Meeting Minutes for Public Hearing Meeting (09/14/1991)

Public Hearing Meeting
Saturday, September 14, 1991 - - 9:30 am

* * * * *

Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, Lonnie C. Rich, and David G. Speck.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Pessoa, Assistant City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Platky, Director of Management and Budget; Ms. Beidler, Registrar of Voters; Fire Chief Beam; Mr. Leiberg, Mr. Smith, and Mr. Grossman from the Department of Planning and Community Development; Mr. Looney, from the Office of Housing; and Sgt. Corle, Police Department.

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

OPENING

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

2. Public Discussion Period.

(a) Diane Himwich, 10347 Granite Creek Lane, representing the Alexandria Hospital, spoke regarding the obstetrics services available at the newly renovated obstetrics unit at Alexandria Hospital.

(b) John Chapman Gager, representing Old Town Yacht Basin, spoke during this period.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

Planning Commission

3. SUP #2503 - Public Hearing and Consideration of a request for Special Use Permit to amend the hours of operation of the existing convenience store located at 3023 Duke Street; zoned C-2, Commercial. Applicant: The Southland Corporation, by Michael R. Vanderpool, attorney.

COMMISSION ACTION: Recommend Denial 5-2

NOTE: THE APPLICANT HAS REQUESTED DEFERRAL OF THIS ITEM TO THE OCTOBER PUBLIC HEARING IN ORDER TO GIVE THE APPLICANT ADDITIONAL TIME TO MEET WITH CITIZENS IN THE AREA.

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 9/14/91, and is incorporated herewith as part of this record by reference.

A copy of a letter dated 9/10/91, from Mr. Vanderpool requesting a deferral of this item, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3; 9/14/91, and is incorporated herewith as part of this record by reference.

A copy of a letter dated 9/11/91, from Mr. Peaks requesting a deferral of this item, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 3; 9/14/91, and is incorporated herewith as part of this record by reference.

A copy of a petition opposing this request is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 3; 9/14/91, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council noted the deferral. (10/12/91) The voting was as follows:

Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

4. Public Hearing and Consideration of a Request for an Overhead Utilities Variance at 25 West Glendale Avenue. (#10 9/10/91)

(A copy of the City Manager's memorandum dated 8/27/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/14/91, and is incorporated herewith as part of this record by reference.)

(James Garner, 25 W. Glendale Avenue, applicant, offered a compromise solution. After talking with VEPCO, they would be setting a utility pole on the corner of his property and running overhead service to the pole and then from that point underground to the house. He indicated that the neighbors in the neighborhood have no objection or problem with the pole.

The City Manager indicated that the staff has no objection to the compromise.)

WHEREUPON, upon motion Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the compromise solution of setting a utility pole on the corner of the property and running overhead service to the pole and then from that point underground to the house. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

5. Public Hearing and Consideration of the Potowmack Crossing Conversion Assistance Plan.

(A copy of the City Manager's memorandum dated 9/6/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Roberta Ujakovich, 1150 17th Street, N.W., D.C., representing the applicant, spoke in favor of this item and was available to answer any questions that City Council might have.

Members of City Council participated in the discussion of this item.)

WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously, City Council approved the City Manager's recommendations as follows: (1) approved the Potowmack Crossing Conversion Assistance Plan with Landlord-Tenant Relations Board recommendations (Attachment I to the City Manager's report); and (2) authorized the City Manager to sign a legal conversion agreement between the Cafritz/Freeman Group and the City of Alexandria. The voting was as follows:

Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Pepper "aye" Rich "aye"
Speck "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

6. SUP #2517 - Public Hearing and Consideration of a request for a Special Use Permit for condominium conversion of the existing multi-family development located at 1800-1818 West Abingdon Drive, known as the Parkridge Apartments; zoned RC, Residential. Applicant: Potowmack Crossing II Limited Partnership, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Roberta Ujakovich, 1150 17th Street, N.W., D.C., representing the applicant, was available to answer questions; and

Cyril D. Calley, 307 N. Washington Street, attorney representing the applicant, was available to answer questions.)

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

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

7. SUP #2516 - Public Hearing and Consideration of a request for a Special Use Permit for condominium conversion of the existing multi-family development located at 1600-1634 West Abingdon Drive, known as the Abingdon Apartments; zoned RC, Residential. Applicant: Abingdon Apartments Limited Partnership, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Roberta Ujakovich, 1150 17th Street, N.W., D.C., representing the applicant, was available to answer questions; and Cyril D. Calley, 307 N. Washington Street, attorney representing the applicant, was available to answer questions.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Donley and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Pepper "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Donley "aye" Rich "aye"
Speck "aye"

8. SUP #2425-A - Public Hearing and Consideration of a request for a Special Use Permit to change the hours of operation for the existing non-conforming retail florist shop business located at 139 South Fairfax Street, zoned RM, Residential. Applicant: Phyllis A. Kennedy, The Enchanted Florist.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/14/91, 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 Donley, seconded simultaneously by Vice Mayor Cleveland and Councilman Jackson and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Donley "aye" Ticer "aye"
Cleveland "aye" Pepper "aye"
Jackson "aye" Rich "aye"
Speck "aye"

Board of Architectural Review

9. CASE BAR-91-107 - Public Hearing and Consideration of an Appeal of a decision of the Board of Architectural Review, Old and Historic District Panel, on July 17, 1991, in re denial of a certificate of appropriateness for approval of a rear deck to be constructed at 101 Franklin Street, by Richard E. Whalen, applicant.

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/14/91, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated 7/30/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 9/14/91, and is incorporated herewith as part of this record by reference.)

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

Richard E. Whalen, 101 Franklin Street, applicant, spoke in support of his appeal.

