Public Hearing Meeting
Saturday, January 21, 1995 - - 9:30 am
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Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William C. Cleveland, William D. Euille, Redella S. Pepper, and Lois L. Walker.
Absent: Council Member Lonnie C. Rich.
Also Present: Mrs. Lawson, City Manager; Mr. Pessoa, Assistant City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Gitajn, Director of Financial and Information Services; Mr. Lynn, Director of Planning and Zoning; Mrs. Godwin, Director of Management and Budget; Ms. Federico, Director of Office of Historic Alexandria; Ms. Cressey, City Archaeologist; Ms. Barton, Travel Promotion Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Ms. Johnson, Division Chief, Planning and Zoning; and Lieutenant Crawford, 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 except for Council Member Rich.
(a) Robert Ensinger, 1103 Russell Road, representing Teaching Our Youth, Inc. (TOY), briefed Council on this non-profit, volunteer-motiviated organization which focuses on issues confronting at-risk youth in Alexandria and Washington and supplementing their education. He indicated that they are looking to expand through additional resources and volunteers. Its mission is to provide positive role models for these kids who may not have them.
Mayor Ticer suggested that they forge an alliance with the Alexandria Volunteer Bureau and with our new Superintendent of Schools.
Councilman Euille spoke to this issue.
(Copies of informational material pertaining to TOY, Inc., is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 2 (a); 1/21/95, and is incorporated herewith as part of this record by reference.)
(b) John Chapman Gager spoke during this period.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3 - 10)
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item Nos. 3 and 4 from the Action Consent Calendar, and added Docket Item No. 12 to the Action Consent Calendar.
5. SUP #94-0367 -- 5101 SEMINARY ROAD - Public Hearing and Consideration of a review of a special use permit for a dry cleaning facility; zoned CG/Commercial General. Applicant: Chung K. Lim and Kyu L. Lim.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 1/21/95, and is incorporated herewith as part of this record by reference.)
6. SUP #94-0368 -- 16 ANCELL STREET - Public Hearing and Consideration of a review of a special use permit for a child care home; zoned RA/Residential. Applicant: Lucy M. Carr.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/21/95, and is incorporated herewith as part of this record by reference.)
7. REZONING #94-0006 -- 2000 DUKE STREET - Public Hearing and Consideration of a request for rezoning of the vacated right-of-way along Duke Street and Englehardt Lane adjacent to the Carlyle site from the UT/Utilities and Transportation zone to the CDD/Coordinated Development District zone. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/21/95, and is incorporated herewith as part of this record by reference.)
8. SUP #94-0370 -- 2100 MILL ROAD - Public Hearing and Consideration of a review of a special use permit for a sign; zoned CO/Commercial Office. Applicant: Oliver Carr Company, by Patrick J. Gallagher.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/21/95, and is incorporated herewith as part of this record by reference.)
9. SUP #94-0375 -- 321 SOUTH ALFRED STREET - Public Hearing and Consideration of a request for a special use permit for a child care home; zoned RM/Residential. Applicant: Rosetta V. Fuller.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 1/21/95, and is incorporated herewith as part of this record by reference.)
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10. SUP #94-0357 -- 1217 FIRST STREET - Public Hearing and Consideration of a request for a special use permit for general automobile repair; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Alexandria Auto Repair, by Mohammad A. Sattar.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 1/21/95, and is incorporated herewith as part of this record by reference.
A copy of Mr. Lynn's letter dated January 18, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 1/21/95, and is incorporated herewith as part of this record by reference.)
12. SUP #94-0355 -- 1400 NORTH ROYAL STREET - Consideration of a request for a special use permit for a portable recycling facility; zoned UT/Utilities and Transportation. Applicant: Potomac Electric Power Company, by Duncan W. Blair, attorney. (#13 12/17/94) [THIS IS NOT A PUBLIC HEARING ITEM. ]
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/21/95, and is incorporated herewith as part of this record by reference.
A copy of Mr. Blair's letter dated January 19, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 1/21/95, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously by all those present, City Council approved the Action Consent Calendar with the exception of Docket Item Nos. 3 and 4 which were considered together under a separate motion, and deferred Docket Item No. 12 to February 14, 1995. The City Manager's 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.
