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Public Hearing Meeting
Saturday, November 13, 1993 - - 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. Lynn, Director of Planning and Community Development; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Davis, Director of Housing; Ms. Hansen, Deputy Director of Housing; Mr. Brannan, Assistant City Manager; Mr. Eiffert, Executive Director of Agency on Aging; Mrs. Godwin, Director of Management and Budget; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. McMahon, Deputy Director of General Services; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Ms. Ross, Deputy Director of Planning and Community Development; Mr. Looney, Division Chief, Office on Housing; Mr. Thompson, Curator, Black History Resource Center; and Lieutenant Corle, Police Department.

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

OPENING

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

(a) Robert C. Eiffert, 110 Adams Avenue, representing the Commission on Aging, announced the Mayor's Conference on Housing and Services Options for Seniors in Alexandria. This will be held on Saturday, November 20, 1993, 9:00 a.m. to 1:00 p.m. at the Minnie Howard School, 3801 Braddock Road.

(b) Ellen Pickering, 103 Roberts Lane, representing "Save the George Washington Parkway", spoke against a traffic light at Daingerfield Island. She spoke in support of Option 1 of the working paper Congressman Moran shared with those attending the meeting on Friday, November 12. It was strictly a working paper; however, Option 1 is one that they would ask Council to support and have a resolution telling the Park Service that is the one that Council supports. Option 1 would eliminate access to the Potomac Green tract and provide for RF&P to construct an improved intersection at Daingerfield Island and for the National Park Service to grant limited development rights to the indentured lands in Arlington.


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Mayor Ticer stated that this meeting was basically an attempt to get on the table a discussion about the interchange which the Park Service is requiring. She thought that the affect of the meeting was basically to get the Park Service to agree to sit down with the RF&P to talk about that interchange and possible alternatives. This was the first time the City had heard of the possible alternatives. It was just a working paper. It has had no study, no discussion and there is a very long way to go on this process.

The City Manager stated that the Park Service and the RF&P are going to be meeting with regard to those options and indeed may come up with variations on those options or new options. At that point, they will be back in touch with the City and we certainly will share that information with the City Council and with the public.

A copy of the working paper will be provided to the Members of Council. Copies will be available in the City Clerk's Office for anybody who would like to have additional copies.

(c) Ed Hatcher, 19 W. Walnut Street, director of Project New Course, spoke briefly on the issue of privatization of government services; a copy of Mr. Hatcher's statement is on file in the Office of the City Clerk and Clerk of Council.

(d) Jack Sullivan, 4300 Ivanhoe Place, president of NO GRIDLOCK!, spoke to the meeting yesterday at Congressman Moran's office. He stated that he thinks that the Park Service is the City's friend, not its enemy. He stated that the RF&P proved to be as recalcitrant an adversary one could wish for. He stated that he thinks that now that our destiny may be bound up with the indentured lands in Arlington that the Option 1 is a very good option and it deserves very serious City study. Finally, it is his understanding that within a couple of weeks the judge in the case of the lawsuits that the RF&P has filed against the City would be asking for some decision on the part of RF&P. Whether it wishes to go ahead or not go ahead, and if it wishes to go ahead, it is his understanding that the judge will set a trial date. He stated it is his belief that at that point in time that ordinance which Council passed which gave increased densities to the RF&P on the grounds that they would drop those lawsuits, that that increased density should become moot.

(e) Rod Kuckro, 209 E. Alexandria Avenue, added his support to Mr. Sullivan's remarks and congratulated the Mayor for the way in which he understands the meeting was conducted yesterday. He stated that he, too, believes that the Park Service has been done a disservice, at least in some staff documentation, and, if not, by some misunderstandings that have been put forward by the RF&P Railroad. The Park Service is an ally to the City in this case. They are not out to do us in. It is very clear to certainly Congressman Moran, RF&P, and many of Council, that their demand for the interchange is a negotiating tactic. They don't favor it. They favor Option 1, swapped land, an indenture on some land in Arlington and to have the Park Service to regain the rights to the access. The City Council ought to be considering the Park Service in this case as an ally as well, because what they are doing is supporting the historic position of this Council as expressed in the Master Plan. Without the access, the City is going to end up a winner in this case and, it would be his view, in the City's best interest to clearly express that to the Park Service and endorse Option 1.

(f) Marilyn Doherty, 12 W. Mt. Ida Avenue, spoke in favor of the RF&P paying taxes. She wanted to know what the total tax bill was for the last nine years, what was the amount that was settled for and what is the reason for the difference.


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The City Attorney stated that the City has had tax litigation pending against the RF&P Railroad Company since 1987. The litigation has involved tax years 1984 through 1991. With respect to the assessments, we have been in four different courts and about seven different proceedings and we have just about come to a resolution of it. The resolution has ultimately ended up in a substantial payment of sums to the City. It has resulted in the City keeping a substantial portion of tax payments that have been made over the years by the RF&P which they contested when they made the payments. It has not resulted, as Marilyn suggests, in the City receiving every tax dollar that was assessed or based upon an assessment given by the State Department of Taxation. Railroad operating property in Virginia, and therefore in the City, is not assessed by the City of Alexandria. It is assessed by the State Department of Taxation. The State assessments over time were considered by the City and everyone else who has looked at the property as being too high. The City has settled the cases, in his view and in Council's view, based on very reasonable assessments of the land and the settlement has resulted in very substantial payments to the City. He stated that he thinks the City has come out very, very well and he can just tell you that we have received millions beyond which we otherwise would not have received. The assessments ended up at very favorable figures and the dollars that came into the City were quite substantial.

The Mayor stated that at the time that it is appropriate for that to be made public then we should certainly make it public.

Council Member Rich stated that whenever it is final a report ought to be made available to Council and to the public.

