Public Hearing Meeting
Saturday, September 12, 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; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Crabill, Division Chief, Planning and Community Development; Mr. Platky, Director of Management and Budget; Mr. Moore, Zoning Administrator; Mr. Smith, Urban Planner III, Planning and Community Development; Mr. Cox, Urban Planner II, Planning and Community Development; Police Chief Samarra; Chief Fire Marshal Conner; Mr. McMahon, Deputy Director of General Services; and Sergeant Mason, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
(a) Georgia Cannady, 1103 Dartmouth Road, president, League of Women Voters, spoke regarding the League's September 23 open house meeting. This year's meeting is a debate to discuss the merits of an elected school board vs. an appointed school board. The participants will be Council Member Rich and Councilman Speck. It will be held at 7:00 p.m. at Immanuel on the Hill Church, 3606 Seminary Road, with the debate beginning at 7:30 p.m. Anyone interested in attending is welcome to do so.
(b) John Chapman Gager, representing Old Town Yacht Basin, spoke during this period.
(c) Bob Dempsey, 214 Prince Street, spoke to a negative flyer that is being circulated regarding the recent parking regulations requesting people to call him and the City Manager. Visitors should be notified in a more positive way to let them know of our new parking regulations.
(Vice Mayor Cleveland stated that his comments on Tuesday suggesting that flyers be given to churches to hand out were meant for those who parked in the residential parking areas on Sunday, not the meters.)
WITHOUT OBJECTION, City Council considered Docket Item No. 4 at this point.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
4. SUP #2600 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service restaurant located at 904-906 King Street; zoned CD, Commercial Downtown. Applicant: John W. Cavanaugh, III.
COMMISSION ACTION: Recommend Approval 4-3(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/12/92, and is incorporated herewith as part of this record by reference.
A copy of a letter dated 9/11/92, from Mr. Peay, president, Firehouse Square, Inc., is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 9/12/92, and is incorporated herewith as part of this record by reference.
A copy of a petition in opposition to this special use permit, which petition contains 58 signatures, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 4; 9/12/92, and is incorporated herewith as part of this record by reference.
A copy of a letter dated 9/10/92, from Mr. Dempsey, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 4; 9/12/92, and is incorporated herewith as part of this record by reference.
A copy of a letter dated 9/10/92, from Mrs. Dempsey, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 4; 9/12/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Duncan W. Blair, 510 King Street, attorney representing the applicant, spoke in support;
Charles H. Huettner, 218 S. Fayette Street, president, Old Town Civic Association, spoke in opposition;
Sarah Becker, 1200 Princess Street, president, Inner City Civic Association, spoke in opposition;
Mark Kington, 209 N. Columbus Street, spoke in opposition;
Judy McVay, 207 N. Columbus Street, spoke in opposition;
Donald M. Walls, 911 Cameron Street, spoke in opposition;
Robert Dempsey, 214 Prince Street, spoke in opposition; and
(General Discussion. Members of City Council, Police Chief Samarra, Mr. Blair, Mr. Crabill, Division Chief, Planning and Community Development, Mr. Moore, Zoning Administrator, and Mr. Hurd, representing the Planning Commission, participated in the discussion.)
Mr. Cavanaugh, 21 Sunset Drive, applicant, spoke in support.)
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WHEREUPON, a motion was made by Councilwoman Pepper to deny this application; which motion was seconded by Council Member Rich for purposes of discussion.
(General Discussion. The City Manager participated in the discussion.)
WHEREUPON, a substitute motion was made by Councilman Donley, seconded by Vice Mayor Cleveland that City Council approve the application for a restaurant to be located at 904-906 King Street, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Conditions #1 and #10 by the Planning Commission and changed Condition #2 to read: "#2. Seating shall be provided inside for not more than 275 patrons. Total occupancy at any one time shall be limited to 300 persons including staff. There shall be no standing patrons at the bar."; amended condition #4 to read: "#4. The hours during which the restaurant is open to the public shall be restricted to between 11:00 a.m. to 12:00 a.m. Sunday through Thursday and between 11:00 a.m. to 1:00 a.m. on Friday and Saturday"; amended condition #12 to read: "#12. The special use permit shall be reviewed by City Council one year after opening"; and added a condition #13 to read: "#13. Alcoholic beverages consumed by patrons at the food counter shall be dispensed and served from the restaurant bar in the same manner as table and booth seating".