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.
8. 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 recommendation of the Planning Commissionand approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
10. (General Discussion. Councilwoman Pepper asked questions of Transportation and Environmental services Director O'Kane about potholes and street conditions near this site. He will look into it.)
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City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and to amend Condition #2 and add Conditions #18 and #19.
12. City Council deferred this item until the Legislative Meeting on February 14, 1995.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Rich absent
Walker "aye"
N NOTE: DOCKET ITEM NOS. 3 AND 4 WERE CONSIDERED TOGETHER AND ONE MOTION WAS MADE FOR BOTH ITEMS.
3. REZONING #94-005 - 91 SOUTH EARLY STREET; 3681 WHEELER AVENUE - Public Hearing and Consideration of a request to remove proffers from the properties to permit development and use in accordance with the CSL/Commercial Service Low zone. Applicant: Early Street Properties, LLC, by Simpson Development Company, Donald F. Simpson, Sr.
COMMISSION ACTION: Recommend Approval 7-0. NOTE: NEW HEARING BECAUSE OF IMPROPER NOTICE.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 1/21/95, and is incorporated herewith as part of this record by reference.)
4. SUP #94-0308 - 91 SOUTH EARLY STREET; 3681 WHEELER AVENUE - Public Hearing and Consideration of a request for a special use permit, with development plan, to construct a residential townhouse cluster with tandem parking; zoned CSL/Commercial Service Low. Applicant: Early Street Properties, LLC, by Simpson Development Company, Donald F. Simpson, Sr.
COMMISSION ACTION: Recommend Approval 7-0. NOTE: NEW HEARING BECAUSE OF IMPROPER NOTICE.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/21/95, and is incorporated herewith as part of this record by reference.
A copy of Mr. Freeman's letter dated January 17, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 3 and 4; 1/21/95, and is incorporated herewith as part of this record by reference.
A copy of Mr. Simpson's letter dated January 18, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 3 and 4; 1/21/95, and is incorporated herewith as part of this record by reference.
A copy of Mr. Carlson's letter dated January 11, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item Nos. 3 and 4; 1/21/95, and is incorporated herewith as part of this record by reference.)
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(The following persons participated in the public hearing on these items:
Donald F. Simpson, 608 West Braddock Road, representing Simpson Development Co., Inc., spoke in support of these items and to his letter to Mr. and Mrs. Carlson; and
Robert W. Carlson, 55 Cockrell Avenue, indicated that he preferred that townhouse #31 not be built.
General Discussion. Councilwoman Pepper expressed that condition #35 gives Mr. Carlson a good amount of protection with respect to screening. She requested that staff monitor this as the construction process proceeds.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously by all those present, City Council approved the Planning Commission's recommendations for Item Nos. 3 and 4 as follows:
3. City Council approved the request as previously approved in December as follows: City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
4. City Council approved the request as previously approved in December as follows: City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the amendment to condition #24 and the addition of condition(s) #33, #34 and #35, and City Council added a condition #36, "The developer shall disclose in his sales documents that it is clear that people have the right to take their trucks from Wheeler Avenue as far as the existing industrial development on South Early Street." The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
11. Public Hearing and Consideration of Intermodal Surface Transportation Efficiency Act (ISTEA) Resolution for Fort Ward Museum and Historic Site. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated January 11, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/21/95, and is incorporated herewith as part of this record by reference.
Material pertaining to this item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 11; 1/21/95, 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 Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council held the public hearing and endorsed participation in this grant application by adopting the Resolution. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"
The resolution reads as follows:
WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation program may fund an enhancement project in the City of Alexandria, Virginia;
NOW, THEREFORE, BE IT RESOLVED that the City of Alexandria requests the Commonwealth Transportation Board to establish a project for linking Civil War sites in Virginia through an extensive statewide signage campaign, supported by brochures, entitled "Virginia's Civil War Trails";
BE IT FURTHER RESOLVED that the City of Alexandria agrees to pay 20 percent of the total cost for signs and brochures for Fort Ward Museum and Historic Site. This project is part of a grant application prepared by the Metro Richmond Convention and Visitors Bureau.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
13. SUP #94-0362 -- 1623 NORTH QUAKER LANE - Public Hearing and Consideration of a request . for a special use permit for storage trailers; zoned CL/Commercial Low. Applicant: Presto Valet of Virginia, Inc., by Richard L. Gritz.