(g) John Chapman Gager, representing Friends of Homeless Animals and Old Town Yacht Basin, spoke during this period.

(h) Virginia Drewry, 118 Prince Street, vice president of Old Town Civic Association, spoke on behalf of the Association with regard to the Parkway. The Association very strongly supports and appreciates the fact that the Master Plan position is there and is extremely concerned about access to the Parkway. The Association is very concerned about traffic backing up into Old Town and commuters going through residential areas and cutting off access to businesses because of the streets being blocked by traffic backing up on the Parkway and Washington Street.

3. Presentation to the City by the Chair of the Archaeology Commission of the 1993 Governor's Environmental Excellence Award for Historic Preservation.







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR 4 - 12
Planning commission
WITHOUT OBJECTION, City Council removed Docket Item Nos. 4 and 8 from the Action Consent Calendar and considered them under separate motions.

5 . SUP #2728 - Public Hearing and Consideration of a request for a special use permit to operate a full-service restaurant with carry-out service within the BJ's Wholesale Club complex located at 101 South Van Dorn Street; zoned CRMU-M, Commercial Residential Mixed Use, Medium. Applicant: Burger King Corporation and BJ's Wholesale Club, by Mark Hill.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 11/13/93, and is incorporated herewith as part of this record by reference.)

6. SUP #2025-C - Public Hearing and Consideration of a request for a special use permit to construct an addition to the restaurant located at 2950 Eisenhower Avenue; zoned OCM-100, Office Commercial Medium. Applicant: Mancini's, Inc., by Robert P. Dirmeyer.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 11/13/93, and is incorporated herewith as part of this record by reference.)

7. SUP #2735 - Public Hearing and Consideration of a request for a special use permit to extend the hours of operation of the restaurant known as Antonio's Restaurant located at 34 South Reynolds Street; zoned CG, Commercial General. Applicant: DGF Restaurant Group, Inc.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 11/13/93, and is incorporated herewith as part of this record by reference.)

9. SUP #2741 - Public Hearing and Consideration of a request for a special use permit to operate an automobile repair garage located at 450 South Pickett Street; zoned CG, Commercial General. Applicant: Midas International, Inc., by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 11/13/93, and is incorporated herewith as part of this record by reference.)







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10. SUP #2742 - Public Hearing and Consideration of a request for a special use permit to operate a commercial school located at 4700 King Street; zoned OCM-100, Office Commercial Medium. Applicant: Carter Holdings, Inc., t/a Sylvan Learning Center, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 11/13/93, and is incorporated herewith as part of this record by reference.)

11. VACATION #93-007 - Public Hearing and Consideration of a request for vacation of a public alley right-of-way in the rear of the property located at 103 West Monroe Avenue; zoned R-5, Residential. Applicant: Mark Horowitz; and appointment of viewers for same.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/13/93, and is incorporated herewith as part of this record by reference.)

Board of Architectural Review

12. BAR #93-074 - Public Hearing on and Consideration of an Appeal of the Decision of the Board of Architectural Review, Old and Historic District, on August 18, 1993, denying portions of a request for a certificate of appropriateness for approval of replacement windows to be installed at 408 Duke Street, by E. Grey Lewis, applicant.

NOTE: The Applicant has requested that this item be withdrawn as a compromise has been reached.

(A copy of Mr. Lewis' letter dated November 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/13/93, and is incorporated herewith as part of this record by reference.

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. 2 of Item No. 12; 11/13/93, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated August 30, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 12; 11/13/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Action Consent Calendar with the exception of Docket Item Nos. 4 and 8 which were considered under separate motions. The Planning Commission recommendations are as follows:

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



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

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

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

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

11. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations; the Mayor subsequently appointed James K. Ryan, Chair, and Joan Furtaw and Anne Mary Ingraham, as Viewers.

NOTE: James K. Ryan called and stated that he would be out of town and could not serve; therefore, the Mayor appointed Susan Kilpatrick as Chair.

12. City Council noted the withdrawal of this item.
The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"

4. SUP #2726 - Public Hearing and Consideration of a request for a special use permit to operate a day care center (day camp) located at 5801 Duke Street, within the Landmark Center; zoned CR, Commercial Regional. Applicant: YMCA of Metro Washington, D.C./Veterans' Memorial Branch, by Derick Malis.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/13/93, and is incorporated herewith as part of this record by reference.)


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WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations with the stipulation of an added condition to read: "That there is some consulting with our own training expert." The voting was as follows:

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

8. SUP #2740 - Public Hearing and Consideration of a request for a special use permit to operate a catering business and for a reduction in the required off-street parking for the property located at 1125 North Royal Street; zoned CDX, Commercial Downtown. Applicant: Windows Catering Company, by John A. Sobecki.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/13/93, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated November 12, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 11/13/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #2 and Condition #11, and substituted the language given to Council this morning for Condition #4 which now reads: "4. Trash and garbage shall be collected at least three times per week. All trash and garbage shall be stored in sealed containers and best efforts will be made to prevent any odor or rodent problems." The voting was as follows:

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







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
13. (a) MASTER PLAN AMENDMENT #93-001 - Public Hearing on and Consideration of a request to amend the Old Town Small Area Plan chapter of the 1992 Master Plan by changing the policies with respect to restaurants. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13 (a-b); 11/13/93, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated November 11, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13 (a-b); 11/13/93, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 13 (a-b); 11/13/93, and is incorporated herewith as part of this record by reference.) (The following persons participated in the public hearing on this item: NOTE: Each neighborhood representative spoke to various problems in their area.