Members of City Council participated in the discussion of this item. Mr. Smith, Board of Architectural Review staff, answered questions asked by Members of City Council.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council overturned the decision of the Board of Architectural Review and accepted the proposal as identified by staff. The voting was as follows:

Speck "aye Cleveland "no"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Rich "aye"

10. CASE BAR-91-173 - Public Hearing and Consideration of an Appeal of a decision of the Board of Architectural Review, Old and Historic District Panel, on August 7, 1991, in re denial of a certificate of appropriateness for approval of alterations to the windows at 511 South Royal Street, by Richard Seitz, applicant.

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/14/91, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated 8/9/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 9/14/91, and is incorporated herewith as part of this record by reference.)

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

Richard Seitz, 511 S. Royal Street, applicant, spoke in support of the appeal.

There was considerable discussion on this item by Members of City Council; Mr. Lynn, Director of Planning and Community Development; Ms. Evans, Assistant City Manager; and the City Manager.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council overturned the decision of the Board of Architectural Review; instructed the City Attorney's Office to pursue a criminal violation; and stated that this is not precedent setting. The voting was as follows:

Speck "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Rich "aye"

11. CASE BAR-91-187 - Public Hearing and Consideration of an Appeal of a decision of the Board of Architectural Review, Old and Historic District Panel, on August 7, 1991, in re denial of a certificate of appropriateness for approval of replacement vinyl windows at 413 Gibbon Street, by Arthur Snow, applicant.

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/14/91, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated 8/15/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 11; 9/14/91, and is incorporated herewith as part of this record by reference.)

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

Arthur Snow, 413 Gibbon Street, applicant, spoke in support of the appeal; and

Edward Luckett, 420 N. Alfred Street, representing the Board of Architectural Review, spoke against the appeal.

There was considerable discussion on this item by Members of City Council; Assistant City Attorney Pessoa; Mr. Smith, Board of Architectural Review staff; the City Manager; Mr. Lynn, Director of Planning and Community Development; Mr. Luckett; and Mr. Snow.

The City Manager suggested that the City staff work with the Old Town Civic Association to include in one of its publications a notice that warns residents of Old Town that when they are doing renovations to their residences that it is incumbent upon them to check to make sure that their installer or contractor has a building permit. Otherwise, they could be in serious financial jeopardy.

The City staff will provide Council a status report on this appeal at the second legislative meeting in October.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council deferred this item and kept it at the Council level; which continues to retain the windows that are installed by the homeowner; directed the City Attorney's Office to assist the homeowner to file a complaint within 30 days in pursuing civil relief against the contractor; and at the conclusion of the process with the Office of Consumer Affairs and the City Attorney's Office, it would come back to City Council for a decision depending upon the outcome of that process whether Council wanted to approve what was there or send it back to the Board of Architectural Review for restudy of a different type of window. The voting was as follows:

Speck "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Rich "aye"

Planning Commission (continued)

12. SUP #1957-A - Public Hearing and Consideration of a request for Special Use Permit to amend the hours of operation for the existing full-service restaurant located at 1504 King Street; zoned C-3 Commercial. Applicant: Casablanca Restaurant, by Samir Labriny.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 7/2/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/14/91, 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 Councilwoman Pepper, seconded by Councilman Jackson and carried on a vote of 6-to-0, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Pepper "aye" Cleveland "aye"
Jackson "aye" Donley out of room
Ticer "aye" Rich "aye"
Speck "aye"

13. SUP #1232-B - Public Hearing and Consideration of a request for Special Use Permit to amend a condition to increase the number of vehicles displayed for sale on the existing automobile sales and display lot located at 2414-2416 Oakville Street; zoned I-1, Industrial. Applicant: Lindsey Cadillac Company, Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 7/2/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Howard Middleton, 510 King Street, attorney representing the applicant, was available to answer questions.)

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #4 by the Planning Commission. The voting was as follows:

Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

14. SUP #2135-B - Public Hearing and Consideration of a request for Special Use Permit to change the ownership and reduce the number of days when open of the existing restaurant with outdoor seating and carry-out service, convenience store with delicatessen at 1111 North Fairfax Street; zoned I-2, Industrial. Applicant: Riverside Deli, by Sarah H. No.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 7/2/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/14/91, 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 Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

15. SUP #2216-A - Public Hearing and Consideration of a request for Special Use Permit to change the ownership of the existing child day care facility (day nursery) at 432-434 North Royal Street; zoned RM, Residential. Applicant: Alexandria Redevelopment and Housing Authority, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 7/2/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Cyril D. Calley, 307 N. Washington Street, attorney representing the applicant, was available to answer questions.)

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

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

16. SUP #2501 - Public Hearing and Consideration of a request for Special Use Permit to operate a full-service restaurant with carry-out service located at 701 King Street, zoned C-3, Commercial. Applicant: China King, Inc., by Sui Chen Chu.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 7/2/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/14/91, 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 Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added Condition #10 by the Planning Commission. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer out of room Rich "aye"
Speck "aye"

17. SUP #2361-B - Public Hearing and Consideration of a request for Special Use Permit to add outdoor seating to the existing full-service and carry-out restaurant located at 512 South Van Dorn Street, Unit A, within the Van Dorn Station Shopping Center; zoned I-1, Industrial. Applicant: Zuhurruddin Q. Baluch.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 7/2/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/14/91, and is incorporated herewith as part of this record by reference.)

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

Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support of this item.)