COMMISSION ACTION: Recommend Approval 5-2.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/21/95, and is incorporated herewith as part of this record by reference.
A copy of a letter from Mr. Gritz dated January 10, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 1/21/95, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Richard L. Gritz, 1623 Quaker Lane, applicant, answered questions directed to him by City Council.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission and 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" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"
14. SUP #94-0376 -- 66 CANAL CENTER PLAZA - Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned W-1/Waterfront Mixed Use. Applicant: Yong Kang and Hyang Kang, t/a Tokyo Japan, Inc.
COMMISSION ACTION: Recommend Approval 5-2.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 1/21/95, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, was available to answer questions; and
Stephen Henley, 117 Montgomery Place, spoke in support.)
WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission and 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" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"
15. SUP #94-0363 -- 1603 COMMONWEALTH AVENUE - Public Hearing and Consideration of a review of a special use permit for a full-service restaurant with outdoor seating and reduced parking; zoned CL/Commercial Low. Applicant: Bruce Betzel/Del Ray Cafe, Inc.
COMMISSION ACTION: Recommend Approval 5-2.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 1/21/95, 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 Vice Mayor Donley, seconded simultaneously by Councilmen Cleveland and Euille, and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, maintaining Condition #23 as recommended by staff. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Pepper "aye"
Euille "aye" Rich absent
Walker "aye"
16. SUP #94-0372 -- 3021 COLVIN STREET - Public Hearing and Consideration of a request for a special use permit for an automobile repair garage with reduction in required parking; zoned I/Industrial. Applicant: Xi Van Dinh, t/a Dina and Siam Auto Service, by Stephen Bamberger, attorney.
COMMISSION ACTION: Recommend Denial 7-0.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 1/21/95, and is incorporated herewith as part of this record by reference.
A copy of Mr. Bamberger's letter dated January 19, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 1/21/95, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Stephen Bamberger 15710 Beacon Court, attorney representing the applicant, requested that this item be deferred and responded to questions asked by Councilwoman Pepper;
John O'Rourke, 3025 Colvin Street, spoke against the approval of the special use permit;
Samuel DelBrocco, 814 Vassar Road, spoke in favor of denial of the special use permit; and
Robert W. Sprague, 1250 Quaker Hill Drive, spoke in favor of denial of the special use permit.
General Discussion. Members of City Council participated in the discussion.)
Councilman Euille stated that he was going to abstain from voting on this issue, not because he will not support the Vice Mayor's motion, but because he is sort of in a conflict situation. He stated that he leases property directly across the street from this proposed business for his business. Councilman Euille indicated that he is too close for comfort and it also violates his desire to continue to support and maintain economic development and small business development in our City. He indicated that this is a small business, and he felt that he needed to abstain.
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a vote of 5-to-0-to-1, City Council approved the recommendation of the Planning Commission and denied the application. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "abstain"
Ticer "aye" Rich absent
Walker "aye"
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17. SUP #94-0374 -- 1900 DUKE STREET - Public Hearing and Consideration of a request for a special use permit amendment for the Carlyle development to (1) revise general special use permit conditions, (2) revise the approved design guidelines for Block B, (3) convert space approved for retail use on Block B to office use, (4) increase the height of penthouses allowed on the Carlyle tract above 15 feet, with design board review, (5) incorporate a portion of vacated City right-of-way into the boundaries of the CO special use permit; zoned CDD/Coordinated Development District. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/21/95, and is incorporated herewith as part of this record by reference.
A copy of the amended conditions suggested by Mr. Brenman, together with a copy of Mr. Mitchell's letter dated January 20, 1995, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 17; 1/21/95, and is incorporated herewith as part of this record by reference.
