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/12/99, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. 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. 4050

AN ORDINANCE to grant to Ogden Martin Systems of Alexandria/ Arlington, Inc., its successors and assigns, a deed of lease, substantially in the form attached hereto, to a certain piece or parcel of public property known as Lot 500, as the same appears duly dedicated, platted and recorded in Deed Book 1667, at page 289, among the land records of the City of Alexandria, Virginia, and Lot 701, as the same appears duly dedicated, platted and recorded in Deed Book 1667, at page 298, among the land records of the City of Alexandria, Virginia (collectively, the “Property”), and located on Eisenhower Avenue, in the City of Alexandria, Virginia.

WHEREAS, pursuant to Ordinance No. 4038, enacted April 17, 1999, city council invited bids for the lease of the Property, in the manner and under the conditions set forth in the proposed ordinance that was contained within Ordinance No. 4038, and authorized the city clerk to cause advertisements of such invitation to be published for four successive weeks in a newspaper having general circulation within the City of Alexandria;

WHEREAS, in the four successive weeks following April 17, 1999, the city clerk caused such advertisements to be published in a newspaper having general circulation in the City of Alexandria;



WHEREAS, Ogden Martin Systems of Alexandria/Arlington, Inc. submitted a bid in writing to lease the Property, which was delivered to city council in open session and was read aloud on May 25, 1999, the deadline for the submission of bids as set by city council on April 17, 1999;

WHEREAS, no other bids to lease the Property were submitted to city council on or before May 25, 1999;

WHEREAS, city council, after due investigation and consideration, has determined that acceptance of the bid submitted by, and the lease of the Property to, Ogden Martin Systems of Alexandria/Arlington, Inc. are in the best interests of the residents of the City of Alexandria, and has therefore accepted the company’s bid; and

WHEREAS, city council has determined that the name of Ogden Martin Systems of Alexandria/Arlington, Inc. should be inserted in the proposed ordinance that was contained within Ordinance No. 4038; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That a deed of lease of the Property be, and hereby is, granted unto Ogden Martin Systems of Alexandria/ Arlington, Inc., and its successors and assigns (hereinafter referred to collectively as the “Grantee”), for the term and subject to the provisions, terms, conditions and limitations therein stated, which are hereby approved and incorporated herein by reference.

Section 2. That the right to enter into the deed of lease, hereby granted, be, and hereby is, awarded to the Grantee after due and repeated advertisement as required by law, wherein bids were invited, pursuant to the notice contained in Article II of Ordinance No. 4038, after the request for bids was duly closed and all bids were fully and carefully investigated and evaluated.

Section 3. That the city manager be, and hereby is, authorized to execute the deed of lease on behalf of the City of Alexandria.

Section 4. That the city clerk be, and hereby is, authorized and directed to attest the execution of the deed of lease and to affix thereon the official seal of the City of Alexandria.

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

KERRY J. DONLEY
Mayor

Attachment

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

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32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the far western portion of the Cameron Run Regional Park parcel, at 4001 Eisenhower Avenue, from POS/Public Open Space to I/Industrial, in conjunction with the proposed new animal shelter. (#15 6/8/99) [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 Councilman Speck and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4051

AN ORDINANCE to amend and reordain the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such master plan as Master Plan Amendment No. 99-0006 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment.

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

1. In Master Plan Amendment No. 99-0006, an application has been made to amend the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan (1998 ed.) of the City of Alexandria, by changing the land use designation of the far westerly portion of the Cameron Run Regional Park from POS/Public Open Space to I/Industrial, for use as the site of the new Alexandria Animal Shelter.

2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.
3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Land Use Plan Map of the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, be, and the same hereby is, amended to change the land use designation of the far westerly portion of the Cameron Run Regional Park from POS/Public Open Space to I/Industrial, as shown on the plat entitled “Revised Zoning Boundary, Alexandria Animal Shelter,” prepared by William H. Gordon, Associates, Inc., and bearing no date, attached hereto and incorporated fully herein by reference.

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan map amendment as part of the Seminary Hill/Strawberry Hill Small Area Plan Chapter of 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia.

Section 3. That the 1992 Master Plan (1998 ed.) of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia.

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

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

KERRY J. DONLEY
Mayor


Attachment

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *



plat


33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city zoning map to change the zoning designation of the far western portion of the Cameron Run Regional Park parcel at 4001 Eisenhower Avenue, from POS/Public Open Space to I/Industrial, subject to a proffer that limits the use of the parcel to the proposed animal shelter. (#16 6/8/99) [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 Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4052

AN ORDINANCE to amend and reordain Sheet No. 69.00 and Sheet No. 70.00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES), of the City of Alexandria Zoning Ordinance, by rezoning a portion of the property at 4001 Eisenhower Avenue (ZONING MAP AND TAX MAP PARCEL NO. 70.00-02-03) from the POS/Public Open Space and Community Recreation Zone to the I/Industrial Zone, subject to a proffer (REZ No. 99-0007), in accordance with the said zoning map amendment heretofore approved by city council.

WHEREAS, the City Council finds and determines that:

1. An application has been submitted to rezone a portion of the Cameron Run Regional Park, located at 4001 Eisenhower Avenue (Zoning Map and Tax Map Parcel No. 70.00-02-03), from the POS/Public Open Space and Community Recreation Zone to the I/Industrial Zone, for the new Alexandria Animal Shelter.

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

3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 69.00 and Sheet No. 70.00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

Subject, however, to the following proffer:

Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing amendment on the said map.

Section 3. That Sheet No. 69.00 and Sheet No. 70.00 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective on the date and at the time of its final passage.
KERRY J. DONLEY
Mayor

Attachment

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *


Insert plat


34. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city zoning map to correct the zoning designation of the eastern portion of the Cameron Run Regional Park parcel, at 4001 Eisenhower Avenue, by changing it from OCM-(100)/Office Commercial Medium to POS/Public Open Space. (#17 6/8/99) [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 Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4053

AN ORDINANCE to amend and reordain Sheet No. 70.00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by rezoning a portion of the property at 4001 Eisenhower Avenue (ZONING MAP AND TAX MAP PARCEL NO. 70.00-02-03) from the OCM(100)/Office Commercial Medium (100) Zone to the POS/Public Open Space and Community Recreation Zone, in accordance with the said zoning map amendment heretofore approved by city council (REZ No. 99-0007).

WHEREAS, the City Council finds and determines that:

1. The planning commission, on its own motion, has initiated the rezoning of the far easterly portion of the Cameron Run Regional Park, located at 4001 Eisenhower Avenue (Zoning Map and Tax Map Parcel No. 70.00-02-03) from the OCM(100)/Office Commercial Medium (100) Zone to the POS/Public Open Space and Community Recreation Zone, in order to correct the zoning of the said parcel to conform to the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia;

2. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 70.00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Rezoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing amendment on the said map.

Section 3. That Sheet No. 70.00 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Attachment: Rezoning Sketch Plan

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *



Insert Plat


35. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code so that the city's photo red light program includes the lessees and renters, as well as the registered owners, of motor vehicles. (#18 6/8/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 26, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/12/99, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4054

AN ORDINANCE to amend and reordain Section 10-3-833.01 (PHOTO-MONITORING OF TRAFFIC LIGHT SIGNALS) of Chapter 3 (OPERATION OF VEHICLES), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 10-3-833.01 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 10-3-833.01 Photo-monitoring of traffic light signals.