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Speck "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer out of room Jackson "aye"
Pepper "aye"

18. SUP #2504 - Public Hearing and Consideration of a request for Special Permit for a change in use of a nonconforming use to operate a retail antique shop and antique auction at 124 South West Street; zoned RM, Residential. Applicant: Carr's Antiques and Auction Service, by Sally E. Husick and Robert A. Carr.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 7/2/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Cary Meushaw, representing the applicant, and Robert Carr, 1515 Mt. Vernon Avenue, applicant, were available to answer questions.)

WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Councilwoman Pepper and Councilman Donley and carried on a vote of 6-to-0, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Rich "aye"

19. CASE #9.06-91-02 - Public Hearing and Consideration of recommendations of amendments to the Office of Housing's "Blighting Influences Program" including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria and the possible acquisition and subsequent resale of the following properties:

a. 1316 Cameron Street g. 1 Kennedy Street
b. 1318 Cameron Street h. 37 Kennedy Street
c. 1320 Cameron Street i. 223 Lynhaven Drive
d. 312 North Henry Street j. 2711 Mosby Street
e. 327 North West Street k. 329 Wesmond Drive
f. 103 Adams Street

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/14/91, and is incorporated herewith as part of this record by reference.)

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

Lois C. Neebe, 1500 Woodbine Street, spoke in opposition to including 1 Kennedy Street, 37 Kennedy Street, and 2711 Mosby Street, on this list.

There was considerable discussion on this item by Members of City Council; the City Manager; Ms. McAuliffe-Whiddon, Acting Division Chief of the Office of Housing; Mr. Luckett, Code Enforcement Inspector; and Ms. Neebe.)

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the report as recommended by the City Manager: (1) approved the additions and deletions of the properties listed on page 3 of the City Manager's memorandum, to the currently approved list of blighting influences in the Potomac East Conservation and Southwest Quadrant Rehabilitation Districts and the Potomac West Neighborhood Strategy Area (NSA); (2) approved, pursuant to the provisions of section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the eleven Potomac East and Potomac West properties to be added to the list (as listed on page 3 of the City Manager's memorandum); and (3) authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines. The voting was as follows:

20. OLD TOWN NORTH SMALL AREA PLAN - Public Hearing and Consideration of inclusion of additional text in the Old Town North Small Area Plan, part of the Master Plan, adding guidelines for Board of Architectural Review consideration of new construction for properties on North Washington Street within the boundaries of the small area plan. Staff: Planning and Community Development, Comprehensive Planning Division.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/14/91, and is incorporated herewith as part of this record by reference.)

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

Lee Quill, 1111 N. Pitt Street, #2A, representing the Old Town North Community Task Force, spoke on this item.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the recommendation with the additions that the Planning Commission made to (1) insert the word "generally" after the phrase "building or buildings", first sentence, Section b; and (2) replace "40,000 gross square feet" with "25,000 gross square feet", last sentence, Section f. The voting was as follows:

Speck "aye"

21. TEXT AMENDMENT #91-05 - Public Hearing and Consideration of possible amendments to Title 7, Chapter 6, Article M, Old and Historic District of the Code of the City of Alexandria, Virginia, the nature of which would be to adopt additional building review standards to apply within the district along North Washington Street within the boundaries of the Old Town North Small Area Plan. Staff: Planning and Community Development, Special Projects Division.

COMMISSION ACTION: Recommend Approval, as Amended 7-0

(A copy of the Planning Commission report dated 9/2/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/14/91, 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.

(Staff was requested by Council Member Rich to review the Old Town Civic Association's suggestion that these guidelines be extended south on Washington Street.

Mayor Ticer requested staff to come back with an analysis of Gil Zimmerman's recommendations at the earliest possible time.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously, City Council approved the text amendment, as amended by the Planning Commission, adding "generally" after... building or buildings in (6a) (2), and changing 40,000 to 25,000 in (6a) (6). (City Attorney to prepare appropriate ordinance.) The voting was as follows:

22. TEXT AMENDMENT #91-06 - Public Hearing and Consideration of possible amendments to Title 7, Chapter 6, Article B, Section 7-6-30, I-1 Industrial/Planned Unit Development Zone, to add vehicle towing service and associated impound lot as a permitted use subject to approval of a special use permit.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/14/91, 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 Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Donley and carried unanimously, City Council approved the proposed text amendment. (City Attorney to prepare the appropriate ordinance.) The voting was as follows:

Pepper "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Donley "aye" Rich "aye"
Speck "aye"

23. SUP #1686-B - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership and hours of operation of the existing automobile sales business located at 725 North Henry Street; zoned I-1, Industrial. Applicant: Michael Milan, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Cyril D. Calley, 307 N. Washington Street, attorney representing the applicant, was available to answer questions.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #9 by the Planning Commission. The voting was as follows:

Pepper "aye" Ticer "aye"
Donley "aye" Jackson "aye"
Cleveland "aye" Rich "aye"
Speck "aye"

WITHOUT OBJECTION, City Council considered Docket Item No. 32 out of order.

32. SUP #2509 - Public Hearing and Consideration of a request for a Special Use Permit to continue a non-conforming retail art gallery business located at 229 North Royal Street; zoned RM, Residential. Applicant: FOTA Inc., Joseph F. Cunningham, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 6-1

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Cyril D. Calley, 307 N. Washington Street, attorney representing the applicant, was available to answer questions.)