A copy of the verbatim transcript for this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 17; 1/21/95, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Jonathan Rak, 510 King Street, attorney representing the applicant, spoke in support of the application, with a request to propose a compromise that 3850 square feet of floor area, which is the area that would have been the retail space required within this building be debited against the retail development rights in Carlyle, but that it be permitted to be used for office purposes in this case. He stated that he thought this compromise would avoid setting any precedent for changing the development rights in Carlyle, but would address the needs of both Time Life and Carlyle Development Corporation. He indicated that it would not increase the overall density or square footage that were previously approved by the Council, and that it would only increase the potential amount of floor area that could possibly be used for office space in Carlyle by one-tenth of one percent of the total office space permitted in Carlyle.
General Discussion. Members of Council directed questions to Mr. Rak.
Mr. Rak stated unequivocally that they do not intend this request to be a precedent for conversion of retail in the future.
Ben Brenman, 4600 Duke Street, #1609, representing the Alexandria Archaeological Commission, spoke in support of this special use permit with modifications; a copy of his suggested modifications is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item.
City Archaeologist Cressey participated in the discussion of this item.)
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The following is a verbatim transcript of the discussion between the Director of Planning and Zoning Lynn and Ben Brenman with respect to Mr. Brenman's clarification of Item No. 1 which was submitted as a condition to this special use permit:
TICER: Sheldon and then back to Mr. Rak.
LYNN: Madam Mayor. As the official responsible for enforcing the sup requirements, the first proposal from Mr. Brenman, I'm afraid is a little vague and I think that it needs to be clarified. I understand what it means to put a plaque on the property, I don't understand what it means to incorporate the brewery site into the park, and I think we need a little clarification there so we know exactly what that means.
TICER: There he is.
BRENMAN: I believe that the staff's function is to contact the Carlyle people and decide what should go there, but I would like to see a plaque, a sign, something clever, intelligent, not expensive put there by the organization which clarifies what's underground. Possibly on the plaque would be a drawing, a sketch of what's there. I am not asking that it be dug up or reinforced in any way other than what is necessary for the road.
TICER: Right. I think it's safe to say he's not recommending that we build a new brewery there.
LYNN: Right.
BRENMAN: Although it might not be a bad idea.
LYNN: Well, again for clarity, I would recommend deleting the first clause and simply stating what Ben just said, that there be a plaque on the site. It's the words "incorporate the brewery site into the park" that are ambiguous.
BRENMAN: And, I recommend that it stays right where it is because it is important the way it is stated.
TICER: Well, we have on the record now the interpretation of the words and I would say we can probably, I understand what you are saying and it is, it could be expanded upon, but since we have reiterated the intent of the words into today's proceedings, I think it is probably relatively safe.
PEPPER: It might be helpful if that is explicit in the minutes of this so that people don't have to dig through tapes, that it would literally be there in the minutes and easy to locate.)
(Robert Harvey, representing Norfolk Southern Corporation, spoke to his Company's position on the archaeology research on this site and spoke to Mr. Brenman's suggested conditions.
Further Discussion. Members of City Council and City Archeologist Cressey, Planning and Zoning Director Lynn and Mr. Harvey participated in the discussion. After considerable discussion, Mr. Harvey agreed to put a plaque on the site.)
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WITHOUT OBJECTION, City Council deferred this item until the end of the meeting in order for all interested parties to go into the workroom to see if the issues regarding the language can be resolved. [PLEASE SEE PAGES 21 AND 22 OF THESE PROCEEDINGS FOR ACTION TAKEN ON ITEM NO. 17.]