(a) It shall be unlawful for the operator of a motor vehicle to fail to stop or remain stopped when directed to do so by a steady red traffic light signal.

(b) For the purposes of this section, the following words shall have the meanings set out below:

(1) "System" means a traffic light signal violation-monitoring system that operates by means of a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of a vehicle at the time that the operator of the vehicle fails to stop or remain stopped at a steady red traffic light signal in violation of this section.

(2) "Owner" means the registered owner of a vehicle on record with the Department of Motor Vehicles.

(c) The city manager or the manager's designee may install and operate a System at no more than three intersections in the city, for the purpose of imposing monetary liability on the operator of a motor vehicle for failure to stop or remain stopped at a steady red traffic light signal.

(d) Proof of violation; presumption.

(1) Proof of a violation of this section shall be evidenced by information obtained from the System. A certificate, or a facsimile thereof, sworn to or affirmed by a technician employed by the city, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by the System, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate liability for a violation of this section.

(2) Prima facie evidence that the vehicle described in the summons issued pursuant to subsection (f) was operated in violation of this section, together with proof that the defendant was at the time of such violation the owner, lessee or renter of the vehicle, shall constitute in evidence a rebuttable presumption that the defendant was the person who committed the violation. This presumption shall be rebutted (i) if the owner, lessee or renter of the vehicle either files an affidavit by regular mail with the city manager or the manager's designee, or, following service of a summons under section 19.2-76.3 of the Virginia Code, with the clerk of the general district court, stating that he was not the operator of the vehicle at the time of the alleged violation, or testifies in open court under oath that he was not the operator of the vehicle at the time of alleged violation, or (ii) if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation, is filed with the city manager or the manager's designee, or, following service of a summons under section 19.2-76.3 of the Virginia Code, with the clerk of general district court prior to the return date established on said summons.

(e) The operator of a vehicle shall be liable for a monetary penalty of up to $50 if the operator is found, as evidenced by information obtained from the System, to have failed to comply with a steady red traffic light signal. No monetary penalty imposed under this section shall include court costs. Imposition of a penalty under this section shall not be deemed a conviction as an operator, and shall not be made part of the operating record of the person upon whom such liability is imposed; nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.

(f) A summons for a violation of this section may be executed pursuant to section 19.2-76.2 of the Code of Virginia (1950), as amended. Notwithstanding the provisions of section 19.2-76 of the Virginia Code, a summons for a violation of this section may be executed by mailing by first-class mail a copy of the summons to the address of the owner, lessee or renter of the vehicle as shown, in the case of vehicle owners, in the records of the Department of Motor Vehicles or, in the case of vehicle lessees or renters, in the records of the vehicle lessor or renter. Every such mailing shall include, in addition to the summons, a notice of:



(ii) instructions for filing such an affidavit, including the address to which the affidavit is to be sent.

If the summoned person fails to appear on the date of return set out in the mailed summons, the summons shall be executed in the manner set out in section 19.2-76.3 of the Virginia Code. No proceedings for the contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons.

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

KERRY J. DONLEY
Mayor

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

36. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to clarify the rate that is to be used in the computation of the city's meal sales tax. (#19 6/8/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 27, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/12/99, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:


ORDINANCE NO. 4055

AN ORDINANCE to amend and reordain Section 3-2-245 (REPORTS AND REMITTANCES) of Article N (TAX ON MEALS SOLD BY RESTAURANTS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-245 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-245 Reports and remittances.

Every seller shall make a report for each calendar month, showing the amount of meal charges collected and the tax required to be collected, upon forms setting forth such other information as the director may prescribe and require, and shall sign and deliver the report to the director with remittance of the tax. These reports and remittances shall be made to the director on or before the last day of the calendar month following the month being reported. The tax required to be collected shall be computed by the seller in accordance with section 3-2-242, and shall be remitted to the director in that amount.

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

KERRY J. DONLEY
Mayor

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

37. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to conform with recent amendments to the state code concerning the licensure of out-of-state contractors. (#20 6/8/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 26, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/12/99, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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


WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. 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. 4056

AN ORDINANCE to amend and reordain subsection (b) of Section 9-1-79 (CONTRACTORS AND CONTRACTING) of Article C (NONREGULATORY LICENSES), Chapter 1 (BUSINESS LICENSES), Title 9 (LICENSING AND REGULATION) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (b) of Section 9-1-79 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 9-1-79 Contractors and contracting.
* * *

(b) Notwithstanding any contrary provision of this chapter, (i) every person who engages in the business of a contractor in the city, and who maintains a definite place of business in the state, but not in the city, shall not be liable for any license tax under this section, unless the gross receipts received in any year by such person from business conducted in the city exceed $25,000, in which event the person shall pay the city a license tax at the rate set forth in subsection (a) above; and (ii) every person who engages in the business of a contractor in the city for less than thirty days in a license year, and who does not maintain a definite place of business in the state shall not be liable for any license tax under this section, unless the gross receipts received in any year by such person from business conducted in the city exceed $25,000, in which event the person shall pay the city a license tax at the rate set forth in subsection (a) above.

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

KERRY J. DONLEY
Mayor

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

38. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to establish a procedure whereby property owners may authorize the police department, acting through its employees, to forbid persons from entering or remaining on the owner's property, for purposes of the city's trespass laws. (#21 6/8/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 26, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 6/12/99, 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 Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4057

AN ORDINANCE to amend and reordain Section 13-1-33 (TRESPASS AFTER HAVING BEEN FORBIDDEN TO DO SO) of Chapter 1 (GENERAL OFFENSES), Title 13 (MISCELLANEOUS OFFENSES) of The Code of the City of Alexandria, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 13-1-33 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 13-1-33 Trespass after having been forbidden to do so.

(a) If any person shall, without authority of law, go upon or remain upon the lands or premises of another, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge of the property, or after having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or part, portion or area thereof at a place or places where it or they may be reasonably seen, he shall be guilty of a class 1 misdemeanor.




(b) The owner of real property may designate the Alexandria police department as a “person lawfully in charge of” the owner’s property, under subsection (a). With such a designation, the department, acting through its sworn officers, may forbid persons to go or remain upon all or any portion of the owner’s real property, including any building, structure or other premises located upon the property. Such designation must be in writing on a form provided by the chief of police. The designation shall include the following information:

(1) the name and signature of the property owner making the designation;

(2) the property owner’s residence address or, if the property owner is an entity, the owner’s principal place of business;

(3) the address of the property to which the designation applies;

(4) if the designation does not apply to all of the property, a description of the particular buildings, structures or other areas of the property to which the designation applies; and

(5) the inclusive dates during which the designation shall be in effect; provided, that a designation made pursuant to this section shall not be for a period greater than six months.

The written designation shall be kept on file in the police department for the duration of the designation. The designation may be rescinded at any time upon the written notice of the property owner.