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Planning Commission recommendation to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #4 by the Planning Commission. The voting was as follows:

24. SUP #1720-C - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership of the existing carry-out restaurant located at 2111 Eisenhower Avenue, Unit 102; zoned I-2, Industrial. Applicant: Big C Deli Inc., by Myung Ki Min.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 9/14/91, 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 Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #2 by the Planning Commission. The voting was as follows:

25. SUP #1928-A - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership and add outdoor seating to the existing restaurant located at 1800 Diagonal Road; zoned C-3, Commercial. Applicant: Austin S. Yu.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 9/14/91, 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 Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Speck "aye"

26. SUP #1940-A - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership of the existing full-service restaurant located at 1118 King Street; zoned C-3, Commercial. Applicant: Michael B. Antonelli, MAPCO Foods Inc.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 9/14/91, 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 Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Speck "aye"

27. SUP #2194-A - Public Hearing and Consideration of a Request for a Special Use Permit to change the ownership of the existing full-service and carry-out restaurant located at 408 South Van Dorn Street; zoned I-1, Industrial. Applicant: Thai Hut Inc., by Sermchai Orpol.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 9/14/91, 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 Council Member Rich, seconded simultaneously by Councilwoman Pepper and Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Speck "aye"

28. SUP #2386-B - Public Hearing and Consideration of a review of a Special Use Permit for the existing automobile repair garage located at 615 South Pickett Street, Units A and B, within the Van Dorn Station Shopping Center; zoned I-1, Industrial. Applicant: Sparta Auto Service Inc., by Jose Felix Sandoval.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 9/14/91, 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.

(Councilwoman Pepper made comments on this item.)

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

29. SUP #2502 - Public Hearing and Consideration of a request for Special Use Permit to operate full-service restaurant with carry-out service located at 3807 Mount Vernon Avenue; zoned C-2, Commercial. Applicant: Best Equipment Corporation, by Sang B. Choi.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 9/14/91, and is incorporated herewith as part of this record by reference.)

(William C. Thomas, 1733 King Street, attorney representing the applicant, was available to answer questions.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded simultaneously by Councilwoman Pepper and Council Member Rich and carried unanimously, City Council approved the Planning Commission recommendation to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #8 and the added Condition #10 by the Planning Commission. The voting was as follows:

WITHOUT OBJECTION, City Council will consider Docket Item Nos. 30 and 31 after lunch.

33. SUP #2510 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile phone and stereo installation business located at 452 South Pickett Street; zoned I-1, Industrial. Applicant: Craig Adam Dabroski.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 9/14/91, 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 Councilwoman Pepper, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

34. SUP #2511 - Public Hearing and Consideration of a request for a Special Use Permit to operate a valet parking service for the existing restaurant located at 138 North Royal Street; zoned C-3, Commercial. Applicant: Old Gadsby's Tavern Limited, by Tim Jackson.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 9/14/91, 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 Councilwoman Pepper, seconded simultaneously by Council Member Rich and Councilman Donley and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Conditions #3, #4, #6 and the added Condition #9 by the Planning Commission. The voting was as follows:

35. SUP #2512 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service and carry-out restaurant located at 1514 King Street; zoned C-3, Commercial. Applicant: Nicholas Kapetanakis.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 9/14/91, 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 Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

36. SUP #2513 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service restaurant offering "live" entertainment located at 3606 Mount Vernon Avenue; zoned C-2, Commercial. Applicant: Lela Harris t/a Tamarind Seed Restaurant, by Warren L. Almquist, architect.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Warren L. Almquist, 201 E. Monroe Avenue, architect representing the applicant, was available to answer questions.)

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #12 and the added Conditions #15 and #16 by the Planning Commission. The voting was as follows:

37. SUP #2514 - Public Hearing and Consideration of a request for a Special Use Permit to continue a non-conforming retail market and dry cleaning business located at 801-805 Bashford Lane; zoned RB, Residential. Applicant: Lee's Market and All Cleaners, by Beth M. Coyne, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Beth M. Coyne, 4 E. Clifford Street, Winchester, VA, attorney representing the applicant, was available to answer questions.)

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

38. SUP #2518 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care facility located at 1400 Russell Road; zoned R-5, Residential. Applicant: Alexandria Seventh Day Adventist Church, by Sharon Lee Williams.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Councilman Speck asked questions of Ms. Williams, applicant, regarding the ingress and egress of traffic.

Mr. O'Kane, Director of Transportation and Environmental Services, participated in the discussion.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations with a request as a condition of approval that the Department of Transportation and Environmental Services could work with the school and look at some specific routing that would either put some restrictions on where traffic comes in in the morning and in the afternoon to insure that we do not create a problem. The voting was as follows:

39. SUP #2519 - Public Hearing and Consideration of a request for a Special Use Permit to operate a valet parking service for the existing restaurant located at 100 King Street; zoned C-3, Commercial. Applicant: Gaslight Restaurant, by George S. Ellmore.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 9/14/91, 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.

(Councilwoman Pepper asked questions of Mr. O'Kane, Director of Transportation and Environmental Services.)

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Planning Commission recommendation, as amended by the Planning Commission, particularly noting Condition #2 and Condition #7, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

40. ENCROACHMENT #91-009 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for a planter box located at 215 North Fairfax Street; zoned RM, Residential. Applicant: Virginia O. Carosi.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 9/14/91, 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 Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. (City Attorney to prepare the appropriate ordinance.) The voting was as follows:

41. ENCROACHMENT #91-010 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for a planter box located at 417 South Lee Street; zoned RM, Residential. Applicant: Susan L. Rogers.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Duncan Blair, 222 Green Street, attorney representing the applicant, was available to answer questions.)

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #3 by the Planning Commission. (City Attorney to prepare the appropriate ordinance.) The voting was as follows:

42. ENCROACHMENT #91-011 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for an awning located at 112 South Washington Street; zoned C-2, Commercial. Applicant: Edward Alfriend IV, by April Luber, architect.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 9/14/91, 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 Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. (City Attorney to prepare the appropriate ordinance.) The voting was as follows:

ORDINANCES AND RESOLUTIONS

43. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to increase the membership of the Early Childhood Development Commission. (#27 9/10/91)

(A copy of the City Manager's memorandum dated 8/28/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 9/14/91, and is incorporated herewith as part of this record by reference.)

