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Public Hearing Meeting
Saturday, May 16, 1992 - - 9:30 am


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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; Ms. Evans, Assistant City Manager; Mr. Sunderland, City Attorney; Mr. Lynn, Director of Planning and Community Development; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Services; Mr. Platky, Director of Management and Budget; Mr. Neckel, Director of Finance; Mr. Sanderson, Director of Real Estate Assessments; Mr. Moore, Zoning Administrator; Mr. Brannan, Assistant City Manager; Mr. Grossman, Division Chief of Planning and Community Development; Ms. Johnson and Mr. Cox, Urban Planners, Planning and Community Development; Mr. Crabill, Division Chief of Planning and Community Development; Fire Chief Beam; Lieutenant Johnson, Police Department; and Sergeant Corle, Police Department.

Recorded by: Susan K. Seagroves, Deputy City Clerk and Clerk of Council.

The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all members of City Council were present except Vice Mayor Cleveland who arrived at 10:15 a.m.
(a) James Graham, 305 South Royal Street, demonstrated a cost-saving sign which could be used in the permit parking district and recommended that the City place notice of Council's meetings on television Channels 7 and 9.

(b) Gayle Reuter, Joseph Pettiford, Tony Lovelace, Dorothy Pearson, Adrienne Hollander and Tomas Graham, representing Mt. Vernon Avenue Associates, thanked City staff and everyone who helped with the Del Ray Avenue Block Party and presented t-shirts and commemorative posters to Council and the City Manager.

(c) Harry P. Hart, attorney representing Alexandria 2020, presented to the City Council 1,150 postcards in favor of the 2020 development; which postcards are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 2; 5/16/92, and is incorporated herewith as part of this record by reference.

The Meeting was called to order by Mayor Ticer, and the City
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
WITHOUT OBJECTION, City Council took Docket Items No. 7 and 21 out of order to consider requests for deferral.

7. SUP #2576 -- Public Hearing and Consideration of a request for a Special Use Permit to operate a restaurant (tea room) located at 106 South Union Street; zoned I-2. Industrial. Applicant: Olsson Enterprises, Inc., t/a Olsson's Books and Records, by William J. McClusky, Jr.
COMMISSION ACTION: Recommend Approval 4-2

(A copy of a letter requesting deferral from William J. McCluskey, Jr., dated May 15, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 5/16/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council deferred this item [to June 13]. The voting was as follows:

Pepper "aye" Cleveland not yet arrived
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

21. ENCROACHMENT #92 - 004 -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for the construction of signs located at 101-201 North Union Street; zoned I-2, Industrial. Applicant: Alexandria Waterfront Associates, by Gary Baker.
COMMISSION ACTION: Recommend Approval 4-2

(A copy of a letter from Alexandria Waterfront Associates Limited Partnership requesting deferral, dated May 15, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 5/16/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 6-to-0. City Council deferred this item [to June 13]. The voting was as follows:

Donley "aye" Cleveland not yet arrived
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"







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New Business Item No. 1: WITHOUT OBJECTION, Mayor Ticer announced that the Governor is going to make appointments to the Advisory Board for the Airports Authority, and Council will have to do that by May 26, which won't allow Council time to go through the normal appointment process. Anyone who is interested should call either Citizen Assistance, the City Clerk's Office or Tom Brannan, Public Information Officer, for additional information. Council will make a selection on May 26.

(A copy of the City Manager's press release dated May 14, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of New Business Item No. 1; 5/16/92, and is incorporated herewith as part of this record by reference.)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

3. Consideration of the Potomac Yard\Potomac Greens Small Area Plan. (#2 5/12/92; #2 4/30/92; #2 4/4/92) (NOT A PUBLIC HEARING ITEM)

(A copy of the City Manager's memorandum dated April 13, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of the List of Materials Furnished for City Council Public Hearing on Potomac Yard/Potomac Greens Small Area Plan dated April 4, 1992, updated by inclusion of the City Manager's memoranda dated April 13, 1992, May 7, 1992, and April 1, 1992 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of the text of motions read by Councilman Speck is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 3 of Item No. 3; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of the City Attorney's memorandum dated May 17, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 3; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of the CDD Guidelines for Potomac Yard/Potomac Greens Small Area Plan as Approved by City Council May 16, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 3; 5/16/92, and is incorporated herewith as part of this record by reference.

Copies of correspondence received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 6 of Item No. 3; 5/16/92, and is incorporated herewith as part of this record by reference.)

Councilman Jackson stated "that in anticipation of the discussion and vote on the small area plan for the present Potomac Yard site, I wrote to both the Commonwealth's Attorney and the City Attorney inquiring whether I would have a conflict of interest in helping to decide this matter because of my employment relationship with Amtrak. Both the City Attorney and Commonwealth's Attorney have responded to that inquiry and they've indicated that I do have a personal interest in this decision owing to the fact that I am employed by Amtrak; however, based on advice from both the Commonwealth's Attorney and the City Attorney, I am able to participate in deciding these matters by declaring that I am able to participate in the transaction fairly,
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objectively and in the public interest. I have copies of the opinions and concurrences from both the Commonwealth's and City Attorney on file in my office and will make them available to anyone who would like to see them."

(A copy of the memorandum from the City Attorney dated April 22, 1992, with the concurrence of the Commonwealth's Attorney dated April 16, 1992, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 7 of Item No. 3; 5/16/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, a motion was made by Councilman Speck and seconded by Councilman Donley, that Council adopt the Potomac Yard/Potomac Greens Small Area Plan, dated June 25, 1991, as revised January 8, 1992, and as further revised by the Planning Commission on March 19, 23 and 25, 1992, with the exception of (i) pages 80A through 86 of the revised plan, which contain the CDD principles and provisions regarding "development without a CDD special use permit," and (ii) page 88 of the revised plan which contains Map 25 showing CDD height limits; and

that, as a replacement for these pages of the plan, Council adopt in its entirety the document entitled "CDD Guidelines for Potomac Yard/Potomac Greens Small Area Plan as Tentatively Approved by City Council" (the "Guidelines"), including a new Map 25 showing CDD height limits, which document is the enclosure to the City Manager's April 13 [sic], 1992, memorandum to Council (Docket Item 3, 5/16/92), except as those Guidelines are amended in the following four ways:

(a) on page 2 of the Guidelines, paragraph 4 is amended by removing the present language and adding the following:

4. The total amount of development allowed on this site shall be as follows:
The City Council acknowledges the right of the owner of the site, or a successor in interest, to apply for an amendment to this plan and to the City's zoning code which would increase the amount of development permitted on the site pursuant to a CDD plan. Council also acknowledges that a future Council may look favorably on such an amendment if the then-existing development on the site and the proposed increase in development had not caused, and were not expected to cause, adverse impacts on the overall character of the City and the quality of life of the residents in the City, and in particular on the residential neighborhoods located around the site.