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

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

39. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to provide for the payment of interest on tax refunds issued by the city, and, effective January 1, 2000, to revise the rate of interest to be paid on tax refunds and to be charged on delinquent taxes. (#22 6/8/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 21, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 6/12/99, 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 Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4058

AN ORDINANCE to amend and reordain Section 3-2-9 (REFUND OF LOCAL TAXES) of Article A (GENERAL PROVISIONS), Section 3-2-146 (PENALTY AND INTEREST FOR NONPAYMENT) of ARTICLE K (TRANSIENT LODGING TAX), Section 3-2-183 (DELINQUENT TAXES; PENALTY AND INTEREST) of Division 1 (REAL ESTATE) and Section 3-2-230 (WHEN TAXES DUE; DELINQUENT TAXES; PENALTY) of Division 3 (TANGIBLE PERSONAL PROPERTY AND MACHINERY AND TOOLS), Article M (LEVY AND COLLECTION OF PROPERTY TAXES), Section 3-2-248 (PENALTY AND INTEREST FOR FAILURE TO REMIT TAXES WHEN DUE) of ARTICLE N (TAX ON MEALS SOLD BY RESTAURANTS), Section 3-2-363 (PENALTIES AND INTEREST; FAILURE TO FILE RETURN OR PAY OVER TAXES COLLECTED) of Article T (DAILY RENTAL TAX), Section 3-2-369 (PENALTIES AND INTEREST) of Article U (ENHANCED EMERGENCY TELEPHONE SERVICE, E-911, TAX), of Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT), and Section 9-1-46 (INTEREST ON LATE PAYMENTS AND REFUNDS) of Article A (General Provisions), Chapter 1 (BUSINESS LICENSES), Title 9 (LICENSING AND REGULATION), all of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-9 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-9 Refund of local taxes.

(a) Except as provided in subsection (b), any person who is aggrieved by an assessment of local taxes may apply to the director for correction of the assessment. Application for correction of the assessment shall be made on a form prepared by the director or as otherwise prescribed by the director. When the director is satisfied that an erroneous assessment has been made, he shall reduce the amount of assessed taxes and refund any taxes that have been paid in excess of that amount, together with any penalties and interest that have been paid on that amount.




(b) Any person who is aggrieved by an assessment of real property taxes may apply to the director of the department of real estate assessments for correction of the assessment. Application for correction of the real property assessment shall be made on a form prepared by the director of the department of real estate assessments or as otherwise prescribed by said director. When the director of the department of real estate assessments is satisfied that an erroneous assessment has been made, he shall certify to the director the amount of the erroneous assessment, and the director shall reduce the amount of assessed taxes and refund any taxes that have been paid in excess of that amount, together with any penalties and interest that have been paid on that amount.

(c) Beginning on July 1, 1999, interest shall be paid on any refund of taxes which is the result of an erroneous assessment. Interest payable on such a refund shall begin to accrue on the later of the date on which the tax payment giving rise to the refund was due, or the date on which payment was made, and shall continue to accrue until the date the refund is paid. Interest shall be calculated separately for each day during the period interest accrues on the refund, and the daily rate shall equal the rate that would be used on that same day to calculate the interest to be paid on delinquent taxes of the same type which began to accrue interest on the first day following the day such taxes were due. Interest shall not be paid on any refund that is not the result of an erroneous assessment. A refund is the result of an erroneous assessment if the refund is pursuant to (i) an application for correction of an erroneous assessment under this section, (ii) an application for correction of an erroneous assessment under section 58.1-3980 of the Code of Virginia (1950), as amended, (iii) an application for correction of an assessment under section 58.1-3703.1 or 58.1-3983.1 of the Code of Virginia (1950), as amended, or (iv) an application to a court for correction of an erroneous assessment under section 58.1-3984 of the Code of Virginia (1950), as amended. Refunds which are not the result of an erroneous assessment shall include, but not be limited to, (i) any statutory relief provided in accordance with section 58.1-3516 of the Code of Virginia (1950), as amended, and (ii) any refund of duplicate payments that are not the result of duplicate assessments for the same tax.

(d) In no event may the director reduce an assessment of taxes or refund taxes when the reduction or refund is barred by law.

Section 2. That Section 3-2-146 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-146 Penalty and interest for nonpayment.

If any person shall fail or refuse to remit to the director the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the director a penalty of 10 percent of the tax past due or the sum of $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of tax due. In addition thereto, interest on the taxes and penalty shall commence on the first day following the day such taxes are due and shall continue until all such taxes and penalty are paid. Such interest shall accrue at the rate of 10 percent per annum for the first year such taxes and penalty remain unpaid and thereafter at the rate of five percent per annum.

Section 3. That Section 3-2-183 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-183 Delinquent taxes; penalty and interest.

(a) Whenever any taxpayer shall fail, neglect or refuse to pay the first one-half installment of his taxes on or before June 15 of the current year, the amount of that installment shall be delinquent as of that date, and if the second installment is not paid on or before November 15 of the current year, the amount of the second installment shall be delinquent as of that date. Any payment made on real estate taxes after penalty has accrued on the first one-half installment shall be applied first to the payment of the said first one-half installment.

(b) To all real estate taxes that are delinquent there shall be added and collected as a part thereof a penalty as follows: On the first one-half installment, a penalty of 10 percent of the installment or $10, whichever is greater, if not paid on or before June 15 of the tax year for which the tax is levied; and on the second one-half installment, a penalty of 10 percent of that installment or $10, whichever is greater, if not paid on or before November 15 of the tax year; provided, however, that the penalty shall in no case exceed the amount of tax due. In addition thereto, interest on the taxes and penalty shall commence on the first day following the day such taxes are due and shall continue until all such taxes and penalty are paid. Such interest shall accrue at the rate of 10 percent per annum for the first year such taxes and penalty remain unpaid and thereafter at the rate of five percent per annum.

Section 4. That Section 3-2-230 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-230 When taxes due; delinquent taxes; penalty.

(a) The taxes levied on tangible personal property, on machinery and tools, and on mobile homes, motor vehicles, boats and trailers, except those which become subject to said tax after September 5, shall be due and payable to the director on or before October 5 of the year for which they are levied and shall be considered delinquent after that date. To all of said taxes so delinquent there shall be added and collected as a part thereof a penalty of 10 percent or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of tax due. In addition thereto, interest on the taxes and penalty shall commence on the first day following the day such taxes are due and shall continue until all such taxes and penalty are paid. Such interest shall accrue at the rate of 10 percent per annum for the first year such taxes and penalty remain unpaid and thereafter at the rate of five percent per annum. There shall also be due, in addition to all penalties and interest, a fee for administrative costs incurred in the collection of such taxes, not to exceed the maximum permitted under section 58.1-3958 of the Code of Virginia (1950), as amended.

(b) The taxes levied on motor vehicles, boats and trailers which become subject to taxation between September 6 and December 31 of any given year shall be due and payable not more than 30 days after they become so subject to taxation. These taxes shall be considered delinquent if not paid on or before the thirtieth day from the date any motor vehicle, boat or trailer becomes subject to taxation. To all taxes so delinquent, there shall be added and collected as a part thereof, a penalty of 10 percent or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of tax due. In addition thereto, interest on the taxes and penalty shall commence on the first day following the day such taxes are due and shall continue until all such taxes and penalty are paid. Such interest shall accrue at the rate of 10 percent per annum for the first year such taxes and penalty remain unpaid and thereafter at the rate of five percent per annum. There shall also be due, in addition to all penalties and interest, a fee for administrative costs incurred in the collection of such taxes, not to exceed the maximum permitted under section 58.1-3958 of the Code of Virginia (1950), as amended.

Section 5. That Section 3-2-248 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-248 Penalty and interest for failure to remit taxes when due.

If any person whose duty it is to do so shall fail or refuse to remit to the director the tax required to be collected under this article within the time and in the amount specified in this article, there shall be added to the tax by the director a penalty of 10 percent of the tax past due or the sum of $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of tax due. In addition thereto, interest on the taxes and penalty shall commence on the first day following the day such taxes are due and shall continue until all such taxes and penalty are paid. Such interest shall accrue at the rate of 10 percent per annum for the first year such taxes and penalty remain unpaid and thereafter at the rate of five percent per annum.