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3533

AN ORDINANCE to amend and reordain subsection (a) of Section 12-10-2 (COMPOSITION; APPOINTMENT; CHAIRPERSON AND VICE CHAIRPERSON), of Chapter 10 (COMMISSION FOR EARLY CHILDHOOD DEVELOPMENT), 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 subsection (a) of Section 12-10-2 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. 12-10-2 Composition; appointment; chairperson and vice chairperson.

(a) The commission shall consist of 19 members, each of whom shall be a resident of the City of Alexandria. Of the 19 members, five shall serve ex officio, six shall be appointed by the school board and eight shall be appointed by city council. The term of each member appointed by the board or council shall be three years. The terms of such appointed members shall be staggered so that each year the board appoints two members and, in every three-year period, council appoints two members the first year and three members in each of the second and third years.

(1) Ex officio members. Ex officio members of the commission shall be the incumbent of the following positions, or the incumbent's representative: the city manager, the superintendent of schools, the director of human services, the director of the Alexandria Health Department and the president of the Alexandria Chamber of Commerce.

(2) Members appointed by the school board. School board appointees shall be: one school board member, one early childhood teacher working in an Alexandria preschool, one early childhood teacher working in an Alexandria day care center, one child psychologist and two parents of at-risk children.

(3) Members appointed by city council. City council appointees shall be: one developmental pediatrician representing Alexandria Hospital, one member of the economic opportunities commission, one member of the social services advisory board, one Alexandria representative of the Northern Virginia Association for the Education of Young Children, one representative of the Alexandria Chapter of the Northern Virginia Family Day Care Association, one representative of the Alexandria Child Care Directors Association and two members at large.

Section 2. That notwithstanding any contrary provision in city code § 12-10-2, the first representative of the Alexandria Child Care Directors Association appointed by city council to the Commission for Early Childhood Development following the effective date of this ordinance shall serve on the commission until September 30, 1993. Thereafter, the term of any representative of the association shall be three years.

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

Introduction: September 10, 1991
First Reading: September 10,1991
Publication: September 12 & 13, 1991
Public Hearing: September 14,1991
Second Reading: September 14,1991
Final Passage: September 14,1991

44. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to codify the powers and functions of Commission on Disabled Persons. (#28 9/10/91)

(A copy of the City Manager's memorandum dated 9/5/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 44; 9/14/91, 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 Jackson, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

The ordinance finally passed reads as follows:

ORDINANCE NO. 3534

AN ORDINANCE to add a new Chapter 11 (COMMISSION ON DISABLED PERSONS) to Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, on October 8, 1974, by Resolution Number 343, the Alexandria City Council established the Mayor's Committee for the Handicapped to assist in identifying the needs of persons with disabilities, coordinate the use of resources to alleviate the problems of persons with disabilities, provide a forum for communication regarding the problems of persons with disabilities and provide policy recommendations about legislation regarding persons with disabilities; and

WHEREAS, on November 9, 1982, by Resolution Number 907, city council reconstituted the Mayor's Committee for the Handicapped and renamed it the Alexandria Commission for Disabled Persons; and

WHEREAS, on June 26, 1990, by Resolution Number 1469, city council again reconstituted the Alexandria Commission for Disabled Persons; and

WHEREAS, for over 15 years, the Alexandria Commission for Disabled Persons, as established by resolution, has assisted the City of Alexandria in meeting the needs and concerns of its population of persons with disabilities; and

WHEREAS, city council has determined that it is in the interests of the public welfare to reconstitute the Alexandria Commission for Disabled Persons by ordinance; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Title 12 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Chapter 11 to read as follows:

CHAPTER 11

Alexandria Commission on Disabled Persons

Sec. 12-11-1 Creation of commission.

There is hereby established a commission to be known as the Alexandria Commission on Disabled Persons, hereafter referred to in this chapter as the commission.

Sec. 12-11-2 Composition; appointment; chairperson and officers.

(a) The commission shall consist of 25 members. Of the 25 members, eight shall serve ex officio and 17 shall be appointed by city council. Only the members appointed by council shall serve as voting members of the commission. The term of each member appointed by council shall be two years.

(1) Ex officio members. Ex officio members of the commission shall be the incumbent of the following positions, or the incumbent's representative, serving as their schedules permit or as needed by the commission: the mayor, the city manager, the superintendent of schools, the director of code enforcement, the director of general services, the director of the health department, the director of the department of mental health, mental retardation and substance abuse, and the director of personnel services.

(2) Members appointed by city council. The voting members of the commission appointed by city council shall be: one representative of the Alexandria Commission on Aging, one representative of the Virginia Department of Rehabilitative Services, one representative of the Alexandria chamber of commerce and 14 citizen members. A majority of the citizen members shall be persons with disabilities.

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

(c) The commission may establish such committees as it deems necessary to execute its duties and responsibilities.

Sec. 12-11-3 Meetings--quorum; rules of procedure; annual report to council.

The commission shall meet at least once each month from September through June, and may meet in July and August. All meetings of the commission and its committees shall be open to the public to the full extent required by the Virginia Freedom of Information Act. All members of the commission appointed by council shall be entitled to vote, and the decisions of the commission shall be determined by a majority vote of such members present and voting. A quorum, which shall be at least 50 percent of the non-vacant voting seats of the commission, shall be required for the commission to transact business. A voting member present but not voting shall be considered in counting a quorum. In matters concerning the procedure for meetings not covered by this chapter, the commission may establish its own rules, provided these are not contrary to the mandate or spirit of this chapter. Otherwise, the rules of procedure set out in Robert's Rules of Order shall apply. The commission shall render to the city council each year, by September 30, a written report describing its activities and accomplishments, along with any comments and recommendations it may choose to make.