(General Discussion. There was considerable discussion on the motion. Chief Fire Marshal Conner participated in the discussion. Members of City Council, Mr. Moore, Zoning Administrator, and the City Attorney participated in the discussion.
Councilman Speck asked questions of the City Attorney with respect to hours of operation.
Councilman Speck suggested for condition #2 that Councilman Donley stay with total occupancy of 300, change your first requirement to be not less than [275] patrons. The not more than seems to be a little ambiguous. This was acceptable to the maker. Councilman Speck also suggested that there be a separate condition that alcoholic beverages shall not be dispensed to persons standing up.
Councilman Donley stated that "seating shall be provided inside for not less than 275 patrons. Total occupancy at any one time shall be limited to 300 persons including staff."; add condition #14 to read: "#14. There shall be no service of alcoholic beverages to standing patrons." Councilman Donley stated that the restatement of the suggestions are acceptable to the maker if it is acceptable to the seconder.
Vice Mayor Cleveland as seconder of the motion accepted the suggestions.
Councilman Speck suggested that a condition #15 be added to read: "#15. That if the Police Department determines that increased police patrols will be necessary as a result of the opening of this restaurant that they will have the authority to assess an agreed upon portion of the costs of that increased police patrol."
Members of City Council did not agree to this suggestion.
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Councilman Donley suggested that staff be requested to report back to Council when this application comes up for review whether there has been an increase in police services after this restaurant has been opened for a year.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck and carried on a vote of 6-to-1, Council amended the original motion to have the closing hours be 11:00 p.m., Sunday through Thursday, and 12:00 a.m. midnight, on Friday and Saturday [condition #4]. The voting was as follows:
Rich "aye" Cleveland "aye"
Speck "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Pepper "no"
THEREUPON, a motion was made by Council Member Rich to amend the original motion to require that there be no alcoholic beverages served without a meal; which motion FAILED for lack of a second.
The City Attorney explained that the question before Council is the motion to substitute the substitute motion for the main motion and he understands that the main motion was the motion to deny the application. He further stated that Council is voting on the substituted motion to accept the application subject to the various amendments that have been referenced, including the one amendment to the substitute motion that was made by Council Member Rich.
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-2, City Council substituted the substitute motion for the main motion. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "no"
Ticer "aye" Rich "no"
Speck "aye"
(Further Discussion. The Mayor suggested that the number of occupants be amended back from 300 to 275 including staff. She stated that the condition is very firm that there would be no standing. Councilman Donley stated that that is a separate condition.)
WHEREUPON, a motion was made by Council Member Rich, seconded by Mayor Ticer to change the occupancy from 300 to 275 including staff and to change the seating from 275 to 250; which motion FAILED on a vote of 2 "ayes" to 4 "noes". The voting was as follows:
Rich "aye" Donley "no"
Ticer "aye" Jackson "no"
Cleveland "no" Pepper out of room
Speck "no"
(General Discussion. The City Attorney requested that Council clarify the condition on the limitation of patrons and on seats and asked if it is Council's intent that the occupancy should be no more than as opposed to no less than, no more than 300 individuals at any one time including staff and as to seating, that the number of seats provided shall be not less than 275. Council clarified that it should be not more than 275.)
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WHEREUPON, Council returned to the amended substitute motion made by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-2, City Council approved the application for a restaurant to be located at 904-906 King Street, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Conditions #1 and #10 by the Planning Commission and changed Condition #2 to read: "#2. Seating shall be provided inside for not more than 275 patrons. Total occupancy at any one time shall be limited to no more than 300 persons including staff."; amended condition #4 to read: "#4. The hours during which the restaurant is open to the public shall be restricted to between 11:00 a.m. to 11:00 p.m. Sunday through Thursday and between 11:00 a.m. to 12:00 a.m. midnight on Friday and Saturday"; amended condition #12 to read: "#12. The special use permit shall be reviewed by City Council one year after opening"; added a condition #13 to read: "#13. Alcoholic beverages consumed by patrons at the food counter shall be dispensed and served from the restaurant bar in the same manner as table and booth seating"; and added a condition #14 to read: "#14 There shall be no service of alcoholic beverages to standing persons." The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "no"
Ticer "aye" Rich "no"
Speck "aye"
It was noted that City Council would attend the recognition ceremonies for Special Olympians at Tavern Square prior to the executive session.