In the event the Potomac Greens site plan (page 44), which is currently in litigation, is upheld by the courts and a decision to proceed with the site plan project is made, appropriate revisions to this paragraph and other CDD principles will be made.

(b) on page 4 of the Guidelines, paragraph 13 is amended by removing the present language and adding the following:

13. Fifteen percent of the residential units shall be affordable.






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(c) on page 4 of the Guidelines, paragraph 15 is amended by adding after the word "facilities" a comma and then the following:

including a school and school-related facilities

(d) on page 5 of the Guidelines paragraph 23 is amended by removing the present language and adding the following:

Any connection between the George Washington Memorial Parkway and the Potomac Greens site shall only be through an at-grade intersection and shall only serve residential uses on the Potomac Greens site. If such an intersection is constructed, the road system shall be designed to ensure that no vehicles can travel between the intersection and the Potomac Yard, U.S. Route 1 or Slater's Lane.

(e) on page 6 of the Guidelines, paragraph 32 is amended by deleting the word "at" in the second line and replacing it with the phrase "up to."

(General Discussion. Members of Council discussed the motion and how to proceed.)

At this Point, 10:15 a.m., it was noted that Vice Mayor Cleveland arrived at the meeting.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 5-to-2, City Council changed 4(d) on page 2 of the Guidelines to 3,500 residential units, maximum. The voting was as follows:

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

THEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council amended paragraph 5, page 3 of the Guidelines, by adding: At no time shall the proportion of residential uses in the aggregate amount of development that has been constructed and occupied be less than the proportion of residential uses in the overall development stated in paragraph 4. The voting was as follows:
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"

WHEREUPON, a motion was made by Council Member Rich and seconded by Councilman Jackson, that the initial phase or phases may specify or provide for up to 6,000,000 square feet of development. Any phase above 6,000,000 square feet shall require a special use permit; which motion FAILED on a vote of 2-to-5. The voting was as follows:
Jackson "aye" Donley "no"
Ticer "no" Speck "no"
Pepper "no"

THEREUPON, a motion was made by Councilwoman Pepper to allow total development on this site of 2.75 million square feet of office space, 625 hotel rooms, 300,000 square feet of retail space, up to 3,500 residential units. This configuration can be done in such a way that it would not exceed 8,000,000 square feet of development; which motion FAILED for lack of a second.


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WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried on a vote of 6-to-1, City Council amended (b) 13, on page 4 of the Guidelines, to read: Ten percent of the residential units constructed on the site shall be made affordable. An amount equivalent to the provision of an additional five percent of the on-site residential units as affordable shall be made available to the City for use in the provision of off-site affordable housing. The voting was as follows:

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

THEREUPON, a motion was made by Councilwoman Pepper to amend page 4 of the Guidelines, paragraph 15, after the words: "if it is needed." by inserting the sentence: The school system may require land for another school; which motion FAILED for lack of a second.

BY UNANIMOUS CONSENT, technical changes were made on page 4 of the Guidelines, paragraph 15, by adding after the word "facilities" a comma and then: "including a school and school-related facilities. In addition"

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 5-to-2, City Council deleted paragraph (d) on page 5 of the Guidelines, paragraph 23, and inserted: There shall be no access to Potomac Greens from the Parkway. The voting was as follows:

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

THEREUPON, a motion was made by Councilwoman Pepper, seconded simultaneously by Council Member Rich, for purposes of discussion, and Vice Mayor Cleveland, that separate and parallel pedestrian and bicycle pathways shall be provided on the west side of the Yard from Braddock Road to Four Mile Run on the landscaped buffered strip be inserted into the CDD principles; which motion FAILED on a vote of 2-to-5. The voting was as follows:

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

WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Council Member Rich, that page 6 of the Guidelines, paragraph 29, be amended to read: Buildings along Route 1 shall be limited to 45 feet except for 1-2 buildings at Four Mile Run, which may rise 77 feet; which motion FAILED on a vote of 2-to-5. The voting was as follows:

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

THEREUPON, a motion was made by Councilwoman Pepper, that on page 6 of the CDD Guidelines, paragraph 31 be amended to read: In the commercial core west of the proposed Metro station, no more than 3 or 4 buildings may rise to a height of 84 feet, provided that they have retail uses on the ground floor; the remaining buildings in that area shall display a substantial variety of heights; which motion FAILED for lack of a second.

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WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Councilman Donley, that City Council amend paragraph 31 on page 6 of the CDD Guidelines to read: In the commercial core west of the proposed Metro station, no more than 3 or 4 buildings may rise to a height of 110 feet, provided that they have retail uses on the ground floor; the remaining buildings in that area shall display a substantial variety of heights.

THEREUPON, a substitute motion was offered by Council Member Rich that buildings be limited to a height of 84 feet without a limit on the number of buildings; which motion FAILED for lack of a second.

WHEREUPON, a substitute motion was offered by Council Member Rich that the building height be 84 feet with an average of 77 feet; which motion FAILED for lack of a second.

THEREUPON, a substitute motion was offered by Council Member Rich that the building height will be 84 feet; which motion FAILED for lack of a second.

WHEREUPON, Council returned to the main motion made by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 5-to-2, that City Council amend paragraph 31 on page 6 of the Guidelines to read: In the commercial core west of the proposed Metro station, no more than 3 or 4 buildings may rise to a height of 110 feet, provided that they have retail uses on the ground floor; the remaining buildings in that area shall display a substantial variety of heights below 110 feet. The voting was as follows:

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

THEREUPON, a motion was made by Councilwoman Pepper, on page 6 of the Guidelines, paragraph 34, to reduce the phrase "within 1,500 feet of the Metro station buildings" to read: "within 1,000 feet of the Metro station buildings"; which motion FAILED for lack of a second.