Sec. 12-1-4 Functions.

The functions of the commission shall be the following:

(a) to assist the mayor, city council and city manager in responding to the needs of persons with disabilities by providing policy recommendations regarding city and state laws in order to remove physical and other barriers which confront persons with disabilities;

(b) to assist the mayor, city council and city manager in conducting special events and awareness campaigns focusing on persons with disabilities;

(c) to review and make recommendations regarding the city's affirmative action plan for persons with disabilities, women and minorities;

(d) to provide a forum in which persons with disabilities and their advocates may make known the problems and frustrations which face them in their daily lives and make recommendations for corrective actions;

(e) to provide a liaison for effective communication with the city and with other jurisdictions or agencies regarding the conduct of surveys, studies and hearings related to programs and policies for persons with disabilities;

(f) to assist the city in identifying and obtaining outside funds for carrying out programs and projects developed or approved by the commission; and

(g) to review and make recommendations to the mayor, city council and city manager on programs, policies and services that might remove barriers faced by persons with disabilities in housing, transportation, building access, public accommodations, employment, health, social services, credit and education.

Sec. 12-11-5 Staff assistance.

The director of human services shall be responsible for providing staff support to the commission to keep the commission's minutes, files and reports and to assist the commission in the exercise of its functions.

Section 2. That members of the Alexandria Commission on Disabled Persons appointed by council pursuant to resolution number 1469 who are members of the commission on September 14, 1991, shall continue to serve until the expiration of their terms as established before passage of this ordinance.

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

Introduction: September 10, 1991
First Reading: September 10, 1991
Publication: September 12 & 13, 1991
Public Hearing: September 14, 1991
Final Passage: September 14, 1991

45. Public Hearing, Second Reading and Final Passage of AN ORDINANCE (i) to provide that travel in certain HOV lanes for the purpose of making a left, as well as a right, turn is permissible, (ii) to clarify that the loading or unloading of motor vehicles in HOV lanes is prohibited, and (iii) to bring the city code sections that address driving without a valid license and driving on a suspended or revoked license more closely in line with the state code. (#29 9/10/91)

(A copy of the City Attorney's memorandum dated 9/6/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 9/14/91, 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 Jackson, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

The ordinance finally passed reads as follows:

ORDINANCE NO. 3535

AN ORDINANCE to amend and reordain subsection (a) of Section 10-3-2 (COMMUTER BUS AND HIGH OCCUPANCY VEHICLE LANES), Section 10-3-300 (DRIVING WITHOUT LICENSE PROHIBITED; PENALTIES), and Section 10-3-301 (DRIVING WHILE LICENSE, PERMIT OR PRIVILEGE TO DRIVE IS SUSPENDED OR REVOKED), all of Article A (GENERAL PROVISIONS), 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 subsection (a) of Section 10-3-2 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. 10-3-2 Commuter bus and high occupancy vehicle lanes.

(a) The city council, by resolution, may designate commuter lanes on the streets of the city under its exclusive jurisdiction for the exclusive use of buses and high occupancy vehicles during specified days and hours. No vehicles other than buses and high occupancy vehicles shall, for any purpose, enter or travel in a commuter lane designated by council during the days and hours specified by council, except that any vehicle may enter and travel in a commuter lane if it turns at the first intersection or at any point before such intersection, following the point it enters the lane.

Section 2. That Section 10-3-300 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the hereby is amended and reordained to read as follows:

Sec. 10-3-300 Driving without license prohibited; penalties.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-300 of the Virginia Code, as amended, which relates to driving without a valid license, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 3. That Section 10-3-301 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. 10-3-301 Driving while license, permit or privilege to drive is suspended or revoked.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-301 of the Virginia Code, as amended, which relates to driving while a license, permit or privilege to drive is suspended or revoked, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

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

46. Public Hearing, Second Reading and Final Passage of AN ORDINANCE granting an encroachment into the public sidewalk right-of-way of North St. Asaph Street consisting of an awning for the restaurant located at 112 North St. Asaph Street. (#30 9/10/91)

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3536

AN ORDINANCE authorizing the operator of the restaurant at 112 North St. Asaph Street, in the City of Alexandria, Virginia, to establish and maintain an encroachment into the public right-of-way of North St. Asaph, said encroachment consisting of an awning approximately five feet in width which extends into the public street right-of-way to a depth of approximately six feet.

WHEREAS, Ralph Capobianco operates a restaurant named "King Street Blues" on the property located at 112 North St. Asaph Street in the City of Alexandria, Virginia; and

WHEREAS, Mr. Capobianco desires to establish and maintain an awning over the front door of his restaurant building which will be approximately five feet in width and will encroach into the public right-of-way of North St. Asaph Street to a depth of approximately six feet;

WHEREAS, the public right-of-way at that point on North St. Asaph 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 City Council of Alexandria that this encroachment is not detrimental to the public interest; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Ralph Capobianco and his successors operating the King Street Blues restaurant located at 112 North St. Asaph Street in the City of Alexandria (hereinafter collectively the "Operator") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way of North St. Asaph Street, said encroachment consisting of an awning, approximately five feet in width, over the front door of the restaurant building extending approximately six feet into the public right-of-way of North St. Asaph 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 the Operator of liability for any negligence of the Operator 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 the Operator 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:

$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and the Operator as named insureds and shall provide for the indemnification of the City of Alexandria and the Operator 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 terminate. In that event, the Operator 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 the Operator. Nothing in this section shall relieve the Operator 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, the Operator 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 Operator maintaining the awning and 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 Operator shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, 1981, as amended.