Larry Robinson, 624 S. Saint Asaph Street, president, Old Town Civic Association, spoke in support with amendments;

George Ellmore, 1740 Dogwood Drive, representing the restaurants, spoke against;

Anna M. Moore, 206 Wolfe Street, Old Town Civic Association Resident Representative to the Old Town Parking Committee, spoke to suggested amendments;

James Graham, 728 King Street, spoke;

H. Curtiss Martin, 118 Prince Street, supported in principle;

Jack Janetatos, 206 Wolfe Street, spoke;

Virginia Drewry, 118 Prince Street, representing neighbors and herself, spoke to problems;

Rhea Engel, 218 N. Fairfax Street, spoke in support;

Bob Ellis, 110 Prince Street, representing neighbors and himself, spoke toproblems;

Jack Henes, 404 Prince Street, spoke in support;

Jonathan Wilbor, 310 S. Lee Street, representing neighbors and himself, spoke in support;

Judy McVey, 207 N. Columbus Street, spoke in support;

Susan Horner Quatannent, 212 Wolfe Street, representing neighbors and herself, spoke in support;

Evan MacGibbon, 112 Duke Street, spoke in support;

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Sarah Becker, 1200 Princess Street, Inner City Civic Association's representative on the restaurant committee, spoke;

Jane Washburn Robinson, 404 Duke Street, spoke to problems;

Sarita Schotta, 104 Prince Street, spoke to problems;

Charles H. Huettner, 218 S. Fayette Street, spoke in support;

Bob Dempsey, 214 Prince Street, representing Downtown Residential Alliance, spoke;

Carl Andreen, 1220 Franklin Street, spoke against; and

Kathleen Snyder, 801 N. Fairfax Street, president and chief executive officer, Alexandria Chamber of Commerce, spoke against.

General Discussion. The Members of City Council and the City Manager participated in the discussion.

Councilman Donley requested the City Manager to look into making an inspector available after 5:00 p.m. [when most of the problems occur] through existing resources and to report back to us once she comes up with a suitable alternative.

The City Manager stated that staff will provide Council with a report on the number of arrests and the activities that the Police are involved in.

Councilwoman Pepper suggested that possibly the City Manager could redirect some police officers to this area to get the report out.

The City Manager stated that staff will give Council a report on that. This is the most intense police presence in the City of Alexandria, appropriately so.

Councilman Donley requested the City Manager to include in the report the enforcement of the open container law in the Old Town area to see if we need to step that up as well.

Councilman Speck suggested that a more concerted effort be made with more manpower done periodically to actually use some of the existing ordinances that are available to us; i.e., disorderly [conduct], but which doesn't require an actual physical custody arrest. But, we could also use drunk in public and make more arrests. We can make it clear to the people that are coming to Old Town to drink that our tolerance has lowered to a point where we are not going to accept inappropriate behavior that is contributed by drinking. He suggested that we should consider doing a sobriety checkpoint in the Old Town area as a part of this effort that we are not going to tolerate that part of it. These specific steps can be implemented relatively quickly without a lot of detail and fanfare. We are going to do a lot to support the restaurant development and growth and economic success. We are also going to say that with that comes some obligations on the part of the patrons and that our tolerance is no longer going to accept behavior that is disruptive to the community.

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WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council approved the Planning Commission recommendations with some amendments. The first amendment is the technical amendments that the staff provided Council to clarify a sentence that was deleted as it related to the litter section. The second amendment is that point (f) concerning the cumulative impact be placed in the general preamble paragraph under the headline "Policies to attain the goals of the restaurant policy", that it simply be included as part of that language as part of our overall review of consideration of restaurant applications. The next amendment is that under the specific reference of "bar seats and bar service" that that particular statement be included under point (d) that talks about alcohol consumption and makes clear that consideration of the number of bar seats or standing areas in the vicinity of bars be included as a part of that consideration. The final amendment would be again under the language of the general policy statement where it talks about "In the case of an expansion or other intensification, the entire operation of the establishment "shall" be taken into account... " to amend that to read "may" be taken into account...". The voting was as follows:

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







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13. (b) Public Hearing on and Consideration of a resolution establishing a policy and criteria to be used by staff, the Planning Commission and City Council in applying the revised Old Town Restaurant Policy. (ROLL-CALL VOTE)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, with the changes that were made in the Planning Commission recommendations to be incorporated into the resolution, City Council adopted the resolution, as amended. The voting was as follows:

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

The resolution, as amended, reads as follows:
RESOLUTION NO. 1672

WHEREAS, the City Council has adopted revised policies with respect to restaurants in Old Town as an amendment to the Old Town section of the Alexandria Master Plan; and

WHEREAS, is desirable to adopt policies and guidelines to be used by staff, the Planning Commission and City Council in applying the revised Old Town restaurant policy;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alexandria that:

1. The following guidelines and policies are hereby adopted in their entirety.

2. This resolution shall take effect immediately upon its adoption.

POLICIES AND CRITERIA AS AMENDED BY CITY COUNCIL

1. Availability of Off-street Parking for Patrons


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2. Parking Management Plan
______________ 75-99%
______________ 50-74%
______________ 1-50%
______________ None

3. Extent of Patrons and Employees at Late Night Hours







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4. Alcohol Consumption

5. Litter
______________ No or little litter expected
______________ Substantial litter expected

Whereupon, at 1:25 p.m., Council recessed for the work session during the lunch break.

There was a work session during the lunch break with the legislative delegation regarding the City's 1994 legislative package in the Council Workroom.

The Members of City Council, the City Attorney, the legislative delegation, the City Manager and members of City staff, and Judge Rideout participated in the discussion on the City's 1994 legislative package.)

(A copy of the agenda pertaining to this work session is incorporated herewith as part of the record by reference.)

Thereupon, at 3:05 p.m., City Council reconvened the meeting and the following transpired:

At this point, Council considered Docket Item No. 18 out of order and then returned to Docket Item No. 14.