WHEREUPON, a motion was made by Council Member Rich, seconded by Councilman Donley, that Council amend paragraph 17, page 4 of the Guidelines, to say that: A new Metrorail station shall be built by the developers and paid for with public and/or private financing at an appropriate location within the CDD area. The rest would remain the same; which motion FAILED on a ROLL-CALL vote of 3-to-4. The voting was as follows:

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

THEREUPON, a motion was made by Councilwoman Pepper that Council amend paragraph 18, page 4 of the Guidelines, by changing the phrase "shall be designed" to read "may be designed"; which motion FAILED for lack of a second.







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WHEREUPON, City Council returned to the main motion, as amended, made by Councilman Speck, seconded by Councilman Donley and carried on a vote of 4-to-3, and City Council adopted the Potomac Yard/Potomac Greens Small Area Plan, dated June 25, 1991, as revised January 8, 1992, and as further revised by the Planning Commission on March 19, 23 and 25, 1992, with the exception of (i) pages 80A through 86 of the revised plan, which contain the CDD principles and provisions regarding "development without a CDD special use permit," and (ii) page 88 of the revised plan which contains Map 25 showing CDD height limits; and

that, as a replacement for these pages of the plan, Council adopted in its entirety the document entitled "CDD Guidelines for Potomac Yard/Potomac Greens Small Area Plan As Tentatively Approved by City Council" (the "Guidelines"), including a new Map 25 showing CDD height limits, which document is the enclosure to the City Manager's May 7, 1992, memorandum to Council (Docket Item No. 2, 5/12/92), except as those Guidelines are amended in the following six ways:

(a) on page 2 of the Guidelines, paragraph 4 is amended by removing the present language and adding the following:

4. The total amount of development allowed on this site shall be as follows:
The City Council acknowledges the right of the owner of the site, or a successor in interest, to apply for an amendment to this plan and to the City's zoning code which would increase the amount of development permitted on the site pursuant to a CDD plan. Council also acknowledges that a future City Council may look favorably on such an amendment if the then existing development on the site and the proposed increase in development has not caused, and is not expected to cause, adverse impacts on the overall character of and quality of life in the City, and in particular the residential neighborhoods that are near the site and are affected by the vehicular traffic traveling to and from the site.

In the event the Potomac Greens site plan, which is currently in litigation, is upheld by the courts and a decision to proceed with the site plan project is made, appropriate revisions to this paragraph and other CDD principles will be made.

(b) on page 4 of the Guidelines, paragraph 13 is amended by removing the present language and adding the following:

13. Ten percent of the residential units constructed on the site shall be made affordable. An amount equivalent to the provision of an additional five percent of the on-site residential units as affordable shall be made available to the City for use in the provision of off-site affordable housing.

(c) on page 4 of the Guidelines, paragraph 15 is amended by adding after the word "facilities" a comma and then the following:

including a school and school-related facilities. In addition,

(d) on page 5 of the Guidelines, paragraph 23 is amended by removing the present language and adding the following:

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There shall be no intersection or connection between the George Washington Memorial Parkway and the Potomac Greens site by which motor vehicles can access that site from theParkway or by which vehicles can access the Parkway from the site.

(e) on page 6 of the Guidelines, paragraph 32 is amended by deleting the word "at" in the second line and replacing it with the phrase "up to."

(f) on page 3 of the Guidelines, paragraph 5 shall be amended by adding to the end of the current paragraph the following: At no time shall the proportion of residential uses in the aggregate amount of development that has been constructed and occupied be less than the proportion of residential uses in the overall development stated in paragraph 4.

(g) on page 6, paragraph 31 shall be amended by deleting the phrase "a limited number of" and replacing it with the phrase "no more than three or four." Council also added the phrase "below 110 feet" just before the period at the end of paragraph 31.

The voting was as follows:

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

THEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council authorized staff to make any clarifying, conforming and other technical revisions to the non-CDD portion of the just-adopted Potomac Yard/Potomac Greens Small Area Plan that they believe to be necessary; that those revisions be included in the Potomac Yard/Potomac Greens Small Area Plan which Council is required to adopt by ordinance; and that that small area plan ordinance be presented for introduction and first reading by Council on June 13, 1992. The voting was as follows:

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


At this point, 12:25 p.m. it was noted that Vice Mayor Cleveland left the meeting.

New Business Item No. 2: WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 5-to-0, at 12:30 p.m., City Council convened an executive session following the lunch break for the purpose of: consulting with and receiving a briefing from legal counsel pertaining to the following pending litigation involving the City, pursuant to section 2.1-344(7) of the Virginia Code: Matranga v. City of Alexandria (Case No. CL910653), which is pending in the Circuit Court for the City of Alexandria. The voting was as follows:

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

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Thereupon, at 1:30 p.m., the meeting was reconvened and the following transpired:

WITHOUT OBJECTION, City Council considered Item Nos. 22 and 23 out of order.

22. SUP #2582 -- Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile sales business located at 2514 Jefferson Davis Highway; zoned I-1, Industrial. Applicant: Alexandria Toyota, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Denial 3-3

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of a letter from Rod Kuckro, President of the Del Ray Citizens Association, dated May 13, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 5/16/92, and is incorporated herewith as part of this record by reference.)

23. SITE PLAN #92-009 -- Public Hearing and Consideration on an Appeal from a Decision of the Planning Commission on May 5, 1992, on Site Plan #92-009, Alexandria Toyota Dealership. The applicant proposes to construct an automobile sales facility located on the southwest corner of Jefferson Davis Highway and Swann Avenue. The site plan area contains 24,083 square feet; zoned I-1, Industrial. Applicant: G & E Oakville Corporation.

(A copy of the Planning Commission report on Site Plan #92-009, involving the property at 2514 Jefferson Davis Highway, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of a letter of appeal from Mr. Rak, attorney for Alexandria Toyota Dealership, dated May 6, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 5/16/92, and is incorporated herewith as part of this record by reference.)







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22. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council approved the staff recommendation, subject to compliance with applicable codes and ordinances, and added Condition #7. The voting was as follows:

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

23. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council overruled the denial by the Planning Commission. The voting was as follows:

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

At this point, City Council returned to consideration of Item No. 4 and the following transpired:

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

4. Public Hearing and Consideration of a Resolution from the American Cancer Society Recommending an Increase in the Tax per Pack for All Cigarettes, Cigars or any Tobacco Product Sold in the City of Alexandria. (Councilman Speck, by request) (#36 4/14/92)

(A copy of a letter from Dr. Paivanas, dated March 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 4; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of Budget Memo Nos. 39 and 38, dated April 30, 1992, and May 5, 1992, respectively, are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 4; 5/16/92, and is incorporated herewith as part of this record by reference.