New Business Item No. 1: WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, at 12:10 p.m., City Council recessed the meeting and convened an executive session, during the lunch break, for the purpose of:
- consulting with and receiving a briefing from legal counsel pertaining to legal matters other than litigation that require the provision of legal advice by counsel, pursuant to section 2.1-344(7) of the Virginia Code
- consulting with legal counsel pertaining to matters effecting the following pending litigation involving the city, pursuant to section 2.1-344(7) of the Virginia Code
- RF&P Properties, Inc., et al. v. City Council, Chancery No. 920731, which is pending in the Circuit Court for the City of Alexandria, and
- RF&P Railroad Company v. City Council, Chancery No. 920730, which is also pending in the Circuit Court for the City of Alexandria
The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper out of room
Ticer "aye" Rich "aye"
Speck "aye"
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Whereupon, at 2:15 p.m., City Council reconvened the meeting and the following transpired:
New Business Item No. 2: Council Member Rich presented Councilman Speck with a baseball bat for his birthday.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
3. Public Hearing on the Candidates for Appointment to the School Board. (This item was heard immediately after the lunch break.)
(A copy of the City Manager's memorandum dated 9/11/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; and is incorporated herewith as part of this record by reference.)
The Mayor noted that Paul Diana withdrew his application; Davis Black could not be here; Edward Fader is out of town and unable to attend; and Patricia Lopez will be out of town on September 16.
The following School Board applicants spoke during this period: Carl Feusahrens; Stephen Kenealy; Marlon Lewis was not present; Patricia Lopez withdrew her application and put her support at this time behind Steve Kenealy; A. Melvin Miller; Joseph Tangredi was not present; and John Travis.
Patricia A. Henning, 5761 Exeter Court, #262, spoke and endorsed Stephen Kenealy.
It was noted that City Council will vote on this appointment on Tuesday, September 22, 1992.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
5. Public Hearing and Consideration of Establishing Fees for Processing Applications under the CDD zone. (#16 9/9/92)
(A copy of the City Manager's memorandum dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/12/92, and is incorporated herewith as part of this record by reference.
A copy of Mr. Simpson's letter dated 9/11/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5; 9/12/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Donald F. Simpson, 2750 Eisenhower Avenue, representing Lehigh Portland Cement Co. and Simpson Development Co., Inc., spoke against;
Harry P. Hart, 307 N. Washington Street, representing Walt Robbins, spoke to the issue of fairness; and
Robert Richard, 121 Duke Street, representing the Chamber of Commerce, requested that Council send a positive message to the business community and stick with the $5 per 1,000 square feet.
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General Discussion. Members of City Council, the City Manager, Mr. Crabill, Division Chief, Planning and Community Development, and Mr. Hart, attorney, participated in the discussion.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved that in the interim until Council adopts the fee schedules, the rate would be $5 payable $2.50 [per thousand square feet] when you come in with a concept plan and when you finish review, the balance would be due. If Council has changed the $5 to $10, the balance that would be due would be $7.50 [per thousand square feet]. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Board of Architectural Review
6. BAR CASE #92-163 - Public Hearing on and Consideration of an Appeal from the decision of the Board of Architectural Review - Old and Historic Alexandria District (BAR) to deny approval of replacement-in-kind of a composition asphalt shingle roof for the residential structure at 213 Ramsay Alley.
(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. 6; 9/12/92, and is incorporated herewith as part of this record by reference.
A copy of a memorandum dated 9/3/92, from Mr. Hulfish, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 6; 9/12/92, and is incorporated herewith as part of this record by reference.
A copy of a letter dated 9/3/92, from the applicant, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 6; 9/12/92, and is incorporated herewith as part of this record by reference.
A copy of the appeal dated 8/27/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 6; 9/12/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Gerrie D. Winslow, 115 N. Lee Street, #203, applicant, spoke in support;
Edward Luckett, 420 N. Alfred Street, representing the Board of Architectural Review/Old and Historic Alexandria District, spoke against;
Stephen M. Falatko, 311 Wilkes Street, representing Old Town Civic Association, spoke against; and
H. Stewart Dunn, Jr., 418 S. Lee Street, spoke against the appeal.
Members of City Council participated in the discussion.)