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Board of Architectural Review (continued)
18. BAR #93-136 - Public Hearing on and Consideration of an Appeal of the Decision of the Board of Architectural Review, Old and Historic District, on September 1, 1993, denying a request for a certificate of appropriateness for approval of painting a previously unpainted masonry house at 310 Prince Street, by David S. Bracken, attorney and agent for Robert J. Banks, applicant.

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 11/13/93, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated September 15, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 11/13/93, and is incorporated herewith as part of this record by reference.

A copy of materials from Mr. Neale dated November 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 11/13/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried unanimously, City Council issued the following certificate of appropriateness that there be a conditional approval as follows: that three sides of the building, the east, west, and south sides of the building, be painted in a color mutually agreed between Mr. Wayne Neale, the architect for the owner, and Mr. Peter Smith of the City staff; that the front of the building remain unpainted with further tests to be taken to determine the moisture content of the wood in the lintels after the windows have been caulked and the other three sides of the building painted. If the moisture reading remains high, the owner will then bring the front of the building back to the Board of Architectural Review for further consideration as part of this certificate so he doesn't have to wait the year. He can do it as part of this. What he will do is he will refrain from finishing the front rooms in his restoration so that he can go in and take those moisture readings of that wood and he will keep from doing that until this work has been done and you can take an accurate reading. The voting was as follows:

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







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14. TA #93-013 - Public Hearing and Consideration of amendments to Article IV (Commercial, Office and Industrial Zones), Section 4-1200 (I/Industrial Zone), Subsection 4-1203 (Special Uses) of the Zoning Ordinance, for the purpose of adding retail and restaurant to the Industrial Zone and to correct a typographical error. Staff: Department of Planning and Community Development. (#28 10/16/93)

COMMISSION ACTION: Recommend Approval 4-2.

(A copy of Mr. Lynn's memorandum dated November 11, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 11/13/93, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 11/13/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, a motion was made by Councilman Speck, seconded by Councilman Jackson to approve the Planning Commission recommendation and approve the text amendment.

THEREUPON, a motion was made by Council Member Rich, seconded by Councilwoman Pepper to amend the main motion to include the special use requirement for retail uses; which motion FAILED on a vote of 2-to-5. The voting was as follows:

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

WHEREUPON, Council returned to the main motion made by Councilman Speck, seconded by Councilman Jackson and carried on a vote of 6-to-1, City Council approved the Planning Commission recommendation and approved the text amendment. The voting was as follows:

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







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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

15. Public Hearing of and Consideration on the City's Proposed 1994 Legislative Package. (#13 10/26/93)

(A copy of the City Attorney's memorandum dated October 25, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 11/13/93, and is incorporated herewith as part of this record by reference.

A copy of Mr. LaMois' letter dated November 12, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 11/13/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the legislative package deleting items 6, 9, and 15 and directed the City Attorney to come back to Council in December with a draft Charter Bill for the public hearing on December 11, with the understanding that the City Attorney do some investigation on the FOIA issue. The voting was as follows:

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

16. Public Hearing on the Draft Comprehensive Housing Affordability Strategy (CHAS).

(A copy of the City Manager's memorandum dated November 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/13/93, and is incorporated herewith as part of this record by reference.)

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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried unanimously, City Council closed the public hearing and scheduled it for consideration on December 7, 1993. The voting was as follows:

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

17. Consideration of Allocation of Monies for the City's Continued Participation in the A.P. Hill Regional Jail. (This is not a public hearing item.)

(A copy of the City Manager's memorandum dated November 11, 1993 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 11/13/93, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council deferred this item to the November 23 City Council meeting when it will be included in the Monthly Financial Report.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
19. SECTION 9.06--#93-004 - Public Hearing and Consideration of a proposal by the City of Alexandria, Virginia, to acquire the property at 906 Wythe Street for use as a research library for the adjacent Alexandria Black History Resource Center, pursuant to the provisions of Section 9.06 of the City Charter. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/13/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the City's acquisition of the subject property. The voting was as follows:

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






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20. MASTER PLAN AMENDMENT #93-004 - Public Hearing and Consideration of a request to amend the Braddock Road Metro Station Small Area Plan chapter of the 1992 Master Plan by changing the land use designation from RM-Residential Medium to INST-Institutional. Applicant: City of Alexandria, by Jean Taylor Federico, Director, Office of Historic Alexandria.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/13/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded simultaneously by Councilwoman Pepper and Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the proposed master plan amendment. The voting was as follows:

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

21. REZONING #93-011 - Public Hearing and Consideration of a request to rezone from RB/Townhouse to CL/Commercial Low, with proffers. Applicant: City of Alexandria, by Jean Taylor Federico, Director, Office of Historic Alexandria.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/13/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the proposed rezoning with proffers. The voting was as follows:

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

22. SUP #2744 - Public Hearing and Consideration of a request for a special use permit to reduce/modify required parking and use the existing building at 906 Wythe Street for a Public Building (research library for the Alexandria Black History Resource Center). The property is zoned RB/Townhouse, with a rezoning to CL/Commercial Low, with proffers pending. Applicant: City of Alexandria, by Jean Taylor Federico, Director, Office of Historic Alexandria.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 11/13/93, and is incorporated herewith as part of this record by reference.)



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WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved SUP 2744 subject to all applicable codes and ordinances and the staff-recommended conditions. The voting was as follows:

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

23. MASTER PLAN AMENDMENT #93-005 - Public Hearing and Consideration of a request to amend the Alexandria West Small Area Plan chapter of the 1992 Master Plan by increasing heights permitted without a CDD special use permit within the Winkler Tract CDD (Tax Map Nos. 19.00 01 02.02-02.07, 19.00 02 01-09, 20-00 03 01 and 29.00 01 05). Applicant: The Mark Winkler Company, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 11/13/93, and is incorporated herewith as part of this record by reference.)