Copies of correspondence 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. 4; 5/16/92, and is incorporated herewith as part of this record by reference.)


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WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Council Member Rich and Councilman Jackson and carried on a vote of 6-to-0, City Council received the report. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Board of Architectural Review
5. CASE BAR-92-60 -- Public Hearing and Consideration of an Appeal from a Decision of the Board of Architectural Review, Old and Historic District Panel, on April 1, 1992, Denying a Certificate of Appropriateness for Approval of Two Aluminum Entry Doors to be Installed at 603-605 King Street, by Theodore Manousakis, Applicant.

(A copy of the staff report on Case No. BAR 92-60 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of Record of Appeal from Decision of the Board of Architectural Review dated April 3, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Manousakis requesting a postponement, dated March 27, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 5; 5/16/92, 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 requested staff to consider the possibility of using the old doors, just improving their appearance and making them more secure, because the present doors do not close well.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0. City Council remanded this item back to the BAR for consideration in line with a restudy of more appropriate entry doors requested by the Board. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
6. STUDY #92-03 -- Public Hearing and Consideration of an interpretation of the Zoning Ordinance regarding restaurant closing hours. Staff: Planning and Community Development.
COMMISSION ACTION: Recommend Approval 6-0






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(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 5/16/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, a motion was made by Councilman Jackson, seconded simultaneously by Councilwoman Pepper and Councilman Donley that City Council adopt the staff recommendation that meals ordered before the closing hour can be served but that no new patrons be admitted and no alcoholic beverages be served after the closing hour, and that all patrons be out by one hour after the closing hour.

THEREUPON, a substitute motion was offered by Council Member Rich that meals ordered before the closing hour can be served, but that no new patrons be admitted and no alcoholic beverages be consumed after the closing hour and that all patrons be out by one hour after the closing hour and no later than 2:15 a.m.; which motion FAILED for lack of a second.

WHEREUPON, Councilman Speck offered a substitute motion, seconded by Council Member Rich, that meals ordered before the closing hour can be served, but that no new patrons be admitted and no alcoholic beverages be consumed after the closing hour and that all patrons be out by one hour after the closing hour; which substitute motion FAILED on a vote of 2 "ayes" to 4 "noes". The voting was as follows:

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







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THEREUPON, Council returned to the main motion made by Councilman Jackson, seconded simultaneously by Councilwoman Pepper and Councilman Donley and carried on a vote of 4-to-2 City Council adopted the staff recommendation that meals ordered before the closing hour can be served but that no new patrons be admitted and no alcoholic beverages be served after the closing hour, and that all patrons be out by one hour after the closing hour. The voting was as follows:

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

8. SUP #1712-C -- Public Hearing and Consideration of a request for a Special Use Permit to change the ownership of the restaurant located at 815 King Street; zoned C-3, Commercial. Applicant: Abiaco, Inc., t/a Dfouny Lebanese Restaurant, by Fouad Abi Aad.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 5/16/92, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council amended Condition #7 to read: That by October 1, 1992, employers shall provide and require their employees to use off-street parking. The voting was as follows:

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

THEREUPON, 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, as amended, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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







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9. STUDY #92-04 -- Public Hearing and Consideration of whether or not to change the Alexandria Zoning Code to require special use permits for churches or whether to revise off-street parking regulations for churches. Staff: Planning and Community Development, Special Projects Division.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 5/16/92, 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.

(General Discussion. Members of Council, Mr. Crabill, Division Chief of Planning and Community Development, Mr. Lynn, Director of Planning and Community Development, and Mr. Moore, Zoning Administrator, participated in the discussion on this item.)

At this time, 3:35 p.m., it was noted that Vice Mayor Cleveland returned to the meeting.

WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a vote of 4-to-3, City Council did not implement the staff recommendation, and the zoning code will not be amended to revise off-street parking requirements for new churches. The voting was as follows:

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

10. SUP #2309-B -- Public Hearing and Consideration of a request for a Special Use Permit to change the hours of operation and add seating to the existing carry-out restaurant located at 3250 Duke Street; zoned I-1, Industrial. Applicant: Nematollah Sadeghi. (#5 4/25/92)
COMMISSION ACTION: Recommend Approval 4-2

(A copy of the City Manager's memorandum dated May 6, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated April 7, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of a letter dated April 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 10; 5/16/92, 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 Planning Commission recommendation, subject to compliance with all applicable codes, ordinances and staff recommendations, and deleted Condition #12 and added Conditions #15 and #16. The voting was as follows:

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

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11. SUP #2304-C -- Public Hearing and Consideration of a review of the approved Special Use Permit for the automobile repair garage located at 3700 Jefferson Davis Highway; zoned I-2, Industrial. Applicant: Auto Body Shop, by Ali Tourkaman.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/16/92, 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 is to communicate to the applicant Council's concern about litter and debris in the area.

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

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

12. SUP #2479-A -- Public Hearing and Consideration of a review of the approved Special Use Permit for the automobile repair garage located at 510 South Van Dorn Street, Unit E, and 617 South Van Dorn Street, Units E, F and G, within the Van Dorn Station Shopping Center; zoned I-1, Industrial. Applicant: P.A.P. Enterprises, Inc., t/a All Tune & Lube, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/16/92, and is incorporated herewith as part of this record by reference.)

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

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

13. LANDMARK/VAN DORN SMALL AREA PLAN -- Public Hearing and Consideration of amendments to the Landmark/Van Dorn Small Area Plan to revise the Coordinated Development District (CDD) guidelines for Cameron Station. Staff: Planning and Community Development, Comprehensive Planning Division.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 5/16/92, and is incorporated herewith as part of this record by reference.)



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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows:

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

14. TEXT AMENDMENT #92-011 -- Public Hearing and Consideration of the following revised section of the proposed new zoning code: Section 6-400 Height Districts. Staff: Planning and Community Development, Special Projects Division.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/16/92, 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 unanimously, City Council approved the text amendment. (City Attorney to prepare necessary ordinance.) The voting was as follows:

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

15. SUP #1324-B -- Public Hearing and Consideration of a request for a special Use Permit to make alterations to the gasoline service station located at 4670 Duke Street; zoned C-2, Commercial. Applicant: STAR Enterprise, t/a Texaco, by Joseph Mitchum.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/16/92, and is incorporated herewith as part of this record by reference.)