Section 6. That Section 3-2-363 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-363 Penalties and interest; failure to file return or pay over taxes collected.

If any person engaging in a certified short-term rental business fails or refuses, within the time specified in this article, to file a return required by section 3-2-361 or to remit to the director the taxes required to be collected, and paid along with said returns, there shall be added to the taxes past due a penalty equal to 10 percent of such taxes or the sum of $10, whichever is greater; provided, that the penalty shall in no case exceed the amount of taxes due. In addition, interest on both the overdue taxes and the penalty shall commence on the first day following the day such taxes are due and shall continue until all taxes and penalties are paid. Such interest shall accrue at the rate of 10 percent per annum for the first year such taxes and penalty remain unpaid and thereafter at the rate of five percent per annum. The imposition of a penalty under this section shall not be deemed a defense to any criminal prosecution for failure to comply with any of the requirements of this article.

Section 7. That Section 3-2-369 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:




Sec. 3-2-369 Penalties and interest.

(a) If a seller required to collect taxes, or a purchaser required to pay taxes, pursuant to this section fails or refuses to remit, pay or report the taxes collected or due within the time and in the amount specified by this section, there shall be added to such delinquent remittance or tax a penalty of ten percent of the remittance or tax due.

(b) In addition to all penalties, interest shall be charged on all taxes and penalties not remitted by a seller or paid by a purchaser when due. Such interest shall accrue at the rate of 10 percent per annum for the first year such taxes and penalties remain unpaid and thereafter at the rate of five percent per annum. Interest shall begin to accrue on the first day following the day on which remittance of taxes was due to the director or on which the payment of taxes was due to the seller.

Section 8. That Section 9-1-46 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 9-1-46 Interest on late payments and refunds.

(a) Interest shall be charged on late payments of the license tax from the thirty-first day following the date payment was due until the date payment is made without regard to fault or other reason for the lateness of the payment. Such interest shall accrue at the rate of 10 percent per annum for the first year such tax remains unpaid and thereafter at the rate of five percent per annum.

(b) Whenever an assessment of additional or omitted tax by the director is found to be erroneous, all interest and penalty charged and collected on the amount of the assessment found to be erroneous shall be refunded.

(c) Interest shall be paid on the refund of any license tax, whether attributable to an amended return or other reason, at the rate specified in subsection (a) above for late payments of the license tax. Interest on refunds shall not begin to accrue until 30 days have passed from the date of payment or the due date, whichever is later, and shall otherwise be determined in accordance with section 3-2-9(c).

Section 9. That Section 1 of this ordinance shall become effective on July 1, 1999, and Sections 2 through 8 shall become effective on January 1, 2000.

KERRY J. DONLEY
Mayor

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

40. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of the city code relating to inoperative motor vehicles (i) to revise the definition of such vehicles, and (ii) to have the regulations for such vehicles apply to all private properties in the city, except those zoned for industrial purposes. (#23 6/8/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 6/12/99, 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 Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4059

AN ORDINANCE to amend and reordain Section 5-8-61 (DEFINITIONS), Section 5-8-62 (DECLARED NUISANCE), Section 5-8-63 (UNLAWFUL TO KEEP; EXCEPTIONS), Section 5-8-64 (REMOVAL OF INOPERABLE VEHICLE; REMEDIES FOR FAILURE TO REMOVE; COSTS) and Section 5-8-65 (CIVIL VIOLATION AND PENALTY), all of Article D (INOPERABLE MOTOR VEHICLES), Chapter 8 (PARKING AND TRAFFIC REGULATIONS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-8-61 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-8-61 Definitions.

The following terms shall, for purposes of this article, have the meanings set forth below.

(1) Motor vehicle or vehicle means any motor vehicle, trailer or semitrailer, or any part thereof, as defined in section 46.2-100, Code of Virginia (1950), as amended.



(2) Inoperable motor vehicle means any motor vehicle which:

(i) is not in operating condition;

(iii) does not display valid state license plates; or

(iv) does not display a valid state inspection decal.

(3) Shielded or screened from view means hidden from sight, from any ground level location, by plantings or fences.

Section 2. That Section 5-8-62 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-8-62 Declared nuisance.

The keeping by any person, firm or corporation, except within a fully enclosed building or structure or otherwise shielded or screened from view, of any inoperable motor vehicle on any private property in the city, except property zoned for industrial purposes, is detrimental to the public health, safety and welfare, and is hereby declared to constitute a public nuisance.

Section 3. That Section 5-8-63 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-8-63 Unlawful to keep; exceptions.

It shall be unlawful for any person, firm or corporation to keep on any private property in the city, except property zoned for industrial purposes, an inoperable motor vehicle, unless it is located within a fully enclosed building or structure or is otherwise shielded or screened from view. It shall also be unlawful for any person, firm or corporation to keep on any private property in the city, except property zoned for industrial purposes, more than one inoperable motor vehicle, located outside of a fully enclosed building or structure, which is shielded or screened from view. However, the provisions of this article shall not apply to a licensed business which is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. Nor shall the provisions of this article apply to any antique motor vehicle, as defined in section 46.2-100, Code of Virginia (1950), as amended, so long as a bona fide effort is being made to repair or restore the vehicle and it is shielded in a manner to protect it from the weather and to make it unsuitable for rodent harborage.

Section 4. That Section 5-8-64 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:



Sec. 5-8-64 Removal of inoperable vehicle; remedies for failure to remove; costs.

(a) The occupant, and if different the owner, of the private property on which an inoperable motor vehicle is being kept in violation of this article shall be provided a written notice of said violation. The notice shall be provided by the fire marshal or the fire marshal's designee, or another city employee designated by the city manager, shall be posted both on the inoperable vehicle and in a conspicuous place on the property and, where the owner of the property is not its occupant, shall be mailed, by first class mail, to the owner at the address maintained by the city's office of real estate assessments. The notice shall identify the inoperable vehicle, describe the conditions of the vehicle which render it inoperable and in violation of this article, and shall state that, unless the conditions are remedied by a specified date, which date shall be at least five days following the date on which the notice is posted or, if applicable and later, the date on which the notice was mailed, the vehicle will be removed by the city to an impoundment facility. In the event that the inoperable vehicle remains on the property after the date specified in the notice, the fire marshal or the fire marshal's designee, or another city employee designated by the city manager, may remove the vehicle and place it in the city's impoundment yard or another impoundment facility.

(b) Within five days of any removal under subsection (a), the fire marshal or the fire marshal's designee shall provide a written notice to the owner, and if different the occupant, of the property from which the inoperable motor vehicle was removed and, if different, to the owner of record of the impounded vehicle. The notice shall be sent by registered or certified mail, return receipt requested, and shall state the following: (i) the year, make, model and serial number of the impounded vehicle; (ii) the location of the impoundment yard where it is being held; (iii) that the owner of the vehicle and any person having a security interest in the vehicle may reclaim the vehicle within 15 days from the date of the notice, after the payment of all removal and storage costs resulting from the removal and storage of the vehicle, and after providing an assurance that the vehicle will be brought into compliance with this article; and (iv) that the failure of the vehicle owner to reclaim the vehicle within the time provided shall constitute both a waiver by the owner of all right, title and interest in the vehicle, and the owner's consent to the disposition of the vehicle by the city. If the inoperable vehicle is not reclaimed within the time specified in the notice, the city may dispose of the vehicle.