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

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

24. REZONING #93-009 - - TA #93-036 - Public Hearing and Consideration of a request to approve a zoning amendment increasing heights permitted without a CDD special use permit within the Winkler CDD by amending section 5-602(A) for CDD #4, the Winkler Tract. (Tax Map Nos. 19.00 01 02.02-02.07 19-00 02 01-09, 20-00 03 01 and 29.00 01 05). Applicant: The Mark Winkler Company, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 11/13/93, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the staff recommendation. The voting was as follows:

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

25. MASTER PLAN AMENDMENT #93-007 - Public Hearing and Consideration of a request to amend the Landmark/Van Dorn Small Area Plan chapter of the 1992 Master Plan by changing land use designations in the vicinity of the 400 block of South Pickett Street. [This application was filed to change 430 through 450 South Pickett Street from a Commercial General designation to a Commercial Service Low designation.] Applicant: ITT Commercial Finance Corporation and Juno Capital Corporation, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 11/13/93, and is incorporated herewith as part of this record by reference.

A copy of papers submitted by Reem Kalil dated November 13, 1993, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item Nos. 25 and 26; 11/13/93, and is incorporated herewith as part of this record by reference.)

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

Reem Kalil, 4592 Eisenhower Avenue, representing Mael Carex, spoke to this item and Docket Item No. 26;

Mohsen Khalil, 4592 Eisenhower Avenue, representing Mael Carex, spoke to this item and Docket Item No. 26;

Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support of this item and Docket Item No. 26; and

Harry P. Hart, 307 N. Washington Street, attorney representing the applicant, spoke in support of this item and Docket Item No. 26.

General Discussion. Members of Council asked questions of Mr. Lynn, Director of Planning and Community Development, and Mr. Hart, attorney.)

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

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







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26. REZONING #93-012 - Public Hearing and Consideration of a request to rezone the properties at 430 through 450 South Pickett Street from CG-Commercial General to CSL-Commercial Service Low. Applicant: ITT Commercial Finance Corporation and Juno Capital Corporation, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 11/13/93, and is incorporated herewith as part of this record by reference.)

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

27. TA #93-032 - Public Hearing and Consideration of an amendment to section 12-302(F) (Noncomplying Uses- -Special Uses) of the zoning ordinance to allow a special use permit to be extended even if the permit was granted with a specific expiration date and for a use no longer permitted in the zone. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 11/13/93, 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 Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the proposed text amendment. The voting was as follows:

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

28. TA #93-033 - Public Hearing and Consideration of an amendment to section 9-203 (Signs in Industrial Zones) of the zoning ordinance to allow a rotating display of merchandise in an industrial zone with a special use permit. Staff: Director of Planning and Community Development.

COMMISSION ACTION: Recommend Denial 6-0

(A copy of the Planning commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 11/13/93, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 28; 11/13/93, and is incorporated herewith as part of this record by reference.



21

A copy of the City Manager's memorandum dated September 23, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 28; 11/13/93, and is incorporated herewith as part of this record by reference.)

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

Michael Brown, 18 E. Custis Avenue, representing the Del Ray Citizens Association, spoke in support.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously, City Council overturned the recommendation of the Planning commission and approved the proposed text amendment. The voting was as follows:

29. TA #93-034 - Public Hearing and Consideration of an amendment to section 9-202(E) (Signs in Commercial Zones) of the zoning ordinance to allow temporary signs for a period not to exceed 30 days. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 11/13/93, 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 simultaneously by Councilwoman Pepper and Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the proposed text amendment. The voting was as follows:

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

30. TA #93-035 - Public Hearing and Consideration of an amendment to section 7-202(A) (Permitted Obstructions on All Yards) of the zoning ordinance to allow, as an obstruction in any required yard, open stairs that project no more than four feet from the building face and ramps for handicapped access. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 5-1

(A copy of the Planning Commission report dated November 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 11/13/93, 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.






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WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the proposed text amendment. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

31. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to make it unlawful for city residents to fail to obtain and display on their motor vehicles a city decal which shows that the vehicles have been registered with the city. (#16 11/9/93) (ROLL-CALL VOTE)

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3679

AN ORDINANCE to amend and reordain Section 10-4-37 (FAILURE TO PROCURE AND DISPLAY CITY LICENSE PLATE, WINDSHIELD TAG OR DECAL), of Chapter 4 (STOPPING, STANDING AND PARKING), 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 10-4-37 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. 10-4-37 Failure to procure and display city license plate, windshield tag or decal.

It shall be unlawful for any person required to procure and display a city license plate, windshield tag or decal upon a motor vehicle, trailer or semitrailer, as specified in article R, chapter 2, title 3 of this code, to operate or park said vehicle, trailer or semitrailer, or to permit or cause said vehicle, trailer or semitrailer to be operated or parked, at any location in the city, without having procured and displayed the required plate, tag or decal upon the vehicle, trailer or semitrailer.







2 3

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

PATRICIA S. TICER
Mayor

Introduction: 11/9/93
First Reading: 11/9/93
Publication: 11/10/93; 11/11/93; 11/12/93
Public Hearing: 11/13/93
Second Reading: 11/13/93
Final Passage: 11/13/93

32. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to increase the audit fee which the city may assess organizations that conduct bingo games in the city from one to two percent of the organizations' annual gross bingo receipts. (#19 11/9/93) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated November 3, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 11/13/93, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a ROLL-CALL vote of 6-to-1, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3680

AN ORDINANCE to amend and reordain subsection (m) of Section 13-1-13 (BINGO GAMES AND RAFFLES ALLOWED CERTAIN ORGANIZATION WITH PERMIT--REGULATIONS AND PROCEDURES; REVOCATION OF PERMITS; APPEALS AND PENALTIES), of Chapter 1 (GENERAL OFFENSES), Title 13 (MISCELLANEOUS OFFENSES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (m) of Section 13-1-13 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:

(m) The director shall cause to be audited any financial report filed pursuant to subsection (f) and section 18.2-340.6 of the Virginia Code (1950), as amended, and may charge the volunteer fire department, rescue squad or organization submitting the report an audit fee up to two percent of the gross annual receipts reported.