18. SUP #94-0377 -- 1611 COMMONWEALTH AVENUE - Public Hearing and Consideration of a request for a special use permit for a commercial school for martial arts and a reduction in required parking; zoned CL/Commercial Low. Applicant: Won Jang, t/a OSA-Alexandria.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 1/21/95, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Paul VanEllon, 6109-C Arlington Boulevard, attorney representing the applicant, spoke in support of the special use permit with a suggested change to the wording of Condition #6 indicating that it is a "shared" responsibility.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, 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 to add Condition #6, which City Council amended to read as follows: "6. The applicant shall cooperate with other tenants to provide signage and lighting for the adjacent parking lot to the satisfaction of the Director of Transportation and Environmental Services." The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"
ORDINANCES AND RESOLUTIONS
19. Public Hearing. Second Reading and Final Passage of AN ORDINANCE providing for the regulation of activated car alarms. (#29 1/10/95) (Mayor Ticer) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 1/21/95, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"
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The ordinance finally passed reads as follows:
ORDINANCE NO. 3772
AN ORDINANCE to amend Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Chapter 8 (MOTOR VEHICLE ALARMS).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Chapter 8 to read as follows:
CHAPTER 8
Motor Vehicle Alarms
Sec. 10-8-1 Definitions.
The following terms, as used in this chapter, shall have the meanings set forth below:
(a) "Chief of police" shall mean the Chief of the Alexandria Police Department or his designee.
(b) "False alarm" shall mean the actuation of a motor vehicle alarm which is not in response to the actual or threatened unauthorized use, entry into, or removal of parts or contents from a motor vehicle, including the negligent, accidental or inadvertent actuation of an alarm, which is the result of faulty, malfunctioning or improperly installed or maintained equipment, or an actuation which is the result of unusual or severe weather conditions.
(c) "Motor vehicle alarm" shall mean any bell, horn, siren, voice simulation or other sound emitted from a motor vehicle, singly, sequentially or in combination, which is actuated with the design, purpose or intent of warning of or against, or discouraging, the unauthorized use of, entry into, or removal of parts or contents from a motor vehicle.
(d) "Motor vehicle" shall mean a motor vehicle as defined in section 46.2-100 of the Virginia Code, as such section may be amended from time to time.
(e) "Owner" shall mean the person or entity to whom a motor vehicle is registered by the appropriate state department of motor vehicles, or equivalent agency.
Sec. 10-8-2 Nuisance motor vehicle alarms prohibited.
(a) A motor vehicle alarm actuated in violation of this section is declared to be a public nuisance, and is prohibited.
(b) No motor vehicle alarm, once actuated, shall continue to emit sound for a period of more than one hour.
(c) No motor vehicle alarm shall give off repeated false alarms. The actuation of a motor vehicle alarm, more frequently than twice in any one-hour period, or more frequently than four times in any 24-hour period, shall be presumed to violate this subsection, and the burden shall be on the owner to prove that the repeated actuations of the alarm were not false alarms.
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Sec. 10-8-3 Abatement of nuisance alarms.
(a) The chief of police is hereby authorized to remove or cause to be removed any motor vehicle, the alarm of which is or has been actuated in violation of section 10-8-2, from public or private property, and to transport same to the city impoundment yard or another impoundment facility.
(b) Prior to the removal of a motor vehicle pursuant to subsection (a) , the chief, utilizing such public records as may readily be available for the purpose, shall attempt to notify the owner of the motor vehicle of the violation of this chapter and of the anticipated removal of the vehicle, and shall, if such attempt is successful, afford the owner a reasonable opportunity, not to exceed one hour from the time the chief first determines that a violation has occurred, to abate the violation. No such attempt to notify and no such opportunity to abate shall be required in the case of a motor vehicle, the alarm of which is or has been actuated in violation of § 10-8-2 on three or more occasions in any 24-hour period.
(c) The actual cost of removal by the chief, and any accumulated storage and administrative charges as established by the department of transportation and environmental services, shall be paid to the city prior to the release of any motor vehicle removed to any impoundment facility under the authority of this chapter.
(d) Abatement of the nuisance as provided in this section shall be the sole remedy for the violation of this chapter.
Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 1/10/95
First Reading: 1/10/95
Publication: 1/11/95; 1/12/95
Public Hearing: 1/21/95
Second Reading: 1/21/95
Final Passage: 1/21/95
20. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to establish, and to define the powers and duties of, the Alexandria Archaeological Commission which to date has been created and governed by a resolution of the city council (Resolution No. 1279), rather than by ordinance. (#30 1/10/95) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated January 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 1/21/95, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.