Section 7. 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 Operator the removal of the encroachment. Said removal shall be completed within 60 days of receipt of the notice and shall be accomplished by the Operator without cost to the city. If the Operator 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 the Operator, and shall not be liable to the Operator for any loss or damage caused by the removal.

Section 8. That the authorization herein granted to establish and maintain the encroachment shall be subject to the Operator conforming the design of the awning to that approved by the City Council.

Section 9. That this ordinance shall be effective upon the date and at the time of its final passage.

Introduction: September 10, 1991
First Reading: September 10,1991
Publication: September 12 & 13, 1991
Public Hearing: September 14,1991
Second Reading: September 14,1991
Final Passage: September 14,1991

47. Public Hearing, Second Reading and Final Passage of AN ORDINANCE granting an encroachment into the public sidewalk right-of-way of King Street consisting of an awning for the restaurant located at 1019 King Street. (#31 9/10/91)

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3537

AN ORDINANCE authorizing the operator of the restaurant at 1019 King Street, in the City of Alexandria, Virginia, to establish and maintain an encroachment into the public right-of-way of King Street, said encroachment consisting of an awning approximately six feet in width which extends into the public street right-of-way to a depth of approximately three feet.

WHEREAS, Quynh-Dao Nguyen operates a restaurant named "Vietnamien's" on the property located at 1019 King Street in the City of Alexandria, Virginia; and

WHEREAS, Quynh-Dao Nguyen desires to establish and maintain an awning over a front window of his restaurant building which will be approximately six feet in width and will encroach into the public right-of-way of King Street to a depth of approximately three feet;

WHEREAS, the public right-of-way at that point on King 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 City Council of Alexandria that this encroachment is not detrimental to the public interest; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Quynh-Dao Nguyen and his successors operating the Vietnamien's Restaurant located at 1019 King Street in the City of Alexandria (hereinafter collectively "Operator") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way of King Street said encroachment consisting of an awning, approximately six feet in width, over a front window of the restaurant building extending approximately three feet into the public right-of-way of King 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 the Operator of liability for any negligence of the Operator 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 the Operator 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:

$1,000,000 aggregate

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, the Operator 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 Operator maintaining the awning and 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.

Section 6. That the Operator shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, 1981, as amended.

Section 7. 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 Operator the removal of the encroachment. Said removal shall be completed within 60 days of receipt of the notice and shall be accomplished by the Operator without cost to the city. If the Operator 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 the Operator, and shall not be liable to the Operator for any loss or damage caused by the removal.

Section 8. That the authorization herein granted to establish and maintain the encroachment shall be subject to the Operator conforming the design of the awning to that approved by the Board of Architectural Review.

Section 9. That this ordinance shall be effective upon the date and at the time of its final passage.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

CONSENT CALENDAR 48 - 56

48. SUP #1647-F - Public Hearing and Consideration of a request for Special Use Permit to expand the existing automobile repair garage located at 4405 Duke Street; zoned C-2, Commercial. Applicant: Louis Bonfiglio, t/a 4405 Corporation.

COMMISSION ACTION: Withdrawn by Applicant at Hearing

49. SUP #2464 - Public Hearing and Consideration of a request for Special Use Permit for an automobile storage facility for Hertz automobile rental agency located at 3800 Jefferson Davis Highway; zoned I-2, Industrial. Applicant: The Hertz Corporation, by Jan B. Woodman.

COMMISSION ACTION: Deferred by Staff Prior to Hearing

50. SUP #1787-B - Public Hearing and Consideration of a request for Special Use Permit to expand the existing automobile storage facility located at the rear of 825 Slater's Lane; zoned I-2, Industrial. Applicant: Avis Rent-A-Car System Inc., by David W. Buckley, attorney.

COMMISSION ACTION: Deferred by Staff Prior to Hearing

51. SUP #2497 - Public Hearing and Consideration of a request for Special Use Permit to operate a child care facility located at 3830 Seminary Road, within the Temple Beth El Synagogue; zoned R-20, Residential. Applicant: Joan L. Ehrlich.

COMMISSION ACTION: Withdrawn by Applicant Prior to Hearing

52. SUP #2502 - Public Hearing and Consideration of a request for Special Use Permit to operate full-service restaurant with carry-out service located at 3807 Mount Vernon Avenue; zoned C-2, Commercial. Applicant: Best Equipment Corporation, by Sang B. Choi.

COMMISSION ACTION: Deferred by Staff Prior to Hearing

53. SUP #2508 - Public Hearing and Consideration of a request for a Special Use Permit to operate a community building located at 125 South Payne Street; zoned C-3, Commercial. Applicant: Alive Inc., by Harry P. Hart, attorney.

COMMISSION ACTION: Deferred by Staff Prior to Hearing

54. SUP #2515 - Public Hearing and Consideration of a request for a Special Use Permit to place an office trailer on the property located at 3700-B Jefferson Davis Highway; zoned I-1, Industrial. Applicant: Rick's Towing Inc.

COMMISSION ACTION: Deferred by Staff Prior to Hearing

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

55. SUP #2495-A - Public Hearing and Consideration of a request for a Transportation Management Plan (TMP) for a proposed 26,400-gross-square-foot office building on the existing Bradlee Shopping Center site and located west of Quaker Lane between King Street and Braddock Road; zoned C-2, Commercial. Applicant: Washington Real Estate Investment Trust, by Sandra T. Hunt. (This request was referred back to Planning Commission by City Council in June 1991.) (#7 6/15/91)

COMMISSION ACTION: Recommend Denial 7-0

NOTE: THIS ITEM WAS DEFERRED BY CITY COUNCIL TO THE PUBLIC HEARING MEETING OF OCTOBER 12, 1991.