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

PATRICIA S. TICER
Mayor

Introduction: 11/9/93
First Reading: 11/9/93
Publication: 11/10/93; 11/11/93; 11/12/93
Public Hearing: 11/13/93
Second Reading: 11/13/93
Final Passage: 11/13/93

33. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the procurement provisions of the city code to authorize the city to purchase goods and services from vendors under contracts that the vendors have entered with other Virginia local governments pursuant to the competitive procurement process. (#20 11/9/93) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated October 26, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 11/13/93, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance 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. 3681

AN ORDINANCE to add a new Section 3-3-24 (PURCHASES UNDER CONTRACTS COMPETITIVELY ENTERED BY OTHER VIRGINIA JURISDICTIONS) to Article C (COOPERATIVE PROCUREMENT), Chapter 3 (PURCHASES AND CONTRACTUAL SERVICES), Title 3 (FINANCE, TAXATION AND PURCHASES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article C of Chapter 3, Title 3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Section 3-3-24, to read as follows:

Sec. 3-3-24 Purchases under contracts competitively entered by other Virginia
jurisdictions.

Notwithstanding any other provision of this chapter to the contrary, the city may make purchases of goods and services from nongovernmental vendors under contracts that the vendors have entered, pursuant to a competitive procurement process, with one or more other Virginia jurisdictions, whether or not those contracts expressly provide for purchases by other Virginia jurisdictions. Prior to any city purchase under a contract entered by another Virginia jurisdiction, the purchasing agent shall find that the process pursuant to which the contract was entered complied with the Virginia Public Procurement Act.

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

PATRICIA S. TICER
Mayor

Introduction: 11/9/93
First Reading: 11/9/93
Publication: 11/10/93; 11/11/93; 11/12/93
Public Hearing: 11/13/93
Second Reading: 11/13/93
Final Passage: 11/13/93

34. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way located at 113 through 117 North Alfred Street for stoops, steps and ramps, and into the public sidewalk right-of-way located at 800 Cameron Street and 116 through 126 North Columbus Street for landscape areas, all in conjunction with the development of an underground public parking garage and an above-ground townhouse project at the intersection of Cameron and North Columbus Streets. (#21 11/9/93) (ROLL-CALL VOTE)

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3682

AN ORDINANCE authorizing the owner of the property currently in use as a surface parking lot and bounded by the 100 block of North Alfred Street, the 800 block of Cameron Street and the 100 block of North Columbus Street, and the owner's successors in title, to establish and maintain an encroachment into the public right-of-way of the 100 block of North Alfred Street, the 800 block of Cameron Street, and the 100 block of North Columbus Street, in the City of Alexandria, Virginia.

WHEREAS, Lawrence N. Brandt, Inc. is the contract purchaser of the property, currently owned by the City of Alexandria and used as a surface parking lot, and bounded by the 100 block of North Alfred Street, the 800 block of Cameron Street and the 100 block of North Columbus Street in the City of Alexandria, Virginia (the "Property"); and

WHEREAS, Lawrence N. Brandt, Inc. desires to establish and maintain, and has applied for, an encroachment into the public right-of-way of the 100 block of North Alfred Street, the 800 block of Cameron Street and the 100 block of North Columbus Street, which encroachment shall contain a handicap ramp, steps and landscaping along a portion of the 100 block of North Alfred






26


Street, landscaped areas projecting six feet into a portion of the public right-of-way along the 800 block of Cameron Street, and landscaped areas projecting four feet into a portion of the public right-of-way along the 100 block of North Columbus Street; and

WHEREAS, the public right-of-way at these points on the 100 block of North Alfred Street, the 800 block of Cameron Street and the 100 block of North Columbus Street will not be significantly impaired by the requested encroachment; and

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

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

Section 1. That Lawrence N. Brandt, Inc., and its successors in title, including successors in title to a portion of the Property (hereinafter collectively the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way of the 100 block of North Alfred Street, the 800 block of Cameron Street and the 100 block of North Columbus Street in the City of Alexandria, said encroachment consisting of a strip of land approximately six feet wide and 135.62 feet long abutting the portion of the Property fronting on the 100 block of North Alfred Street, a strip of land approximately 6.7 feet wide and 250.05 feet long adjacent to the portion of the Property fronting on the 800 block of Cameron Street, and a strip of land approximately 4.5 feet wide and 138.23 feet long abutting the portion of the Property fronting on the 100 block of North Columbus Street, all as shown on the plat, entitled "Plat Showing Encroachment Easement Located in Portions of North Alfred Street, North Columbus Street and Cameron Street," prepared by Holland Engineering and dated September 21, 1993 (attached hereto), until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain the encroachment described in Section 1 shall at all times be subject to the condition that the area within the encroachment shall be used only as shown on the final site plan for special use permit Nos. 2722, 2723 and 2724.

Section 3. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:





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

Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and maintaining the encroachment, Owner shall be deemed to have promised and agreed to indemnify and hold harmless the City of Alexandria from any and all loss and liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 8. That this ordinance shall be effective upon the date and at the time of its final passage.