It was noted that Ben Brenman, 4600 Duke Street, #1609, representing the Alexandria Archaeological Commission, was in support of this ordinance and wished to express the Commission's appreciation and thanks.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"
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The ordinance finally passed reads as follows:
ORDINANCE NO. 3773
AN ORDINANCE to amend Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS) of Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Article I (ALEXANDRIA ARCHAEOLOGICAL COMMISSION) .
WHEREAS, the Council of the City of Alexandria finds and determines that:
1. The Alexandria Archaeological Commission was established by Resolution No. 371, adopted by the city council on February 25, 1975, and modified by Resolution No. 1279 on November 24, 1987;
2. The City of Alexandria possesses a unique character and heritage that is desirable to preserve for this and future generations;
3. The City of Alexandria adopted ordinance No. 3413, The Archaeological Protection Code, on November 18, 1989;
4. The Alexandria Archaeological Commission was the first such commission established in the United States;
5. It is desirable to establish goals and priorities to promote archaeological programs, and to preserve, promote and display the extraordinary artifacts which have been and will be recovered in the future;
6. Archaeology has played a significant role in the City of Alexandria since 1961; and
7. The Alexandria Archaeology Commission encourages citizens to take active leadership roles in archaeology and to develop professionalism in volunteerism; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Chapter 4 of Title 2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Article I to read as follows:
ARTICLE I
Alexandria Archaeological Commission
Sec. 2-4-80 Creation, composition and organization.
(a) There is hereby established a standing commission known as the Alexandria Archaeological Commission.
(b) The commission shall consist of 15 members to be appointed by the city council. The composition of the commission shall be as follows:
(1) five members at large;
(2) one citizen member from each of the three planning districts;
(3) one member from the Alexandria Association;
(4) one member from the Alexandria Chamber of Commerce;
(5) one member from the Alexandria Convention and Visitors
Bureau Board of Directors;
(6) one member from the Alexandria Historical Society;
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(7) one member from the Alexandria Society for the Preservation of Black Heritage;
(8) one member from the Friends of Alexandria Archaeology; and
(9) one member from the Historic Alexandria Foundation.
(c) Members of the commission shall be appointed in the manner prescribed in title 2, chapter 4, article A of the city code; provided that members who are the representative of an organization shall be nominated by the organization and confirmed by city council. The members shall serve for a term of four years; provided, that the members of the commission in office as of January 21, 1995, shall continue to serve the unexpired portion of their term of office; and, provided further, that the members who are the representative of an organization shall cease to be a member at such time as they shall cease to be a member, in good standing, of the organization for which they serve as representative.
Sec. 2-4-81 Functions; powers; duties.
(a) The functions of the commission shall be as follows:
(1) to develop goals and priorities relating to the preservation and public interpretation of sites and resources which contribute to the history and heritage of Alexandria from the beginning of human settlement, as well as that of the Commonwealth of Virginia and the United States;
(2) to promote the archaeological programs of the city with local, state and federal governments, private foundations, the general public, and area schools and colleges;
(3) to disseminate archaeological and historical data for public information, city use, and preservation planning purposes;
(4) to protect archaeological sites and artifacts from neglect, desecration, damage and destruction, and to assure proper evaluation and study of such sites and artifacts;
(5) to promote the exhibitions and programs of the Alexandria Archaeology Museum;
(6) to plan, develop and recommend short; mid- and long-term archaeological plans and programs;
(7) to develop a site registry of all lands in the city, whether public or private, known or believed to be of significant archaeological value;
(8) to encourage financial contributions, volunteerism and leadership opportunities that supplement and complement the city's archaeology program and the Alexandria Archaeology staff in a manner consistent with its high professional integrity;
(9) to enhance the visibility of the City of Alexandria as a leader in archaeology throughout Virginia, the United States and the world;
(10) to encourage the integration of archaeological and historical information and site preservation into master plans and development efforts;
(11) to make recommendations to city council regarding additional activities involving Alexandria's archaeological program, including conservation and curation;
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(12) to coordinate and encourage the development of educational programs with local high schools and universities whereby students may receive credit by studying Alexandria through archaeological methods;
(13) to encourage owners of private lands which contain or may contain archaeological sites to seek advice from and work with Alexandria Archaeology prior to and during any development;
(14) to promote public awareness and participation in the preservation and study of archaeological sites and artifacts;
1 (15) to provide recommendations to individuals and communities on preservation of archaeological sites, resources and artifacts and on the formation of standards and guidelines;
(16) to support the staff of Alexandria Archaeology and its volunteers;
(17) to promote the use of the highest professional standards by Alexandria Archaeology staff in the collection, conservation and curation of the Alexandria Archaeology collection and associated records, maps, photographs and tapes; and
(18) to propose local ordinances and state statutes to promote the goals and aims set forth above.