(c) The costs incurred by the city in removing, storing and disposing of an inoperable motor vehicle in excess of any proceeds derived from the sale of the vehicle shall be assessable against the owner of the property from which the vehicle was removed, the occupant of the property on the date the vehicle was removed, and the owner of the vehicle, and may be collected as taxes and levies are collected. The costs assessed against the owner of the property from which the vehicle was removed shall constitute a lien against such property, and the lien shall continue until actual payment of the costs have been made.

Section 5. That Section 5-8-65 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:



Sec. 5-8-65 Civil violation and penalty.

A person receiving a notice under section 5-8-64(a) which describes the conditions of a motor vehicle that render the vehicle inoperable shall remove or otherwise remedy the conditions within the time period set out in the notice, and failure to do so shall constitute a violation of this section. Said violation shall be a class four civil violation which shall be enforced through the levying of a civil penalty pursuant to section 1-1-11 of this code; provided, that the penalty shall be $100 for a person's first violation of this section occurring in any six-month period, shall be $250 for a person's second violation occurring within the six-month period, and shall be $500 for each additional violation by a person occurring the six-month period.

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

KERRY J. DONLEY
Mayor

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

41. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code (i) to require that the city's community policy and management team include a member of the city council or a city official appointed by council, and (ii) to provide that parents may be a member of the team, even if they are employed by an agency which is represented on the team, so long as the parents, while in that employment, do not directly and regularly interact with children. (#24 6/8/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 6/12/99, and is incorporated herewith as part of this record by reference.)

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

Juliet Choi, 5375 Duke Street, #1605, chair, CPMT, suggested that you keep the Director of Financial and Information Technology Services as a member or add a City Council Member; and

Nancy Cady, 3731 Ingalls Avenue, spoke against the proposed change and suggested that a Member of Council be appointed.

Councilman Cleveland volunteered to be Council's representative on this Team.




WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage, as amended by inserting after the colon in line four of Sec. 12-12-2 the words: "a Member of City Council." The voting was as follows:

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

The ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 4060

AN ORDINANCE to amend and reordain section 12-12-2 (COMPOSITION; APPOINTMENT; TERMS AND COMPENSATION OF MEMBERS; FILLING VACANCIES), of Chapter 12 (ALEXANDRIA COMMUNITY POLICY AND MANAGEMENT TEAM) of Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 12-12-2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 12-12-2 Composition; appointment; terms and compensation of members; filling vacancies.

The community policy and management team created by section 12-12-1 shall consist of nine members. Six of the nine members shall be the following public officials or the designees of such officials: a member of city council, the city manager, the executive director of the Alexandria community services board, the director of the Alexandria juvenile court services unit, the director of the city's department of health, the director of social services within the city's department of human services, and the superintendent of schools. The remaining three members of the team shall be a representative of a private organization or association of providers of children's or family services whose office is located within the city, and two parent representatives; provided, that a person who is employed by a public or private program which receives funds pursuant to the Comprehensive Services Act, Virginia Code § 2.1-745 et seq., or by an agency represented on the team may serve as a parent representative only if the person does not, as a part of such employment, interact directly on a regular and daily basis with children or supervise employees who interact directly on a daily basis with children; provided further, that the foregoing restriction regarding a parent representative shall not apply to foster parents. All members of the team shall be appointed by city council and shall serve for a term of two years; provided, that the private provider representative and the parent representative members shall be appointed by council, upon the recommendation of the public official members of the team. All members of the team shall file the financial disclosure form required by section 2-5-11 of this code, and their filing shall be in accordance with the provisions of said section. Any vacancy occurring in the provider representative or parent representative positions on the team shall be filled for the balance of the unexpired term in the same manner as original appointments to such positions are to be made. Members of the team shall serve without compensation, but may receive such reimbursement for expenses as city council may allow.

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

KERRY J. DONLEY
Mayor

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

42. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance to allow, with a special use permit, temporary school trailers in the Public Open Space zone, so long as the trailers are used in conjunction with a public school that is located on adjacent property. (#25 6/8/99) [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 Vice Mayor Euille and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4061

AN ORDINANCE to amend and reordain Section 6-105 (SPECIAL USES), under Section 6-100 (POS/PUBLIC OPEN SPACE ZONE), of Article VI (SPECIAL AND OVERLAY ZONES) of the City of Alexandria Zoning Ordinance (TA NO. 98-0004).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section of 6-105 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (I) to read as follows:

(I) Temporary public school classroom trailers in conjunction with adjacent public schools. This subsection shall expire on June 30, 2001. Any trailers permitted under the authority of this subsection shall be removed by that date.

Section 2. That Section 6-105 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: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

43. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance to place upon the landowner or developer, rather the city, the responsibility for preparing and distributing notices of final site plans for development projects occurring within a Coordinated Development District. (#26 6/8/99) [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 Vice Mayor Euille and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:



ORDINANCE NO. 4062

AN ORDINANCE to amend and reordain Section 5-606 (FINAL DEVELOPMENT PLAN APPROVAL), under Section 5-600 (COORDINATED DEVELOPMENT DISTRICT), of Article V (MIXED USE ZONES) of the City of Alexandria Zoning Ordinance (TA NO. 98-0003).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (D) of Section 5-606 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(D) Upon determination by the director that the application is complete, the application shall be submitted for comment and review to appropriate city departments and agencies. Notice of consideration of the application shall be given in the manner provided in section 11-300, such notice to state that the application is available for public review and comment. The director shall receive comments for a period of 30 days.

Section 2. That Section 5-606 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: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

44. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way for an existing wall and planters at 820-824 Queen Street. (#27 6/8/99) [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 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4063

AN ORDINANCE authorizing the owner of the property at 820, 822 and 824 Queen Street to establish and maintain an encroachment into the public right-of-way at 820, 822 and 824 Queen Street, in the City of Alexandria, Virginia.

WHEREAS, David Andross (“Owner”) is the owner of the residential property located at 820, 822 and 824 Queen Street in the City of Alexandria, Virginia; and

WHEREAS, Owner desires to maintain an existing brick wall and planters which encroach into the public right-of-way at 820 and 822 Queen Street, (brick wall) and to maintain brick planters which will encroach in to the public right-of-way at 824 Queen Street; and

WHEREAS, the public rights-of-way at these points on Queen Street will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Owner be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way of 820, 822 and 824 Queen Street in the City of Alexandria, said encroachment consisting of (a) an existing brick wall, 29 feet in length, which encroaches one foot into the public right-of-way at 820-822 Queen Street, and (b) two existing brick planters, totaling approximately 14.53 feet in length, which encroach two and one-half feet into the public right-of-way at 824 Queen Street, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

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

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

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

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

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

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

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

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


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

KERRY J. DONLEY
Mayor

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *


Insert Plat

45. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way, for a directional sign, at 2819 Russell Road. (#28 6/8/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4064

AN ORDINANCE authorizing the Westminster Presbyterian Church to establish and maintain an encroachment into the public right-of-way of the 2800 block of Russell Road, in the City of Alexandria, Virginia.