PATRICIA S. TICER
Mayor

Introduction: 11/9/93
First Reading: 11/9/93
Publication: 11/10/93; 11/11/93; 11/12/93
Public Hearing: 11/13/93
Second Reading: 11/13/93
Final Passage: 11/13/93







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35. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a three-foot wide strip of public sidewalk right-of-way located along a portion of the 100 block of North Alfred Street, in conjunction with the development of an underground public parking garage and an above-ground townhouse project at the intersection of Cameron and North Columbus Streets. (#22(b) 11/9/93) (ROLL-CALL VOTE)

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3683

AN ORDINANCE to vacate an approximately three-foot wide portion of the public street right-of-way running in a north-south direction along a portion of the east side of the 100 block of North Alfred Street in the City of Alexandria, Virginia.

WHEREAS, the City of Alexandria which owns the property between North Alfred and North Columbus Streets on the south side of the 800 block of Cameron Street (the "Property"), and the city's department of transportation and environmental services ("Applicant") has applied for the vacation of a portion of the public street right-of-way of North Alfred Street along the portion of the 100 block of North Alfred Street which is adjacent to and runs along the western property line of the Property and which is part of the public sidewalk running along the east side of North Alfred Street, said area to be vacated running approximately three feet wide and consisting of approximately 407 square feet; and

WHEREAS, the public street right-of-way sought to be vacated by this ordinance is shown on the plat prepared by Holland Engineering and dated September 21, 1993 (the "Plat") (attached hereto); and

WHEREAS, the vacation of this public street right-of-way 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; and

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 condition set forth below, the City Council of Alexandria has concluded that the public right-of-way to be vacated by this ordinance is no longer needed to be reserved exclusively for public use and that




29

it is in the public interest that it be vacated in conjunction with the sale of the Property to Lawrence N. Brandt, Inc., and the Property's development as an underground public parking garage and an above-ground townhouse project; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the public street right-of-way, as shown on the Plat, be and the same hereby is vacated.

Section 2. That this vacation is subject to the condition, to be satisfied by Applicant or a purchaser or owner of the Property, that the portion of the public street right-of-way along the 100 block of North Alfred Street that is being vacated by this ordinance shall be consolidated with the Property and that a plat of consolidation shall be submitted for approval by the department of planning and community development prior to said Plat's recordation.

Section 3. That no recordation of this ordinance shall have any force or effect unless and until the condition set forth above in section 2 above has been satisfied.

Section 4. 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 5. 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 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the condition set forth above in section 2 has been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the condition set forth in section 2 has been satisfied. Recordation of the certified ordinance shall be indexed in the name of the CITY OF ALEXANDRIA, VIRGINIA.

PATRICIA S. TICER
Mayor

Attachment: Vacation Plat

Introduction: 11/9/93
First Reading: 11/9/93
Publication: 11/10/93; 11/11/93; 11/12/93
Public Hearing: 11/13/93
Second Reading: 11/13/93
Final Passage: 11/13/93







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31

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36. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize the sale of the city-owned property at the intersection of Cameron and North Columbus Streets, which is currently used as a surface parking lot, to Lawrence N. Brandt, Inc., in conjunction with the development of the property as an underground public parking garage and an above-ground townhouse project. (#23 11/9/93) (ROLL-CALL VOTE)

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

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

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

The ordinance was finally passed reads as follows:
ORDINANCE NO. 3684

AN ORDINANCE to approve and authorize the conveyance of the property owned by the City of Alexandria at the intersection of Cameron and North Columbus Streets, in the City of Alexandria, Virginia, to Lawrence N. Brandt, Inc., or its assigns;

WHEREAS, in July 1991, the City of Alexandria issued a request for proposals (the "RFP") for the development of the city-owned property at the intersection of Cameron and North Columbus Streets (the "Property"), then in use as a surface parking lot, as an underground public parking garage and an above-ground townhouse project; and

WHEREAS, Lawrence N. Brandt, Inc., submitted a proposal in response to the RFP, and was eventually selected by the city as the successful proposer and developer of the Property; and

WHEREAS, under the terms of the RFP and the proposal of Lawrence N. Brandt, Inc., the city is to convey the Property to Lawrence N. Brandt, Inc., or its assigns, which in turn is, at its sole cost and expense, to construct on the underground portion of the Property a public parking garage consisting of at least 200 public parking spaces, to operate and maintain the garage for approximately 35 years and then to return the garage to the city, and to construct on the above-ground portion of the Property commercial and residential townhouses; and

WHEREAS, the sale of the Property to Lawrence N. Brandt, Inc., has been approved by the planning commission and city council, pursuant to section 9.06 of the city charter; and

WHEREAS, an Agreement of Sale of the Property, dated October 15, 1993 (the "Agreement of Sale"), between the city and Lawrence N. Brandt, Inc., has been approved by city council and executed by the city manager; now therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the conveyance to Lawrence N. Brandt, Inc., or any assigns permitted under the Agreement of Sale, of (i) the property at the intersection of Cameron and North Columbus Streets, in the City of Alexandria, and more particularly described as Tax Map Parcel Nos. 64.04-06-18 through and including 64.04-06-21, and Nos. 64.04-06-28 and -29, and (ii) the property within the portion of the public right-of-way along the 100 block North Alfred Street vacated by Ordinance No. 3683, be and the same hereby is authorized.

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Section 2. That the city manager be, and hereby is, authorized, on behalf of the City of Alexandria, to do all things necessary and desirable to carry out the conveyance authorized by this ordinance, including but not limited to the execution and delivery of a deed of conveyance and all other documents necessary to accomplish the conveyance.

Section 3. That the city clerk be, and hereby is, authorized and directed to attest, wherever necessary, the execution of the documents referred to in Section 2 above, and to affix thereon the official seal of the City of Alexandria, Virginia.