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WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council upheld the decision of the B.A.R. and denied the appeal. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
7. ENCROACHMENT #92-006 - Public Hearing and Consideration of a request for encroachment into the public street right-of-way for a sign located at 5801 Duke Street, for the Landmark Shopping Center; zoned CR, Commercial Regional. Applicant: Dusco Property Management, Inc., for U.S. Prime Property, Inc., by Paul Hoffman.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 7/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 9/12/92, 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 simultaneously by Councilman Jackson and 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:
Donley "aye" Ticer "aye"
Jackson "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Speck "aye"
8. ENCROACHMENT #92-007 - Public Hearing and Consideration of a request for encroachment into the public street right-of-way for a sign located at 5801 Duke Street, for the Landmark Shopping Center; zoned CR, Commercial Regional. Applicant: Dusco Property Management, Inc., for U.S. Prime Property, Inc., by Paul Hoffman.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 7/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/12/92, 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 Councilman Donley 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:
Rich "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
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9. SUP #0117-A - Public Hearing and Consideration of a request for a Special Use Permit to extend the hours of operation of the existing Texaco gasoline service station located at 1600 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Joseph G. Mitchum, STAR Enterprise.
COMMISSION ACTION: Recommend Denial 5-1
(A copy of the Planning Commission report dated 7/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/12/92, 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. Mr. Moore, Zoning Administrator, answered questions concerning this item.)
WHEREUPON, upon motion by Councilman Jackson, seconded simultaneously by Councilwoman Pepper and Council Member Rich and carried unanimously, City Council denied the Special Use Permit. The voting was as follows:
Jackson "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Speck "aye"
10. SUP #2598 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out delicatessen-style restaurant in conjunction with the existing catering business and to intensify a non-complying catering business located at 2603 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Stamper Corporation, t/a Treats Catering, by Jane Mulligan, general manager.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 7/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/12/92, and is incorporated herewith as part of this record by reference.)
(Jane Mulligan, 4412 Randon Court, Annandale, VA, attorney representing the applicant, was available to answer questions.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by 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:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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11. SUP #2601 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage located at 4948 Eisenhower Avenue, Units A and C; zoned OCM, Office Commercial Medium. Applicant: Eva C. Laguna, t/a A & L Automotive.
COMMISSION ACTION: Recommend Approval 5-1
(A copy of the Planning Commission report dated 7/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/12/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Jeffrey T. Twardy, 7369 McWhorter Place, #411, Annandale, VA, attorney representing Build America VI, Unit Owners' Association, spoke in opposition; and
Rafael Laguna, 8480 Rippled Creek Court, Springfield, VA, representing the applicant, spoke in support.
General Discussion. Members of City Council, the City Attorney, and Mr. Moore, Zoning Administrator, participated in the discussion of this item. WITHOUT OBJECTION, Bernard Brenman, 4600 Duke Street, suggested to Council that it defer action on this item. The City Attorney indicated that for the City's purposes this issue is a private dispute. If there is a dispute then it has to be resolved on a private basis. He stated that he felt that Council is perfectly free to act on the application as it sees fit.
The Mayor requested that the City Attorney do some research on the issue and have some contact with the Condominium Commission of the state to see what experience they have had in the past. She stated the City does not want to be intervening in a process that the City has no business intervening in.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the request, 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 #2602 - Public Hearing and Consideration of a request for a Special Use Permit to relocate and operate a full-service restaurant with carry-out and delivery service within the Trade Center site located at 300 South Pickett Street; zoned CDD, Coordinated Development District. Applicant: Pizza Box, Inc., by Walter Humm, president.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 7/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/12/92, 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.10
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"
13. SUP #2117-A - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership and hours of operation of the existing carry-out restaurant located at 3410 Mount Vernon Avenue; zoned CG, Commercial General. Applicant: Northern Chicken and Steak Corporation, by S. Edy Dernovsek.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/12/92, and is incorporated herewith as part of this record by reference.)