Councilwoman Pepper indicated for the record "that this is property that is part of the 4600 Duke Condominium. It is just another condominium owner, if you will, and I have no conflict of interest here, so I will be participating."







17


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

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

16. SUP #1732-B -- 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 2018 Mount Vernon Avenue; zoned C-2, Commercial. Applicant: Jose M. Obradovich, d/b/a Pepe's Snack Shop.

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/16/92, 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 by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #13. The voting was as follows:

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

17. SUP #2571 -- Public Hearing and Consideration of a request for a Special Use Permit to park rental vehicles in conjunction with the existing automobile rental agency office located at 512 South Van Dorn Street, Unit C, within the Van Dorn Station Shopping Center; zoned I-1, Industrial. Applicant: Enterprise Rent-A-Car, by Nan E. Terpak.

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/16/92, 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 Donley and carried unanimously, City Council approved the Planning Commission recommendation, subject to compliance with all applicable codes ordinances and staff recommendations and amended Condition #9 and added Condition #10. The voting was as follows:

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





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18. SUP #2577 - - Public Hearing and Consideration of a request for a Special Use Permit to operate a health club (tanning salon) located at 5021 Seminary Road, Unit 226, the Berkeley Building, Southern Towers Apartments; zone C-2, Commercial. Applicant: California Sunsations, Inc., by Darcy W. Stevens.
COMMISSION ACTION; Recommend Approval 6-0

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/16/92, 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 Planning Commission recommendation, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

19. SUP #2579--Public Hearing and Consideration of a request for a Special Use Permit to operate an impoundment lot located at 3650 Wheeler Avenue; zoned I-1, Industrial. Applicant: Michael P. Amann and Sheldon S. Nasar.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 5/16/92, 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 Donley and carried unanimously, City Council approved the Planning Commission recommendation, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #16, and Council added Condition #17 that appropriate shrubbery screening be planted, to the satisfaction of staff, and that there be adequate lighting, as determined by staff. The voting was as follows:

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

20. ENCROACHMENT #92-003 -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for the construction of a sign located at 1799 Duke Street, on the north side of Duke Street at Diagonal Road; zoned C-3, Commercial. Applicant: King Street IV Associates, by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend Denial 6-0

(A copy of the Planning Commission report dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 5/16/92, and is incorporated herewith as part of this record by reference.)



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WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Speck and carried unanimously, City Council approved the staff recommendation. (City Attorney to prepare necessary ordinance.) The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the zoning code to implement a new procedure for considering changes in the ownership of uses which are subject to special use permits. (Councilman Donley) (#21 5/12/92; ROLL-CALL VOTE)

The City Clerk read the docket item.

General Discussion. Members of City Council, Mr. Lynn, Director of Planning and Community Development, and the City Manager participated in the discussion on this item.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, the above ordinance was finally passed upon its Second Reading, as amended, by adding after the word "application" on the sixth line, "and issue a special use permit in the name of the applicant only" and by adding subsection (e) to read, "Following notice of the application in a newspaper of general circulation in the City no person has requested the director to forward the application to City Council." The voting was as follows:

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

The ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 3571
AN ORDINANCE to add a new subsection (8) to Section 7-6-192 (PROCEDURE AS TO ISSUANCE) of Article J (SPECIAL USE PERMITS), Chapter 6 (ZONING), Title 7 (PLANNING AND DEVELOPMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 7-6-192 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding thereto a new subsection (8) to read as follows:

Sec. 7-6-192 Procedure as to issuance.

(8) Where an application under this article is necessitated solely by a change in ownership of the use that is subject to the special use permit, and the circumstances set forth in

20


subsubsections (a) through (e) apply, the director of planning and community development may administratively approve such application and issue a special use permit in the name of the applicant only. The circumstances which are a condition to such an administrative approval are as follows.

Where the director approves an application under this subsection, subsections (3) through (7) of this section shall not apply to the application. However, where an application under this subsection is not approved by the director, subsections (3) through (7) above shall apply. The director is authorized to issue regulations governing administrative approvals issued under this subsection.

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

PATRICIA S. TICER
Mayor

Introduction: 5/12/92
First Reading: 5/12/92
Publication: 5/14/92; 5/15/92
Public Hearing: 5/16/92
Second Reading: 5/16/92
Final Passage: 5/16/92

25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to prohibit trucks from using Taney Avenue, Howard, Pickett, Jordan and Richenbacher Streets as connectors between Duke and Van Dorn Streets and between Duke Street and Seminary Road. (Councilman Donley) (#22 5/12/92; ROLL-CALL VOTE)

(A copy of a letter from Brookville-Seminary Valley Civic Association dated May 14, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 5/16/92, and is incorporated herewith as part of this record by reference.)


21


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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3572

AN ORDINANCE to amend and reordain Section 10-1-15.1 (TRUCK TRAFFIC; PROHIBITED ON CERTAIN STREETS; PENALTY) of Chapter 1 (GENERAL PROVISIONS), 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 10-1-15.1 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. 10-1-15.1 Truck traffic; prohibited on certain streets; penalty.

(a) Motor trucks are prohibited from using the following streets or portions of streets:
(b) The prohibition set out in subsection (a) shall not apply to public utility motor trucks or to motor trucks whose purpose is receiving loads or making deliveries on the streets or portions of streets listed in subsection (a) or on an adjacent residential street to which no other access is available.

(c) Any person violating this section shall be fined not less than $100.

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


22


Introduction: 5/12/92
First Reading: 5/12/92
Publication: 5/14/92; 5/15/92
Public Hearing: 5/16/92
Second Reading: 5/16/92
Final Passage: 5/16/92

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to revise the fines and late payment penalties for city tag violations, and to revise the city code's schedule of uncontested parking fines. (#23 5/12/92; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 6, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 5/16/92, and is incorporated herewith as part of this record by reference.