WHEREAS, the Westminster Presbyterian Church is the owner of the property located at 2701 Cameron Mills Road in the City of Alexandria, Virginia; and

WHEREAS, the Westminster Presbyterian Church desires to establish and maintain a directional sign which will encroach into the public right-of-way at 2819 Russell Road; and

WHEREAS, the public right-of-way at that point on the 2800 block of Russell Road will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Westminster Presbyterian Church (the "Owner") be, and hereby is, authorized to establish and maintain an encroachment into the public right-of-way at 2819 Russell Road in the City of Alexandria, said encroachment consisting of a directional sign no more than 18 inches wide, the bottom of which shall be a minimum of 5.5 feet above the ground, to be located within four feet of the north end of the grass area at the southeast corner of the intersection of Russell Road and Birch Street, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

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

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

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

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

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

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

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

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

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

KERRY J. DONLEY
Mayor

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

46. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Ordinance 3760 to correct the description of the portion of the public right-of-way of Mill Road that was vacated by Ordinance 3760. (#29 6/8/99) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 46; 6/12/99, 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 Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4065

AN ORDINANCE to amend and reordain Ordinance No. 3760, which provided for the vacation of a portion of the public street right-of-way at 2345, 2347 and 2365 Mill Road and Jamieson Avenue, in the City of Alexandria, Virginia.




WHEREAS, Ordinance No. 3760 provided for the vacation of a portion of the public street right-of-way at 2345, 2347 and 2365 Mill Road and Jamieson Avenue, in the City of Alexandria, Virginia; and

WHEREAS, the vacation applicant, Carlyle Development Corporation, has proposed to make technical corrections to the description of the area of the right-of-way vacated by Ordinance 3760, to correct a discrepancy found in the Carlyle boundary line and to reflect changes made when Jamieson Avenue was constructed; and

WHEREAS, the Director of Transportation and Environmental Services has concurred with such technical corrections; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 1 of Ordinance No. 3760 be, and the same hereby is, amended to read as follows:

That the portion of the public street right-of-way of Mill Road, as shown as “Vacation Area V-2" on the plat entitled “Plat Showing Right-of-Way Realignment and Surface and Subsurface Easements for Mill Road,” prepared by Patton Harris Rust & Associates, and dated March 3, 1999, which plat is attached hereto and incorporated fully herein by reference, be, and the same hereby is, vacated.

Section 2. That all references to a plat made in Ordinance No. 3760 shall be taken and deemed to refer to the plat attached to this ordinance.

Section 3. That Ordinance No. 3760, as amended by this ordinance, be, and the same hereby is, reordained as an ordinance of the City of Alexandria, Virginia.

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

KERRY J. DONLEY
Mayor

Attachment

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *



Insert Plat


47. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the support of the city government for fiscal year 1999. (#30 6/8/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 26, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 47; 6/12/99, 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 Councilwoman Pepper, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4066

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 1999, which began on the first day of July 1998 and ends on the thirtieth day of June 1999.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1999, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1998, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1999, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $ 11,913
18th Circuit Court 50,008
Commonwealth’s Attorney 127,895
Transportation and Environmental Services 74,796
Fire 129,042
Police 243,149
Housing 925,910
Mental Health/Mental Retardation and
Substance Abuse 469,302
Health 75,000
Human Services 5,103,877
Historic Alexandria 80,399
Recreation 14,117
Schools 424,064

Total Estimated Revenue $ 7,729,472

APPROPRIATION:

Human Relations $ 11,913
18th Circuit Court 50,008
Commonwealth’s Attorney 127,895
Transportation and Environmental Services 74,796
Fire 129,042
Police 243,149
Housing 925,910
Mental Health/Mental Retardation and
Substance Abuse 469,302
Health 75,000
Human Services 5,103,877
Historic Alexandria 80,399
Recreation 14,117
Schools 424,064

Total Appropriation $ 7,729,472

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1999, the source of such amounts being donations to the city and proceeds from state seized-asset programs which have been accepted and adjusted after July 1, 1998, but not appropriated, and further, that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1999, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Police $ 19,138
Human Services 25,000
Historic Alexandria 17,676

Total Estimated Revenue $ 61,814

APPROPRIATIONS:

Police $ 19,138
Human Services 25,000
Historic Alexandria 17,676

Total Estimated Revenue $ 61,814



Section 3. That the Council of the City of Alexandria, Virginia, does hereby authorize the transfer from the General Fund (Designated General Fund Balance) to the Capital Projects Fund (Reserved Capital Project Fund Balance), and does make provision for and appropriate to the latter fund, the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1999, and further, that the council does hereby allot the amount so appropriated as follows: (i) to the following capital projects which are included in the city's fiscal year 1999-2004 capital improvement program adopted by city council on May 6, 1998 -- city projects nos. 002-007 (Branch Libraries), 002-003 (New Central Community Library), 003-015 (Downtown Transportation/Parking), 003-004 (Municipal Waterfront Improvement Program), 003-014 (Mt. Vernon Avenue Improvements), 003-002 (Route 1 Beautification), 003-018 (South Waterfront - Jones Point/Ford Plant/Marina), 003-019 (Streams and Waterfront Dredging), 004-051 (Bike Trails), 004-013 (Cameron Station), 004-001 (Chinquapin Park and Recreation Center), 004-036 (Hensley Park), 004-012 (Park Improvements), 004-014 (Land Acquisition), 004-039 (Fort Ward Park), 004-015 (Northern Virginia Regional Park), 004-033 (Landscaping of Public Sites), 004-179 (Recreation Facilities Improvements), 004-003 (Four Mile Run Park), 004-038 (Simpson Stadium), 005-003 (Acquisition and Preservation of Historic Buildings), 005-016 (Market Square Renovations), 005-020 (Renovation and Maintenance of Existing City Facilities), 005-033 (Energy Conservation Program), 005-038 (Animal Shelter), 005-021 (Torpedo Factory Repurchase), 006-004 (Peumansend Creek Regional Jail), 008-005 (Driver Training Track), 010-001 (Rapid Rail Transit), 010-002 (Bus and Rail Capital Replacement/Improvement), 010-006 (Alexandria Transit Corporation (ATC) Buses), 011-031 (Beauregard and Seminary Interchange, 011-075 (Undergrounding of Utilities and Street Lighting), 011-083 (Braddock Road Metro Improvements), 011-096 (Bridge Repairs and Maintenance), 011-097 (King Street Metro Station Area Improvements), 011-104 (King and Beauregard Intersection Improvements), 011-105 (Mill Road Realignment), 011-012 (Sidewalk, Curb, and Gutter Program), 011-011 (Street Reconstructions and Extensions), 012-003 (Storm Sewer Reconstructions and Extensions), 013-005 (Sanitary Sewer Reconstructions and Extensions), 013-010 (Sewer Separation and Pollution Abatement), 014-006 (Waste-to-Energy Facility), 015-004 (Information Technology Connectivity Projects), 015-005 (Information Technology Systems Development), 016-001 (Northern Virginia Community College); and (ii) to the capital projects identified in the Alexandria City Public Schools' fiscal year 1999 capital budget approved by the school board on February 19, 1998.