(Alexander Laufer, 5136 Leesburg Pike, Alexandria, VA, attorney representing applicant, and Edy Dernovsek, 5519 Leesburg Pike, Falls Church, VA, applicant, were 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 and amended Condition #11. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
14. SUP #2378-A - Public Hearing and Consideration of a request for a Special Use Permit to offer outdoor patio seating, amend the hours of operation, and make alterations to the restaurant located at 1755 Duke Street; zoned OCH, Office Commercial High. Applicant: Metropolis Limited Partnership, t/a Metropolis Restaurant, by David N. VonStorch.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/12/92, 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 Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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15. SUP #2431-E - Public Hearing and Consideration of a Special Use Permit review of the existing full-service restaurant and approved off-street parking reduction for the property located at 1603 Commonwealth Avenue; zoned CL, Commercial Low. Applicant: Bruce Betzel, t/a Del Ray Cafe.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/12/92, 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 request, subject to compliance with all applicable codes, ordinances and staff recommendations and deleted Condition #18. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
16. SUP #2504-A - Public Hearing and Consideration of a Special Use Permit review of the existing non-conforming retail and auction sales of antiques for the property located at 124 South West Street; zoned CD, Commercial Downtown. 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 9/l/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/12/92, 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 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"
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17. CHARTER SECTION 9.06, #92-03 - 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. 18 Ancell Street
b. 3658 Edison Street
c. 44 Kennedy Street
d. 433 Mount Vernon Avenue
e. 302 East Spring Street
f. 119 Stewart Avenue
g. 174 Wesmond Drive
h. 10 West Windsor Avenue
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, together with the City Manager's memorandum dated 8/21/92, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 17; 9/12/92, and is incorporated herewith as part of this record by reference.
A copy of the Director on Housing's memorandum dated 9/11/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 9/12/92, 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 City Council participated in the discussion of this item.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council: (1) approved the additions and deletions of the properties as listed on page 3, as amended, by deleting 3658 Edison Street which is located in the Potomac West Neighborhood Strategy Area (NSA) and added the following two properties to the list of properties proposed for deletion from the List of Blighting Influences. These properties are located in the Potomac West Neighborhood Strategy Area (NSA): 244 Lynhaven Drive (added 3/92) and 156 Wesmond Drive (added 3/92), to the currently approved list of blighting influences in the Potomac East Conservation District 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 eight Potomac West properties added to the list; 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:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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18. SUP #1232-D - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing office trailer located at 2412 Jefferson Davis Highway; zoned I, Industrial. Applicant: Lindsay Cadillac Company, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/12/92, and is incorporated herewith as part of this record by reference.)
(Jonathan Rak, 510 King Street, #200, attorney representing applicant, was available to answer questions.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and 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" Ticer "aye"
Cleveland "aye" Donley "aye"
Jackson "aye" Rich "aye"
Speck out of room
19. SUP #2014-B - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing preschool located at 115 South Washington Street; zoned CD, Commercial Downtown. Applicant: Washington Street United Methodist Church, by Toivo E. Hedman.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/12/92, 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 simultaneously by Council Member Rich and Vice Mayor Cleveland 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" Ticer "aye"
Rich "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Speck out of room
14
20. SUP #2323-A - Public Hearing and Consideration of a request for a Special Use Permit to amend the existing special use permit condition to allow construction of a storage shed on the substandard lot located at 2405 Davis Avenue; zoned R-8, Residential. Applicant: Richard M. and Lucille M. Conran.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/12/92, and is incorporated herewith as part of this record by reference.
A copy of Mr. and Mrs. Conran's letter dated 9/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 9/12/92, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Richard Conran, 2405 Davis Avenue, applicant, spoke in support with a request to allow an option to install either an 8' x 10' or 8' x 6' storage shed.)
WHEREUPON, a motion was made by Councilwoman Pepper, seconded by Councilman Jackson to approve the Special Use Permit.
(Council Member Rich offered an amendment to the main motion to allow either the 8' x 6' shed, if not available, the 8' x 10' shed; which amendment was accepted by the maker and seconder of the main motion.)
WHEREUPON, Council returned to the amended main motion made 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 with the request to allow either the 8' x 6' shed, if it is not available, the 8' x 10' shed. The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck out of room
21. SUP #2605 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile sales and servicing business located at 5800 Edsall Road; zoned CG, Commercial General. Applicant: James M. Kline.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/12/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support with a caveat that the final landscape plan be subject to approval by the City Arborist; and
James M. Kline, 2330 Bancroft Place, Washington, D.C., applicant, spoke in support and answered questions.)
15
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Council Member Rich and Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and accepted the landscape plan as a concept plan and made the final landscape plan subject to final approval by the City Arborist. The voting was as follows:
Pepper "aye" Ticer "aye"
Rich "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Speck "aye"
22. SUP #2610 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 1039 West Glebe Road; zoned CG, Commercial General. Applicant: Caroline T. Vasquez.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/12/92, 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 Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
23. SUP #2611 - Public Hearing and Consideration of a request for a Special Use Permit to operate a convenience store located in the Hechinger Commons Shopping Center at 3117 Duke Street; zoned CG, Commercial General. Applicant: Richard W. Raunswinder, dba Schneider's Gourmet.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 9/12/92, and is incorporated herewith as part of this record by reference.)