A copy of a letter from George Ellmore dated May 15, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 26 and 27; 5/16/92, 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 Council Member Rich, and carried on a unanimous ROLL-CALL vote, the above ordinance was finally passed upon its Second Reading. The voting was as follows:

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

The ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 3573
AN ORDINANCE to amend and reordain subsubsections (1) and (7) of Section 3-2-336 (OFFENSES RELATING TO CITY LICENSE PLATE, WINDSHIELD TAG AND DECAL) of Article R (LICENSE TAX ON MOTOR VEHICLES, TRAILERS AND SEMI-TRAILERS), and to amend and reordain Section 3-2-351 (PAYMENT OF UNCONTESTED PARKING CITATIONS) and Section 3-2-354 (PENALTIES FOR UNCONTESTED PARKING CITATIONS) of Article S (PAYMENT, CONTEST AND ENFORCEMENT OF PARKING CITATIONS), all of 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 subsubsections (1) and (7) of Section 3-2-336 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained, and that a new subsection (c) be and the same added to said Section 3-2-336, all to read as follows:

Sec. 3-2-336 Offenses relating to city license plate, windshield and decal.

(a) No person shall:

23


Section 2. That Section 3-2-351 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. 3-2-351 Payment of uncontested citations.

(a) For any parking citation issued pursuant to the provisions of section 5-8-72, 5-8-114, 9-12-162 through 9-12-164, 10-4-1 through 10-4-19, 10-4-22 through 10-4-25, 10-4-28 10-4-30, 10-4-33 through 10-4-43 of this code, and for any citation issued pursuant to section 3-2-336, the amount of the penalty established by section 3-2-354 for the violation for which the citation was issued, when the citation is uncontested, may be paid to the director of finance in lieu of a trial on the charge.

(b) The registered owner of any motor vehicle receiving such a citation shall execute on an appropriate form a waiver of his right to contest the citation and enter his plea of guilty to the charge for which the citation was issued before payment tendered by him for the same may be accepted by the director of finance.

Section 3. That Section 3-2-354 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:

Section 3-2-354 Penalties for uncontested parking citations.

Any other provisions of this code to the contrary notwithstanding, the penalty for any of the following violations of this code shall, when the citation which was issued for the violation is uncontested, be as follows:

(a) If a payment is tendered to the director of finance within 30 calendar days from the date the citation is issued:
24

25

(b) If payment is tendered to the director of finance more than 30 calendar days from the date the citation is issued, $25 in addition to the penalty imposed by subsection (a) above for the violation for which the citation was issued; provided, that in the event the 30th calendar day from the date the citation is issued is a Saturday, Sunday or legal holiday, such additional penalty shall not be imposed if payment is tendered in the amount required by subsection (a) above on the next succeeding business day; and provided further, that if such payment is remitted to the director of finance in a sealed envelope bearing a postmark on or before midnight of the 30th calendar day from the date the citation is issued, no such additional penalty shall be imposed.

Section 3. That this ordinance shall become effective on July 1, 1992.

Introduction: 5/12/92
First Reading: 5/12/92
Publication: 5/14/92; 5/15/92
Public Hearing: 5/16/92
Second Reading: 5/16/92
Final Passage: 5/16/92

27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE (i) that provides that parking by nonresidents of permit parking districts on appropriately signed residential streets within the area bounded by the north side of Princess Street, the east side of Washington Street, the south side of Wolfe Street and the Potomac River, may be limited to two consecutive hours between 8:00 a.m. and 2:00 a.m. Monday through Saturday, and on Sunday between 11:00 a.m. and 2:00 a.m.; (ii) establishes a $50 fine for parking beyond the two-consecutive-hour maximum on appropriately signed residential streets within such area and, effective October 1, 1992, for parking in the 200 and 300 blocks of North Columbus and North Alfred Streets, the 900 block of Cameron Street and the 700 block of Queen Street in violation of the parking restrictions then in effect in those blocks; and (iii) extends to 11:00 p.m. the period in which the restrictions currently applicable to metered parking spaces on non-residential streets within the above-described area will remain in effect. (#24 5/12/92; ROLL-CALL VOTE)


26


(A copy of the City Manager's memorandum dated May 6, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 5/16/92, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

(Mr. O'Kane, Director of Transportation and Environmental Services, advised that both speakers who signed up were called away, but that they have strong support from their citizen associations.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a unanimous ROLL-CALL vote, the above ordinance was finally passed upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3574

AN ORDINANCE to add a new subsubsection (27A) to subsection (a) of Section 3-2-354 (PENALTIES FOR UNCONTESTED PARKING CITATIONS) of Article S (PAYMENT, CONTEST AND ENFORCEMENT OF PARKING CITATIONS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT); to amend and reordain subsubsection (1) of subsection (b) of Section 5-8-72 (PARKING IN PERMIT PARKING DISTRICT) and subsection (d) of Section 5-8-73 (DESIGNATION OF PERMIT PARKING DISTRICTS; NOTICE OF DESIGNATION), of Article F (PERMIT PARKING DISTRICTS), and subsection (a) of Section 5-8-93 (PARKING METERS; HOURS AND DAYS OF OPERATION; MAXIMUM TIME LIMITS; RATES), of Article G (PARKING METERS), of Chapter 8 (PARKING AND TRAFFIC REGULATIONS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES), and to amend and reordain Section 10-4-34 (UNLAWFUL PARKING IN PERMIT PARKING DISTRICT) and to add a new Section 10-4-43 (UNLAWFUL PARKING IN DESIGNATED AREAS WITHIN A PERMIT PARKING DISTRICT), of Chapter 4 (STOPPING, STANDING AND PARKING), all of 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 a new subsubsection (27A) be added to subsection (a) of Section 3-2-354(a) of The Code of the City of Alexandria, Virginia, 1981, as amended, to read as follows:

Sec. 3-2-354 Penalties for uncontested parking citations.

(27A) $50 for a violation of section 10-4-43, "Unlawful parking in designated areas within a permit parking district."

Section 2. That subsubsection (1) of subsection (b) of Section 5-8-72 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. 5-8-72 Parking in permit parking districts.

(b) Parking restrictions in districts; modifications of restrictions.




(1) Permit parking district signs shall restrict parking by motor vehicles lacking a permit to no more than two or three consecutive hours during specific periods, 8:00 a.m. to 5:00 p.m., 8:00 a.m. to 9:00 p.m., 8:00 a.m. to 11:00 p.m. or 8:00 a.m. to 2:00 a.m. of the following day, on either Monday through Friday or Monday through Saturday, excluding legal holidays, and/or 11:00 a.m. to 11:00 p.m. , or 11:00 a.m. to 2: 00 a.m. of the following day, on Sunday. Signs in all permit parking districts shall prohibit the parking of vehicles which lack a permit for more than three consecutive hours between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding legal holidays, unless city council, or the city manager pursuant to subsection (b)(2), determines that the signs to be posted in a district or portion thereof shall contain another combination of the restrictions set out in the previous sentence.