GENERAL FUND

FINANCING USE:

Transfer Out to Capital Projects Fund $ 8,682,202

Total Transfer Out $ 8,682,202

CAPITAL PROJECT FUND

ESTIMATED REVENUE:

Transfer In from General Fund $ 8,682,202

Total Financing Source $ 8,682,202

APPROPRIATION:

Capital Projects $ 8,862,202

Total Appropriation $ 8,862,202

Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1999, the source of such amount being Use of Money and Property, Intergovernmental revenues, and miscellaneous revenue, and further, that the council does hereby allot the amount so appropriated for fiscal year 1999, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Use of Money & Property $ 2,097,810
Intergovernmental Revenues 124,978
Miscellaneous 235,000

Total Estimated Revenue $ 2,457,788

APPROPRIATION:

Financial and Information
Technology Services $ 124,978
Transportation and Environmental Services 235,000
Non Departmental $ 2,097,810

Total Appropriation $ 2,457,788

Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1999, the source of such amount being Equipment Replacement Retained Earnings, and further, that the council does hereby allot the amount so appropriated to the various city departments for fiscal year 1999, as follows:

EQUIPMENT REPLACEMENT FUND:

APPROPRIATION:

General Services $ 66,889
Recreation 30,000
Transportation and Environmental Services 78,116

Total Appropriation $ 175,000






Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1999, the source of such amount being Designated General Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Designated General Fund Balance $ 1,974,189

Total Estimated Revenue $ 1,974,189

APPROPRIATION:

Non-Departmental (Torpedo Factory Repurchase) $ 1,330,000
Non-Departmental (compensated absences) 644,189

Total Appropriation $ 1,974,189

Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1999, the source of such amount being Intergovernmental Revenues, and further, that the council does hereby allot the amount so appropriated to the following capital project which are included in the city's fiscal year 1999-2004 capital improvement program adopted by city council on May 6, 1998: city project no. 010-006

CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Intergovernmental Revenue $ 200,000

Total Estimated Revenue $ 200,000

APPROPRIATION:

Capital Projects $ 200,000

Total Appropriations $ 200,000

Section 8. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount thereafter stated that is required to defray certain expenditures of the city for fiscal year 1999, the source of such amounts being Component Unit - School’s Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:




COMPONENT UNIT

APPROPRIATION:

Component Unit Schools $ 2,317,960

Total Appropriation $ 2,317,960

Section 9. That the Council of the City of Alexandria, Virginia, does hereby authorize the transfer from the Component Unit - School Board General Fund (Designated School Board General Fund Balance) to the Capital Projects Fund (Reserved Capital Project Fund Balance), and does make provision for and appropriate to the latter fund, the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1999, and further, that the council does hereby allot the amount so appropriated to the capital projects identified in the Alexandria City Public Schools’ fiscal year 1999 capital budget approved by the school board on February 19, 1998.

COMPONENT UNIT

FINANCING USE:

Transfer Out to Capital Projects Fund $ 317,000

Total Transfer Out $ 317,000

CAPITAL PROJECT FUND

ESTIMATED REVENUE:

Component Unit - School Board $ 317,000

Total Financing Source $ 317,000

APPROPRIATION

Capital Projects $ 317,000

Total Appropriation $ 317,000

Section 10. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1999, the source of such amount being intergovernmental revenue, and further, that the council does hereby allot the amount so appropriated for fiscal year 1999, as follows:

COMPONENT UNIT

ESTIMATED REVENUE:

Intergovernmental Revenues $ 448,284
Total Estimated Revenues $ 448,284

APPROPRIATION:

Component Unit Schools $ 448,284

Total Appropriation $ 448,284

Section 11. That this ordinance shall be effective on the time and upon the date of its enactment.

KERRY J. DONLEY
Mayor

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

48. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make appropriations for the support of the city government for fiscal year 2000. (#31 6/8/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 26, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 48; 6/12/99, 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 Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4067

AN ORDINANCE making provision for the support of the governmentof the City of Alexandria, Virginia, for the payment of interest and principal on the city debt and other municipal expenditures and expenses, and for other purposes, for the fiscal year beginning on the first day of July 1999 and ending on the thirtieth day of June 2000.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, pursuant to section 6.07 of the city charter, the sum of $387,782,968 be, and the same hereby is, appropriated for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1999 and ending on the thirtieth day of June 2000.

Section 2. That, pursuant to section 6.07 of the city charter, the sum of $387,782,968 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1999 and ending on the thirtieth day of June 2000 be, and the same hereby is, further appropriated to the following city departments, major operating units, component units and major categories of expenditures in the amounts set forth below:

Department/Unit/Component Unit/
Category of Expenditure Appropriation

18th Circuit Court $ 846,692
18th General District Court 106,925
18th Juvenile Court 29,888
Citizens Assistance 543,714
City Attorney 1,214,814
City Clerk and Clerk of Council 288,382
City Council 419,087
City Manager 817,062
Clerk of Court 1,243,920
Commonwealth's Attorney 1,947,899
Contingent Reserves 493,000
Court Services Unit 699,169
Financial and Information Technology Services 12,797,751
Fire 22,002,874
General Debt Service 8,866,071
General Services 8,156,641
Health 5,882,817
Human Relations $ 1,643,584
Human Services 34,814,003
Human Services Contributions 781,200
Law Library 119,150
Mental Health/Mental Retardation/
Substance Abuse 21,588,252
Non-Departmental 6,144,340
Office of Historic Alexandria 2,066,327
Office of Housing 2,500,578
Office of Legislative Director 169,122
Other Correctional Activities 3,113,105
Other Educational Activities 13,120
Personnel 1,746,035
Planning & Zoning 3,396,570
Police 30,723,122
Recreation, Parks and Cultural Activities 12,173,487
Registrar of Voters 550,335
Sheriff 15,414,868
Transit Subsidies 6,906,065
Transportation and Environmental Services 18,695,241
Capital Projects 31,810,244
Component Unit-Library 4,247,404
Component Unit-Schools 121,076,725
Internal Service 1,733,385

TOTAL APPROPRIATIONS $387,782,968

Section 3. That, pursuant to section 6.07 of the city charter, the sum of $387,782,968 appropriated in section 1 of this ordinance for the support of the City of Alexandria in the fiscal year beginning on the first day of July 1999 and ending on the thirtieth day of June 2000 be, and the same hereby is, further appropriated to the following principal objects of city expenditures:

Object of Expenditures Appropriation

Personnel Services $137,266,524
Non-Personnel Services 85,681,597
Capital Outlay 352,513
Component Unit-Library 4,247,404
Component Unit-Schools 121,076,725
Component Unit-Alexandria Transit Company 4,856,940
Pilot Recycling Program 757,636
Equipment Replacement $ 1,733,385
Capital Projects 31,810,244

TOTAL APPROPRIATIONS $387,782,968

Section 4. That the sum of $387,782,968 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1999 and ending on the thirtieth day of June 2000 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

General Property Taxes $174,270,000
Other Local Taxes 68,715,000
Permits, Fees and Licenses 2,615,000
Fines and Forfeitures 4,310,000
Intergovernmental Revenue 84,282,284
Charges for Services 19,363,027
Revenue from Use of Money and Property 6,941,500
Miscellaneous Revenue 2,023,510
Unreserved Fund Balance - General Fund:
Subsequent Year's Budget 409,198
Capital Projects Fund Balance to be
Reimbursed by Future Bond Proceeds 14,437,862
Capital Projects Fund Balance 8,682,202
Retained Earnings - Internal Service Fund 1,733,385