(Richard W. Raunswinder, 7004-F Irwell Lane, applicant, was available to answer questions.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Jackson and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #9 and deleted Condition #10. The voting was as follows:
Cleveland "aye" Donley "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
16
24. SUP #2613 - Public Hearing and Consideration of a request for a Special Use Permit to operate a commercial school located at 205 South Whiting Street; zoned OCM, Office Commercial Medium. Applicant: Capitol Court Reporting and Captioning Institute, Inc., by Susan K. Frankel.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 9/12/92, 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 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:
Rich "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
25. ENCROACHMENT #92-008 - Public Hearing and Consideration of a request for encroachment into the public alley right-of-way to construct a wood fence for the property located at 304 West Glendale Avenue; zoned R-5, Residential. Applicant: Thomas H. and Sarah H. Douglas.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 9/12/92, and is incorporated herewith as part of this record by reference.)
(Sarah Douglas, 304 W. Glendale Avenue, applicant, was available to answer questions.)
WHEREUPON,. upon motion by Vice Mayor Cleveland, 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 appropriate ordinance.] The voting was as follows:
Cleveland "aye" Donley "aye"
Rich "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
26. ENCROACHMENT #92-009 - Public Hearing and Consideration of a request for encroachment into the public street right-of-way to construct a brick wall for the property located at 612 Malcolm Place; zoned R-8, Residential. Applicant: James W. and Margo T. Heegeman.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 9/12/92, and is incorporated herewith as part of this record by reference.)
(Jonathan Rak, 510 King Street, #200, attorney representing applicant, was available to answer questions.)
17
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 appropriate ordinance.] The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
ORDINANCES AND RESOLUTIONS
27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE for the vacation of a storm sewer easement located at 1775 Duke Street. (#17 9/8/92; ROLL-CALL vote)
The City Clerk read the docket item.
(Jonathan Rak, 510 King Street, #200, attorney representing applicant, was available to answer questions.)
WHEREUPON, upon motion by Councilman Donley, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Donley "aye" Cleveland "aye"
Rich "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3593
AN ORDINANCE authorizing the owner of 1775 Duke Street, and the owner's successors in title, to vacate a storm sewer easement at 1775 Duke Street, in the City of Alexandria, Virginia.
WHEREAS, the Oliver Carr Company who owns the property at 1775 Duke Street in the City of Alexandria, Virginia, has applied for the vacation of a storm sewer easement which is located on said property;
WHEREAS, the easement to be vacated by this ordinance was granted to the City of Alexandria by the Virginia Department of Transportation by deed which is recorded in Deed Book 1308, page 58 among the land records of the City of Alexandria, and is shown on a plat attached thereto prepared by Holland Engineering and dated February 5, 1992 ("Plat") (attached hereto); and
WHEREAS, the vacation of this storm sewer easement has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and
WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and
WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and18
WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicant's agreement to comply with the conditions set forth below, the Council of the City of Alexandria has concluded that the storm sewer easement is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the storm sewer easement granted to the City of Alexandria by the Virginia Department of Transportation, which easement is recorded in Deed Book 1308, page 58 among the land records of the City of Alexandria and is shown on the Plat, be and hereby is vacated.
Section 2. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.
Section 3. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.
Section 4. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not become effective until a copy of the ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of the OLIVER CARR COMPANY, and such recordation shall be done by the Applicant at its own expense.
Attachment: Vacation Plat
Introduction: 9/8/92
First Reading: 9/8/92
Publication: 9/10/92; 9/11/92
Public Hearing: 9/12/92
Second Reading: 9/12/92
Final Passage: 9/12/92
19
28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to modify the composition of the Alexandria Commission on Aging to comply with federal law requirements. (#18 9/8/92; ROLL-CALL vote)
(A copy of the City Manager's memorandum dated 9/1/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 9/12/92, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.
(The following person participated in the public hearing on this item:
Ethel S. Underwood, 5300 Holmes Run Parkway, representing the Commission on Aging, spoke in support of this ordinance.)