Section 3. That subsection (d) of Section 5-8-73 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. 5-8-73 Designation of permit parking districts; notice of designation.

(d) Upon the designation of the permit parking district by the city council, the city manager shall cause permit parking district signs to be posted on each block face, or portion thereof, which council specifies for immediate posting. Such signs shall provide the following information in a format chosen by the director of transportation and environmental services:

Three (or Two) Hour Parking
8 a.m. to 5 p.m. (or to 9 p.m., 11 p.m.
or 2:00 a.m. of the following day)
Monday through Friday (or through Saturday)
11 a.m. to 11 p.m. (or to 2:00 a.m. of the following day)
Sunday (if applicable)
Except Holders of District____ Permits
(or comparable language)

In addition to this language, there shall be affixed to each sign following the word "District" the number assigned to the permit parking district in which the sign is located.

Section 4. That subsection (a) of Section 5-8-93 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. 5-8-93 Parking meters; hours and days of operation; maximum time limits; rates.

(a) The parking meters in zones 1 and 2, established by section 5-8-92 of this code, shall be operated every day of the week except Sundays and legal state holidays, and the daily hours of operation of the meters shall be determined by resolution of the city council; provided, that, within the area bounded on the north by the north side of Princess Street, on the west by a line ten feet to the east of and running parallel to the east side of Washington Street, on the south by the south side of Wolfe Street and on the east by the Potomac River, meters which permit a maximum of two hours of parking shall be in operation from 8 a.m. until 11:00 p.m.

Section 5. That section 10-4-34 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:




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Sec. 10-4-34 Unlawful parking in permit parking district.

It shall be unlawful to park a vehicle in a permit parking district in violation of article F, chapter 8, title 5 of this code (section 5-8-71, et seq.); provided, that this section shall not apply to any of the areas, located within a permit parking district, that are defined in section 3-0-4-43.

Section 6. That section 10-4-43 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. 10-4-43 Unlawful parking in designated areas within a permit parking district.

It shall be unlawful to park a vehicle in any of the following areas, which are located within a residential parking district, in violation of article F, chapter 8, title 5 of this code (section 5-8-71, et seq.):

(a) the area bounded on the north by the north side of Princess Street, on the west by the east side of Washington Street, on the south by the south side of Wolfe Street and on the east by the Potomac River;

(b) the area within the 200 and 300 blocks of North Columbus Street;

(c) the area within the 200 and 300 North blocks of Alfred Street;

(d) the area within the 900 block of Cameron Street; and

(e) the area within the 700 block of Queen Street.

Section 7. That this ordinance shall become effective July 1, 1992, except that, notwithstanding any provisions of this ordinance to the contrary, the provisions of this ordinance which make unlawful, under new city code Section 10-4-43, any parking in the areas defined in subsections (b) through (e) of said new code Section 10-4-43 which is in violation of article F, chapter 8, title 5 of the city code shall become effective October 1, 1992, and until October 1, 1992, any parking in those areas which is in violation of article F, chapter 8, title 5 of the city code shall constitute a violation of city code Section 10-4-34.

Introduction: 5/12/92
First Reading: 5/12/92
Publication: 5/14/92; 5/15/92
Public Hearing: 5/16/92
Second Reading: 5/16/92
Final Passage: 5/16/92


28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to revise city code provisions governing waivers from the code's utility undergrounding requirements. (#25 5/12/92; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 5/16/92, and is incorporated herewith as part of this record by reference.

Copies of correspondence 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; 5/16/92, and is incorporated herewith as part of this record by reference.)

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(The City Attorney made the following amendments to the ordinance: in subsubsubparagraph b., insert following the word "not" the word "be"; and on the following page in subsubparagraph (v) , on the third line, the words "one-half or" need to be deleted, and following the word "less" add the word "than".)

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

WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Councilwoman Pepper and Councilman Jackson and carried on a unanimous ROLL-CALL vote, the above ordinance was finally passed upon its Second Reading, as amended. The voting was as follows:

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

The ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 3575
AN ORDINANCE to amend and reordain section 5-3-4 of chapter 3, title 5 of The Code of the City of Alexandria, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-3-4 of The Code of the City of Alexandria, 1981, as amended, be and the same shall hereby be amended and reordained to read as follows:

Sec. 5-3-4 Variance or waiver of provisions of article.

(a) The director of transportation and environmental services may waive one or more of the requirements of this article pertaining to new or expanded overhead customer utility services, provided that the director makes the following findings with respect to the customer utility service to which the waiver pertains:

(i) that the person seeking the waiver has submitted a written application on a form provided by the director;

(ii) that the person seeking the waiver has paid an application fee of $100;

(iii) that one or more of the following criteria are met:

a. the city arborist has determined that the new or expanded customer utility service, if placed underground, would endanger an existing mature tree by damaging its root system;

b. the new or expanded customer utility service, if placed overhead, would not be visible from a public street or any other public right-of-way; or

c. the new or expanded overhead customer utility service, if placed underground, would significantly interfere with one or more existing city or private underground utilities;

(iv) that, if the waiver were granted, there would be a reduction in the total number of overhead customer utility service lines serving the applicant's property; and


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(v) that, if the waiver were granted, the length of the overhead customer utility service to the applicant's property would be less than the length of the service in existence at the time the application is made.

(b) The director may waive one or more of the requirements of this article pertaining to new or relocated overhead transmission and distribution facilities, provided that the person seeking the waiver submits a written application on a form provided by the director, that said person pays an application fee of $100, and that the director finds that, under the circumstances presented by the application, the general welfare of the city would not be furthered by compliance with the requirements as to which the waiver is sought.

(c) Notwithstanding any provision of subsections (a) and (b) to the contrary, the director may waive one or more requirements of this article pertaining to new or expanded overhead customer utility services and to new or relocated overhead transmission and distribution facilities, provided that the director finds that the new, extended or relocated service or facility is required to provide additional street lighting to suppress criminal activity and that the waiver is requested or supported by the director of the office of citizens' assistance or the chief of police.