56. SITE PLAN #87-051-B - Appeal of the Decision of the Planning Commission on Site Plan #87-051-B, BRADLEE SHOPPING CENTER OFFICE BUILDING. The applicant proposes to construct a four- (4) story office building having 26,400 square feet of gross floor area. The property is located on the south side of King Street, west of North Quaker Lane and has frontage on West Braddock Road. The site plan area contains 10.59 acres; zoned C-2, Commercial. Applicant: Washington Real Estate Investment Trust, by Sandra T. Hunt. (This request was referred back to Planning Commission by City Council in June 1991.) (#8 6/15/91)

COMMISSION ACTION: Denied 7-0

IT WAS NOTED BY CITY COUNCIL THAT THE ABOVE APPEAL HAS BEEN FILED AND WILL BE HEARD AT THE PUBLIC HEARING MEETING OF OCTOBER 12, 1991.

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council noted the deferrals and withdrawals. The voting was as follows:

WITHOUT OBJECTION, at 12:05 p.m., the City Council recessed for lunch.

Whereupon, at 2:05 p.m., the meeting was reconvened and the following transpired:

WITHOUT OBJECTION, Docket Item Nos. 30 and 31 were considered together.

30. SUP #2505 - Public Hearing and Consideration of a request for a Transitional Special Use Permit for a project known as "Home Depot Retail Center". The proposed project will contain a 162,534-square-foot shopping center and a 24,000-square-foot post office, with a floor area ratio of 0.27 on a 15.0-acre site. The site, known as the "Trade Center", is zoned I-1, Industrial and is located at 300 South Pickett Street, Assessment Map 58.00, Block 03, Lot 03. Applicant: Home Depot Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 9/14/91, and is incorporated herewith as part of this record by reference.

A copy of a communication from Wapleton Condominiums dated 9/11/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 9/14/91, and is incorporated herewith as part of this record by reference.)

31. SUP #2506 - Public Hearing and Consideration of a request for a Transportation Management Plan (TMP) Special Use Permit for a project known as "Home Depot Retail Center". The proposed project will contain a 162,534-square-foot shopping center and a 24,000-square-foot post office, with a floor area ratio of 0.27 on a 15.0-acre site. The site, known as the "Trade Center", is zoned I-1, Industrial and is located at 300 South Pickett Street, Assessment Map 58.00, Block 03, Lot 03. Applicant: Home Depot Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 9/14/91, and is incorporated herewith as part of this record by reference.

A copy of the Traffic Impact Study and Transportation Management Plan dated June 1991, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 31; 9/14/91, and is incorporated herewith as part of this record by reference.)

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

Howard Middleton, 510 King Street, attorney representing the applicant, presented the application and spoke in support of it and indicated that condition R-15 places the project in jeopardy;

Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support of the project and to the voting facility and police satellite facility which have been located at the Trade Center for many years; and

Beverly Beidler, Registrar of Voters, spoke to the issue of providing a voting facility.

There was considerable discussion on this by the Members of City Council, Mr. Middleton, Ms. Beidler, Mr. O'Kane, Director of Transportation and Environmental Services, Mr. Lynn, Director of Planning and Community Development, and Mr. Brenman.

Councilman Donley stated that we do have, at least, the assurance of the agreement that the applicant and the owner will work with the Electoral Board and our Registrar of Voters to find a suitable place to provide voting and there has been a representation today that they will provide an appropriate voting facility on-site through the 1992 general election.)

30. WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation to approve the proposed application, subject to all codes and ordinances and staff conditions, with a change in R-15 that the applicant post a letter of credit in the amount of $100,000 at the time they get occupancy of the Home Depot Facility and the five years would begin at that point to be used in the event that an undergrounding of overhead utility lines in the South Pickett Street area takes place. The voting was as follows:

31. WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation to approve the request subject to the amendment of Condition #6 by the Planning Commission. The voting was as follows:

Speck "aye"

OTHER

57. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated 9/11/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 57; 9/14/91, and is incorporated herewith as part of this record by reference.)

(Councilman Jackson mentioned that Metro will hold a public hearing on discontinuing the Metro bus that operates between the Eisenhower Metro Station and the Metro S&I Yards tentatively scheduled for Hammond Jr. High on October 29 at 7:30 p.m.

Councilwoman Pepper mentioned that on October 10, the Alexandria Adult Day Health Care is having their Fifth Anniversary celebration from 5:30 p.m. to 7:00 p.m.

The City Manager stated that there is a possibility that the Commission on Disabled will be having its annual reception for Council before the first October Council meeting. We need to get back and let you know about that.

It was decided that it needs to be determined that if the Council Members who have commitments for Thursday night October 10 can be changed, then we will indeed meet on that Thursday, if not, the meeting will stand as is.

Ms. Evans, Assistant City Manager, will send a memorandum advising Council when the meeting will be held.

New Business Item No. 1

The City Attorney proposes that we intervene up front and retain the same outside counsel who have represented us in the other litigation to make some preliminary challenges to this most recent lawsuit. We estimate that that will entail about $5,000 to $10,000 in legal fees and then depending upon the outcome of that, they would come back if they did have to go to trial whether we should stay in the case or whether we should, at that point, drop out. His recommendation is that this would be a worthwhile position for the city to take.

WITHOUT OBJECTION, it was the consensus of Council to go forward.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, at 3:10 p.m., the Public Hearing Meeting of Saturday, September 14, 1991, was adjourned. The voting was as follows:

APPROVED BY:

________________________________

PATRICIA S. TICER MAYOR

ATTEST:

____________________________
Beverly I. Jett, CMC City Clerk

This docket is subject to change.

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