WHEREUPON, upon motion by Councilwoman Pepper, 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:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3594
AN ORDINANCE to amend and reordain Section 12-9-12 (COMPOSITION; APPOINTMENT; TERMS AND COMPENSATION OF MEMBERS; FILLING VACANCIES; OFFICERS) of Article B (ALEXANDRIA COMMISSION ON AGING), Chapter 9 (AGING), Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 12-9-12 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. 12-9-12 Composition; appointment; terms and compensation of members; filling vacancies; officers.
The commission shall consist of 21 members appointed at large by the city council to terms of three years each. Any vacancy may be filled by the council for the unexpired portion of a term. Eleven members of the commission shall be 60 years of age or older, including minority individuals. Of the remaining 10 members, five shall be citizens at large, one shall be a representative of older persons, one shall be a representative of a health care provider organization, one shall be a representative of a supportive service provider, one shall be an individual with leadership experience in a volunteer organization and one shall be a local elected official, or his or her designee. A chairperson, vice chairperson and secretary shall be chosen annually by a two-thirds vote of the commission members present. Members shall serve without compensation but may receive such reimbursement for expenses as the council may from time to time allow.21
Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
Patricia S. Ticer
Mayor
Introduction: 9/8/92
First Reading: 9/8/92
Publication: 9/10/92; 9/11/92
Public Hearing: 9/12/92
Second Reading: 9/12/92
Final Passage: 9/12/92
WITH UNANIMOUS CONSENT, Councilwoman Pepper was designated as the Member of Council to serve on the Commission.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
CONSENT CALENDAR 29-31
29. SUP #1923-A - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership and amend the hours of operation of the restaurant located at 121 West Glebe Road; zoned CG, Commercial General. Applicant: Eugene McCant, t/a McDonald's.
COMMISSION ACTION: Withdrawn by Applicant Prior to Hearing.
30. SUP # 2607 - Public Hearing and Consideration of a request for a Special Use Permit to determine the vested rights of the property located at 1650-1652 Diagonal Road; zoned OCH, Office Commercial High. Applicant Upper King Street Associates, c/o Oliver Carr Company, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Deferred by Staff Prior to Hearing.
31. SUP #2612 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 222 North Lee Street, zoned CD, Commercial Downtown. Applicant: Marvelous Market , by Janis P. McConnell.
COMMISSION ACTION: Deferred by Staff Prior to Hearing.
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council noted the withdrawal and deferrals. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
22
OTHER
(A copy of the City Manager's memorandum dated 9/11/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 9/12/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Members of City Council and the City Manager participated in the discussion of this item.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried unanimously, City Council adopted, as amended, the calendar of City Council meetings for September 1992 - June 1993, which includes the following changes as a result of Council's discussion at its September 8 meeting:
addition of the Wednesday, September 16, 4:30 p.m. interviews of School Board Candidates;
deletion of the September 22 work session with representatives of the Alexandria Hospital; and
change in the dates of two budget work sessions (Monday, March 22 moved to Monday, March 15 and Monday, April 12 moved to Thursday, April 1.)
City Council changed its Regular Legislative Meeting from October 13 to October 14 which is to begin at 4:30 p.m., when that docket is completed, Council will go into the Public Hearing Meeting (originally scheduled for October 17], hopefully to be finished by 11:00 p.m on October 14. If not completed, Council will recess until October 15. Council will have the Council Retreat on Saturday, October 17, unless Councilwoman Pepper can change her schedule for October 31, in which case, Council will go back to the plan of having the Regular Public Hearing on Saturday, October 17, and the Retreat will be on Saturday, October 31.
The Council Meeting of October 13 will be changed to October 14 no matter what happens with the retreat date.
Councilwoman Pepper will let the City Manager's Office know early Monday whether or not her plans can be changed for October 31. The voting was as follows:
Jackson "aye" Donley "aye"
Cleveland "aye" Pepper "aye"
Ticer "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 held during the lunch break. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:23
RESOLUTION NO. 1613
WHEREAS, the Alexandria City Council has this 12th day of September, 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 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.
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, at 4:15 p.m., the Public Hearing Meeting of Saturday, September 12, 1992, was adjourned. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"'
Ticer "aye" Rich "aye"
Speck "aye"
APPROVED BY:
________________________________
PATRICIA S. TICER MAYOR
ATTEST:
________________________
Beverly I. Jett, CMC City Clerk24
This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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