(d) Any person whose application for a waiver under subsection (a) or (b) has been denied by the director may appeal the director's denial to the city council. Any such appeal must be filed with the city clerk, on a form provided by the clerk, within 30 days of the director's denial. City council shall conduct a public hearing on any such appeal. In deciding the appeal, council shall determine whether good cause exists to grant the requested waiver; provided, that, in making this determination, council shall, in conjunction with an appeal involving a customer utility service, consider the decision factors set out in subsections (a)(iii) through a(v), and shall, in conjunction with an appeal involving a transmission or distribution facility, consider the decision factor set out in subsection (b).

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

Introduction: 5/12/92
First Reading: 5/12/92
Publication: 5/14/92; 5/15/92
Public Hearing: 5/16/92
Second Reading: 5/16/92
Final Passage: 5/16/92

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
CONSENT CALENDAR 29 - 41
29. STUDY #92-01 -- Public Hearing and Consideration of a possible change to the Old Town Small Area Plan regarding restaurants east of Washington Street near King Street. Staff: Planning and Community Development, Comprehensive Planning Division.






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30. TEXT AMENDMENT #92-09 -- Public Hearing and Consideration of possible text amendments to Title 7 ,Chapter 6 (Zoning), Article C, Section 7-6-41 of The Code of the City of Alexandria, Virginia, the nature of which would be to require a Special Use Permit for locating construction trailers and building material staging areas on lots other than the site of an active construction project. Staff: Planning and Community Development, Special Projects Division.

31. SUP #2535-A -- Public Hearing and Consideration of a request for a Special Use Permit to expand the existing automobile cleaning and detailing service to include automobile repair located at 2316 Jefferson Davis Highway; zoned I-1, Industrial. Applicant: NAB Group of Companies, Inc., by Abayomi N. Baruwa.
32. STUDY #92-02 -- Public Hearing and Consideration of a study of the public hearing notice requirements in Article P (Notices), Chapter 6 (Zoning), Title 7 (Planning and Development) of The Code of the City of Alexandria, Virginia, for the purpose of determining the adequacy of the existing notice requirements, particularly the written notice, for development applications requiring public hearing before the City Council, Planning Commission, Board of Zoning Appeals, Subdivision Committee or Board of Architectural Review. Staff: Planning and Community Development, Special Projects Division.

33. SUP #2355-C -- Public Hearing and Consideration of a request for a Special Use Permit to add outdoor seating to the restaurant located at 1120 King Street; zoned C-3, Commercial. Applicant: CEH First Limited Partnership, by Charles E. Hebbel.

COMMISSION ACTION: Deferred by Staff Prior to Hearing
Reason: Applicant failed to mail proper
legal notices.

34. SUP #2428-A -- Public Hearing and Consideration of a request for a Special Use Permit to add an automobile repair garage to the automobile detailing and cleaning business located at 615 South Pickett Street, Unit D, within the Van Dorn Station Shopping Center; zoned I-1, Industrial. Applicant: Golden Touch Auto Detailing and Majestic Limousine Service, by Bozorgmehr Shafa.

COMMISSION ACTION: Deferred by Staff Prior to Hearing 35. SUP #2557-A -- Public Hearing and Consideration of a request for a Special Use Permit to amend the hours of operation of the restaurant located at 815-A King Street; zoned C-3, Commercial. Applicant: Division Enterprises, Inc., by Hakan Ilhan.

COMMISSION ACTION: Recommend Deferral to June Hearing 6-0
Reason: Applicant failed to attend hearing.







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36. SUP #2578 -- Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile wholesale business located at the rear of 5800 Edsall Road; zoned, I-1, Industrial. Applicant: General Trading Corporation, by Rocky Robinson.

37. SUP #2581 -- Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage located at 5316 Eisenhower Avenue; zoned I-1, Industrial. Applicant: East Coast Transmissions, Inc., by Homayoun Nouri-Moghadam.
38. SUP #2583 -- Public Hearing and Consideration of a request for a Special Use Permit to add delivery service to the existing full-service and carry-out restaurant located at 1049 West Glebe Road; zoned I-1, Industrial. Applicant: Pizza Hut of Washington (Pizza Hut, Inc.), by William C. Thomas, Jr.,attorney.

39. SUP #2586 -- Public Hearing and Consideration of a request for approval of a Special Use Permit to increase the height of a proposed professional office building in Height District No. 7 (Duke Street) above the by-right 50-foot limit to a maximum of 69 feet 11 inches (6 stories). The property is located at 3500 Duke Street and includes all of Lots 19.01, 19.02 and 19.03, Block 01, Assessment Map 60.04, is zoned C-2, Commercial and contains 1.6467 acres of lot area (80,444 square feet). Applicant: First Ameriland Development and Construction Company, by William C. Thomas, Jr., attorney.

40. SUP #2587 -- Public Hearing and Consideration of a request for a Transition Special Use Permit (TRANSUP) for a 165,000-gross-square-foot professional office building with medical/support offices and staff. Off-street parking is proposed to be provided in an underground parking garage. The property is located at 3500 Duke Street and includes all of Lots 19.01, 19.02 and 19.03, Block 01, Assessment Map 60.04, is zoned C-2, Commercial and contains 1.6467 acres of lot area (80,444 square feet). Applicant: First Ameriland Development and Construction Company, by William C. Thomas, Jr., attorney.







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41. SUP #2588 - - Public Hearing and Consideration of a request for a Special Use Permit Transportation Management Plan (TMP) for a 158,500-square-foot office building to consist of 17,500 square feet of medical office space and 41,000 square feet of medical/support space, with 648 parking spaces. The Property is located at 3500 Duke Street and includes all of Lots 19.01, 19.02 and 19.03, Block 01, Assessment Map 60.04, is zoned C-2, Commercial and contains 1.6467 acres of lot area (80,444 square feet). Applicant: First Ameriland Development and Construction Company, by William C. Thomas, Jr., attorney.

END OF CONSENT CALENDAR

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

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

New Business Item No. 3: WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1600
WHEREAS, the Alexandria City Council has this 16th day of May, 1992, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by Council during the executive session.







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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Councilman Jackson and carried unanimously, at 4:40 p.m., the Public Hearing Meeting of May 16, 1992, was adjourned. The voting was as follows:

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



APPROVED BY:

ATTEST:

__________________________________
Susan K. Seagroves, Deputy City Clerk







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This docket is subject to change.

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