(b) The commission is empowered to adopt rules and regulations in regard to procedure and other matters so long as the same are not inconsistent with the city code, and including, but not limited to, the establishment of committees through which to carry on its functions and purpose.
(c) The commission chair, vice-chair and secretary shall be elected annually by the commission members at the September meeting.
(d) The commission shall hold at least 10 regular meetings each year, and as many special meetings as the commission may deem advisable.
Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 1/10/95
First Reading: 1/10/95
Publication: 1/11/95; 1/12/95
Public Hearing: 1/21/95
Second Reading: 1/21/95
Final Passage: 1/21/95
21. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend section 2-134 of the Zoning Ordinance to change the reference to the department of planning and community development to the department of planning and zoning. (#31 1/10/95) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich absent
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3774
AN ORDINANCE to amend and reordain Section 2-134 (DIRECTOR) under Section 2-100 (DEFINITIONS) of the City of Alexandria Zoning ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 2-134 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Sec. 2-134 Director.
The director of planning and zoning unless otherwise indicated.
Section 2. That, in preparing the codification of this ordinance, the city attorney is directed to conform all references in the City of Alexandria Zoning Ordinance to the Director of Planning and Community Development, or to the Department of Planning and Community Development, to this ordinance.
Section 3. That Section 2-134 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning ordinance.
Section 4. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review, shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said ordinance.
Introduction: 1/10/95
First Reading: 1/10/95
Publication: 1/11/95; 1/12/95
Public Hearing: 1/21/95
Second Reading: 1/21/95
Final Passage: 1/21/95
22. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation of 1023 Queen Street from Residential Medium to Commercial Low. (#32 1/10/95) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
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WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Walker "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Rich absent
The ordinance finally passed reads as follows:
ORDINANCE NO. 3775
AN ORDINANCE to amend and reordain the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such small area plan chapter as Master Plan Amendment No. 93-003, and to repeal all provisions of the said small area plan chapter as may be inconsistent with such amendment.
WHEREAS, the Council of the City of Alexandria finds and determines that:
1. In Master Plan Amendment No. 93-003, an application has been made to amend the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan which changes the land use designation of the property at 1023 Queen Street from Residential Medium to Commercial Low.
2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.
3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the Land Use Plan Map of the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby is, amended to change the land use designation of the parcel at 1023 Queen Street, as shown on Exhibit A, attached hereto and incorporated herein fully by reference, from RM/Residential Medium to CL/Commercial Low.
Section 2. That the director of planning and zoning be, and he hereby is, directed to record the said Master Plan Map Amendment as part of the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia.
Section 3. That the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, as amended by this ordinance, be, and the same hereby is, reordained as part of the 1992 Master Plan of the City of Alexandria, Virginia.
Section 4. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.
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Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
Attachment: Master Plan Amendment Sketch Plan
Introduction: 1/10/95
First Reading: 1/10/95
Publication: 1/11/95; 1/12/95
Public Hearing: 1/21/95
Second Reading: 1/21/95
Final Passage: 1/21/95
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The subject property and surrounding land uses are shown on the sketch below:
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (23 - 25)
Planning Commission (continued)
23. SUP #94-0378 -- 446 CALVERT AVENUE - Public Hearing and Consideration of a request for a special use permit for automobile sales and detailing; zoned I/Industrial. Applicant: Alpine Enterprises/Fred Khoroushi.
COMMISSION ACTION: Noted the Deferral.