TOTAL ESTIMATED REVENUE $387,782,968






Section 5. That, pursuant to section 6.14 of the city charter, the sum of $31,810,244 be, and the same hereby is, appropriated for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 1999 and ending on the thirtieth day of June 2000. This sum, which consists of the $31,810,244 appropriated as Capital Projects in section 2 of this ordinance, is appropriated as follows: (i) $ 17,930,279 to the following capital projects which are included in the city's fiscal year 2000-2005 capital improvement program adopted by city council on May 5, 1999: city capital improvement project nos. 002 (Branch Libraries), 003 (Downtown Transportation/Parking, Municipal Waterfront Improvement Program, Mt. Vernon Avenue Improvements, Route 1 Beautification, South Waterfront, Streams and Waterfront Dredging), 004 (Bike Trails, Cameron Station, Chinquapin Park and Recreation Center, Park Improvements, Land Acquisition, Fort Ward Park, Northern Virginia Regional Park, Landscaping of Public Sites, Recreation Facilities Improvements, Four Mile Run Park), 005 (Acquisition and Preservation of Historic Buildings, Market Square Renovations, Renovation and Maintenance of Existing City Facilities, Energy Conservation Program, Animal Shelter, City Visitor Center), 006 (Peumansend Creek Regional Jail), 008 (Driver Training Track), 009 (Rapid Rail Transit, Bus and Rail Capital, Alexandria Transit Corporation (ATC) Buses and Shelters, Traffic Control Facilities), 011 (Beauregard and Seminary Interchange, Undergrounding of Utilities and Street Lighting, Braddock Road Area Improvements, Bridge Repairs and Maintenance, King Street Metro Station Area Improvements, King and Beauregard Intersection Improvements, Mill Road Realignment, Sidewalk, Curb, and Gutter Program, Street Reconstructions and Extensions), 012 (Storm Sewer Reconstructions and Extensions), 013 (Sanitary Sewer Reconstructions and Extensions, Sewer Separation and Pollution Abatement), 014 (Waste-to-Energy Facility), 015 (Information Technology Connectivity Projects, Information Technology Systems Development), and 016 (Northern Virginia Community College); and (ii) $13,879,965 to the capital projects identified in the Alexandria City Public Schools' capital budget approved by the school board on February 18, 1999.

Section 6. That the sum of $31,810,244 appropriated in section 5 of this ordinance for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 1999 and ending on the thirtieth day of June 2000 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

Transfer In from General Fund $ 7,351,063
Reserved Fund Balance - Capital Projects Fund 8,682,202
Intergovernmental Revenues 1,339,117
Capital Projects Fund Balance to be Reimbursed
by Future Bond Proceeds 14,437,862

TOTAL ESTIMATED REVENUE $31,810,244

Section 7. That the sum of $125,334,796 be, and the same hereby is, authorized to be transferred between the following funds maintained by the city, as set forth below:




From Amount To Amount

General Fund $ 18,743,635 Special Revenue Fund - $ 18,743,635
General

General Fund 7,351,063 Capital Projects Fund 7,351,063

General Fund 92,360,410 Component Unit-Schools 92,360,410

General Fund 2,976,940 Component Unit-Alexandria 2,976,940
Transit Company

General Fund 3,902,748 Component Unit-Library 3,902,748

TOTALS $125,334,796 $125,334,796

Section 8. That the sum of $387,782,968 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1999 and ending on the thirtieth day of June 2000 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each city department, major operating unit, component unit and major category of expenditure, to the funds maintained by the city as shown in Table I on the following page of this ordinance.




Section 9. That the sum of $387,782,968 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1999 and ending on the thirtieth day of June 2000 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each major source of revenue, to the funds maintained by the city as shown in Table II on the following page of this ordinance.





Section 10. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/08/99
First Reading: 06/08/99
Publication: 06/09/99; 06/10/99
Public Hearing: 06/12/99
Second Reading: 06/12/99
Final Passage: 06/12/99
* * * * *

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (49-58)

Planning Commission (continued)

49. 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. (#18 2/20/99)

(A copy of Mr. Lion's letter dated May 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 49; 6/11/99, and is incorporated herewith as part of this record by reference.)

The applicant has requested that this item be withdrawn.

50. SPECIAL USE PERMIT #99-0010--103 WEST MONROE AVENUE -- Public Hearing and Consideration of a request for a special use permit to allow a parking reduction for a new single-family dwelling; zoned R-5/Residential. Applicant: Mark R. Horowitz, by Gaver Nichols, architect.

51. SPECIAL USE PERMIT #99-0045--50 SOUTH PICKETT STREET, UNIT 30 --PICKETT CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant (bakery); zoned CG/Commercial General. Applicant: Maher Ezzedine.

52. SPECIAL USE PERMIT #99-0052--121 NORTH WASHINGTON STREET -- Public Hearing and Consideration of a request for a special use permit to operate a massage establishment as part of a beauty salon and day spa; zoned CD/Commercial Downtown. Applicant: Sheila McGurk, t/a Circe Day Spa and Wellness Center, by H. Alan Young, attorney.
53. CDD CONCEPT PLAN #98-03--2201 EISENHOWER AVENUE--MILL RACE, PHASE I -- Public Hearing and Consideration of a request for an amendment to the Coordinated Development District (CDD) Concept Plan for the Mill Race portion of the Eisenhower Avenue CDD. Applicant: Mill Two Associates Partnership and Zion Properties of New York, Inc., by Jonathan Rak, attorney.

54. DEVELOPMENT SPECIAL USE PERMIT #98-0020--2201 EISENHOWER AVENUE; MILL ROAD--MILL RACE, PHASE I -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, for construction of a multi-family residential development with associated retail uses and a parking reduction; zoned CDD-2/Coordinated Development District. Applicant: Mill Two Associates Partnership, by Jonathan Rak, attorney.

55. SPECIAL USE PERMIT #98-0118--2201 EISENHOWER AVENUE--MILL RACE, PHASE I -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for the Mill Race development; zoned CDD-2/Coordinated Development District. Applicant: Mill Two Associates Partnership, by Jonathan Rak, attorney.

56. SPECIAL USE PERMIT #99-0025--1623 FERN STREET--ERNIE’S CRAB HOUSE -- Public Hearing and Consideration of a request for a special use permit to amend the hours of operation of a restaurant; zoned CSL/Commercial Service Low. Applicant: Sung Jin Kim. 57. MASTER PLAN AMENDMENT #99-0002--REZONING #99-0002--5401 SEMINARY ROAD--COCA-COLA -- Public Hearing and Consideration of a request for amendment to the Alexandria West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and zoning of the subject property to I/Industrial, with proffer limiting use to parking; currently zoned R-20/ Residential. Applicant: Coca-Cola Enterprises, Inc., by Sarah E. Hall, attorney.

58. SPECIAL USE PERMIT #99-0032--1217 FIRST STREET--ALEXANDRIA AUTO REPAIR -- Public Hearing and Consideration of a review of a special use permit for the existing automobile repair garage; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: Nasir Kashmiri.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without objection, City Council noted the deferrals and withdrawals.
* * * * *
The following item is for informational purposes only:

59. MASTER PLAN AMENDMENT #99-0008 -- 407-409 EAST RAYMOND AVENUE--POTOMAC STATION -- Public Hearing and Consideration of a request to change the master plan designation of the subject property from RL/Residential Low to RM/Residential Medium

COMMISSION ACTION: Not adopted

(A copy of Mr. Lynn's memorandum dated June 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 59; 6/12/99, and is incorporated herewith as part of this record by reference.)
* * * * *

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council received the memorandum. The voting was as follows:

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

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, at 3:55 p.m., the Public Hearing Meeting of Saturday, June 12, 1999, was adjourned. The voting was as follows:

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

APPROVED BY:



__________________________________________
KERRY J. DONLEY MAYOR


ATTEST:



______________________________________________
Beverly I. Jett, CMC City Clerk



The meeting was concluded at



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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