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

PATRICIA S. TICER
Mayor

Introduction: 11/9/93
First Reading: 11/9/93
Publication: 11/10/93; 11/11/93; 11/12/93
Public Hearing: 11/13/93
Second Reading: 11/13/93
Final Passage: 11/13/93

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR

37. SUP #2193-D - Public Hearing and Consideration of a request for a special use permit to construct storage buildings for the Saint Stephen's School property located at 1000 Saint Stephen's Road; zoned R-12, Residential. Applicant: St. Stephen's and St. Agnes Schools, by Patti Woods.

COMMISSION ACTION: Recommend Deferral 6-0
Reason: To allow time to resolve issues with staff.

38. MASTER PLAN AMENDMENT #93-006 - Public Hearing and Consideration of a request to amend the King Street/Eisenhower Avenue Small Area Plan chapter of the 1992 Master Plan by increasing the heights and density permitted within the Eisenhower Avenue CDD #2. (Tax Map Nos. 72.00 03 01-03, 06-11, 13-15; 72.00 04 01-06, 08 09; 78.00 01 01,03,04-06). Applicant: Hubert N. Hoffman, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Deferred 6-0

39. REZONING #93-010 -- TEXT AMENDMENT #93-037 - Public Hearing and Consideration of a request to approve a zoning amendment to allow increased heights and densities within the Eisenhower Avenue CDD by amending section 5-602(A) for CDD #21 Eisenhower Avenue. (Tax Map Nos. 72.00 03 01-03, 06-11, 13-15; 72.00 04 01-06, 08, 09; 78.00 01 01,03,04-06). Applicant: Hubert N. Hoffman, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Deferral 6-0







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40. MASTER PLAN AMENDMENT #92-005 - Public Hearing and Consideration of a request to amend the King Street/Eisenhower Avenue Small Area Plan chapter of the 1992 Master Plan by increasing heights permitted without a CDD special use permit within the Cameron Center CDD #3. Applicant: Lehigh Portland Cement Company, by Simpson Development Company, Inc., Donald F. Simpson.

COMMISSION ACTION: Withdrawn by Staff

41. TA #93-038 - Public Hearing and Consideration of an amendment to section 4-306(B) (Commercial Service Low Zone, Bulk Regulations, Floor Area Ratio) of the zoning ordinance to increase permitted floor area ratios for small parcels. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Deferred by Staff

42. SUP #1661-D - Public Hearing and Consideration of a request for a special use permit to amend the hours of operation of the restaurant known as the Snuggery Cafe located at 2000 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Chanel, Inc., t/a The Snuggery, by Robert Test, attorney.

COMMISSION ACTION: Deferred by Staff.
Reason: Applicant failed to send legal notices.

43. SUP #2431-J - Public Hearing and Consideration of a review of a special use permit for the restaurant with outdoor seating known as the Del Ray Cafe located at 1603 Commonwealth Avenue; zoned CL, Commercial Low. Applicant: Bruce Betzel/Del Ray Cafe, Inc.

COMMISSION ACTION: Deferred by Staff.
Reason: Improper notice to adjoining owners.

44. SUP #2736 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out service located at 4116 Wheeler Avenue; zoned I, Industrial. Applicant: Logan Food Company, Inc., by Clifford R. Logan, Jr.

COMMISSION ACTION: Deferred by Staff.
Reason: Applicant failed to send legal notices.

45. SUP #2737 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out service (coffeehouse) located at 401 East Braddock Road; zoned CSL, Commercial Service Low. Applicant: Michael Elmendorf.

COMMISSION ACTION: Applicant requests deferral.
Reason: To work out parking issues with staff.

46. SUP #2738 - Public Hearing and Consideration of a request for a special use permit to construct a 198 parking lot to provide additional parking for employees in the existing Hoffman Buildings. The parking spaces are non-required spaces under the 1993 Zoning Ordinance. Applicant: Hoffman Building Partnership, C.P. by Michael J. Perine, attorney.

COMMISSION ACTION: Recommend deferral 6-0
Reason: Applicant requests deferral.







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47. SUP #2739 - Public Hearing and Consideration of a request for a special use permit to increase the floor area of the property located at 1123 King Street; zoned CD Commercial Downtown. Applicant: Robert Bentley Adams, architect.

COMMISSION ACTION: Deferred by Staff.
Reason: Incomplete application- -Applicant must submit site plan.

48. ENCROACHMENT #93-010 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for bay windows for the property located at 1123 King Street; zoned CD, Commercial Downtown. Applicant: Robert Bentley Adams, architect.

COMMISSION ACTION: Deferred by Staff.
Reason: Incomplete application- -Applicant must submit site plan.

49. SUP #2745 - Public Hearing and Consideration of a request for a special use permit for the installation of storage trailers on the property located at 4105 Duke Street; zoned CC, Community Commercial. 4105 Duke Street; zoned CC, Community Commercial. Applicant: Northern Virginia Law School, by Alfred Avins.

COMMISSION ACTION: Deferred by Staff
Reason: Applicant failed to send legal notices.

50. ENCROACHMENT #93-009 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for awnings for the property located at 501-507 King Street and 104-110 North Pitt Street; zoned CD, Commercial Downtown. Applicant: Bankers Square Associates, by Donald F. Simpson.

COMMISSION ACTION: Recommend withdrawal 6-0
Reason: Applicant requests withdrawal.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

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

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







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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried unanimously, at 5:35 p.m., the Public Hearing Meeting of Saturday, November 13, 1993, was adjourned. The voting was as follows:

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



APPROVED BY:

_____________________________
PATRICIA S. TICER MAYOR


ATTEST:

______________________________
Beverly J. Jett, CMC City Clerk







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This docket is subject to change.

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