24. SUP #94-0345 -- 605-607 KING STREET - Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Slade's American Grill, by Cyril D. Calley, attorney.
COMMISSION ACTION: Noted the Request to Withdraw.
Reason: Applicant requested withdrawal.
25. SUP #94-0373 -- 4868 WEST BRADDOCK ROAD, UNIT #101 - Public Hearing and Consideration of a request for a special use permit for a child care home; zoned RA/Residential. Applicant: Iman Abdallah.
COMMISSION ACTION: Noted the Request to Withdraw.
Reason: Applicant requested withdrawal.
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council noted the deferral and withdrawals. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"
AT THIS POINT, City Council returned to the consideration of Docket Item No. 17. [NOTE: PLEASE SEE PAGES 9, 10, and 11 OF THESE PROCEEDINGS FOR PREVIOUS DISCUSSION ON THIS ITEM.]
17. SUP #94-0374 -- 1900 DUKE STREET - Public Hearing and Consideration of a request for a special use permit amendment for the Carlyle development to (1) revise general special use permit conditions, (2) revise the approved design guidelines for Block B, (3) convert space approved for retail use on Block B to office use, (4) increase the height of penthouses allowed on the Carlyle tract above 15 feet, with design board review, (5) incorporate a portion of vacated City right-of-way into the boundaries of the CO special use permit; zoned CDD/Coordinated Development District. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend Approval 7-0.
(General Discussion. Director of the Office of Historic Alexandria Federico addressed the compromise language.
Members of Council, Planning and Zoning Director Lynn, and City Manager Lawson participated in the discussion.
Councilwoman Pepper requested that the minutes show that [Council] will be considering each development and the retail requirements and that this is not meant to be a precedent-setting example.
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Vice Mayor Donley stated that he appreciated the Director of Planning and Zoning's concerns regarding that of a precedent. Vice Mayor Donley stated that he views this particular issue not really as a precedent, but more as a waiver. He indicated that what Council is really doing is recognizing the lack of a retail market, particularly in this area of town, and accommodating what we believe is and has been a major economic development project for the City, and that is an accommodation for Time Life to use the retail allocation in an office mode. He stated that he thinks this is an appropriate waiver and a small concession that this Council and this City can make in order to retain a firm such as Time Life in what is an increasingly competitive market for economic development, both within the region and from without the region.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, 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 to eliminate staff proposed Conditions #98 and #99 and to add new Condition #98, and City Council added two additional conditions to read as follows: "99. Incorporate the brewery site into the park to be developed at the corner of Duke and Dulany Streets and mark the site with a proper marker or plaque indicating it is a valued nineteenth century beer lager."; and "100. Call Alexandria Archaeology immediately (703-838-4399) if any buried structural remains (foundation walls, wells, privies, cisterns, etc.) or concentrations of artifact's are discovered during construction activities. A City archaeologist will visit the site without delay to evaluate its significance and record the presence of the archaeological remains. The archaeologist may also collect a sample of the artifacts from the site for further study in the laboratory. This will not result in construction delay or the expenditure of any funds beyond those additional funds already committed in the October 1993 agreement. (See attached January 20, 1994 letter from Wiley Mitchell.)"; and added a further amendment that "the 3850 square feet designated to be retail space be allowed for office use relating to the occupancy of Time Life, Inc. it would have no increase in the overall square footage of the project." The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich absent
Walker "aye"
New Business Item No. 1: Councilman Cleveland announced that he will be unable to attend Tuesday's Regular Meeting of City Council due to his protection detail for the President during his State of the Union Address.
New Business Item No. 2: School Board Chairman Digilio introduced Dr. Herbert Berg, and his wife, Paula, who will be the City's new School Superintendent.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Donley, seconded simultaneously by Councilman Cleveland and Council Member Walker and carried unanimously by all those present, at 11:25 a.m., the Public Hearing Meeting of Saturday, January 21, 1995, was adjourned. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Rich absent
APPROVED BY:
_______________________________
PATRICIA S. TICER MAYOR
ATTEST:
________________________________
Beverly I. Jett, CMC, City Clerk
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This docket is subject to change.
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