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Office of the City Clerk
December 15, 1996

All Persons, Including Applicants, Wishing
to Speak Before City Council Must Fill Out
A Speaker's Form (Which May be Found in
the Rear of the Council Chamber) and Present
it to the City Clerk.

During the Lunch Break, City Council had
a Work Session with the General Assembly
Delegation in the Council Workroom.


Public Hearing Meeting
Saturday, December 14, 1996 - - 9:30 am


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OPENING

1. Calling the Roll.

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

2. Public Discussion Period.

(a) Robert L. Calhoun, 3204 Circle Hill Road, United Way Campaign Chair, gave a report on this year's very successful campaign.

(b) Katy Cannady, 24 East Linden Street, spoke against any changes to the election process for City Council Members.

(c) John Chapman Gager spoke during this period.
Council Action:_______________________________________________________________











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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-10)

Planning Commission

WITHOUT OBJECTION, City Council withdrew Docket Item Nos. 4 and 9 from the Consent Calendar and considered them under separate motion.

3. SPECIAL USE PERMIT #96-0150 -- 1711 MAPLE HILL PLACE -- MAPLE HILL TOWNHOUSES
Public Hearing and Consideration of a request for a special use permit to amend a cluster development plan to allow construction of an addition to one building and to clarify provisions for amendments within the Maple Hill Cluster; zoned R-8/Residential. Applicant: Judith and Stephen Baer.

4. SPECIAL USE PERMIT #96-0153 -- 1536 KENWOOD AVENUE -- FAIRLINGTON SHOPPING CENTER -- RAMPARTS RESTAURANT
5. SPECIAL USE PERMIT #96-0166 -- 2700 JEFFERSON DAVIS HIGHWAY -- AFGHAN RESTAURANT
Public Hearing and Consideration of a review of a special use permit for a restaurant with carry-out service, entertainment and off-street parking reduction; zoned I/Industrial. Applicant: Qasim Abbasi; Afghan Restaurant.

6. SPECIAL USE PERMIT #96-0169 -- 2383-2385 SOUTH DOVE STREET
COMMISSION ACTION: Recommend Approval 7-0

7. SPECIAL USE PERMIT #96-0170 -- 2500-3200 BUSINESS CENTER DRIVE -- ALEXANDRIA BUSINESS CENTER
Public Hearing and Consideration of a request for amendment to the approved Transition Special Use Permit (SUP #2289C) and Transportation Management Plan Special Use Permit (SUP #2288A) for the Alexandria Business Center by removing a vacant one-acre parcel at 20 Roth Street from the 28.88-acre site included in the approved plan; zoned CG/Commercial General. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 7-0


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

8. SPECIAL USE PERMIT #96-0171 -- 44 & 66 CANAL CENTER PLAZA -- TRANSPOTOMAC CANAL CENTER
Public Hearing and Consideration of a request for a special use permit to allow a variety of uses within the W-1/Waterfront Mixed Use zone. Applicant: Waterfront One Corporation and Waterfront Two Corporation, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

9. SPECIAL USE PERMIT #96-0167 -- 5800 EDSALL ROAD -- KLINE INFINITI
COMMISSION ACTION: Recommend Approval 7-0 10. SPECIAL USE PERMIT #96-0168 -- 105 SOUTH UNION STREET -- SMOOTHIE'S JUICE & JAVA BAR
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Snow Advertising, Inc., by Richard E. Snow.

COMMISSION ACTION: Recommend Approval 7-0

END OF ACTION CONSENT CALENDAR

City Council approved the Consent Calendar as presented with the exception of Item Nos. 4 and 9 which were considered under separate motions. The Planning Commission recommendations are as follows:

3. 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. Councilman Euille expressed concern about the parking problem raised in a letter dated December 12, to Council from the merchants of the Fairlington Centre. He directed questions to Transportation and Environmental Services Director O'Kane.

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 a request that staff convene a meeting with the owners of Fairlington Centre, the tenants, and the applicant in an effort to mutually resolve any concerns about parking. (Separate Motion)

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.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

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. Councilman Speck directed questions to Planning and Zoning Deputy Director Ross concerning the applicant's failure to comply with a series of requirements that were part of the special use permit.

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

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

END OF CONSENT CALENDAR
Council Action:_______________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

11. Public Hearing on and Consideration of the Queen/Lee Street Parking Lot. (#13 12/10/96)

Councilman Speck requested staff to make sure to identify all of the parking that will be available while this site is under construction, and to advertise and to provide proper signage so that we are not discouraging people from being consumers in this area because they think it is difficult to park. He wanted to insure that there is a way for both the businesses and neighbors to be able to address problems that are going on all of the time. He requested from the developer a genuine twenty-four hour a day point of contact for any problems that are occurring during construction, and not an answering machine, but a real person who can address problems that are going on at the site at all times.

Council Member Walker requested, due to the multiple construction projects that will be going on at approximately the same time, that someone in the City be an ombudsman for residents during the period of this construction.


REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

11. (continued)
City Council (a) approved the concept of the City's participation in this project; (b) authorized the City Manager and the City Attorney to negotiate contract documents that implement the project; and (c) submit these documents for Council approval in early 1997; and included the changes listed in the joint memorandum dated December 12, 1996, from the City Manager and City Attorney.
Council Action:_______________________________________________________________

12. (a) Public Hearing on and Consideration of the 1997 City of Alexandria Legislative Package. (#14 11/12/96)

(b) Public Hearing on and Consideration of the Report of the City Manager's Ad Hoc Task Force on Stalking/Domestic Violence Issues Related to the Murder of Karen Mitsoff. (#14 10/8/96; #14 6/25/96)

NOTE: After hearing all of the speakers on the same sex marriage proposal, City Council took the following action and then resumed with the public hearing on the legislative items and the Karen Mitsoff report.

City Council voted on the four-part substitute motion as follows:

City Council agreed to include the following items in the Legislative Package:

(1) to amend hate crime statutes to include "sexual orientation" within their coverage and prohibition [carryover HB 234]; (6-1, with Councilman Cleveland voting no)

(2) to amend state statutes that prohibit discrimination in employment, housing, and on the basis of disabilities, to include "sexual orientation" within their coverage and protection; (6-1, with Councilman Cleveland voting no)

(3) to amend the state insurance code that restricts the provision of health insurance* to the spouses and dependents of employees, so that employers are free to identify the employee-partner relationships they wish to cover through their health insurance programs, and so that insurers are able to provide the coverage so identified by employers, *those policies would be such traditional insurance policies, HMO's, PPO's, and the like; (7-0) and,

(4) to support carryover HB 1468 relating to sexual acts between consenting adults in private for non-commercial purposes. (7-0)

At this point, City Council continued with the public hearing on the remaining elements of the Legislative Package.

With respect to transportation funding for Seminary Road HOV Access, Council Member Walker requested Transportation and Environmental Services Director O'Kane to provide Council with a memorandum about what the process is concerning this issue.

Vice Mayor Pepper suggested that this item be reworded.


REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

12. (continued)
Transportation and Environmental Services Director O'Kane suggested the language could read: "A traffic analysis and preliminary engineering."

Mayor Donley stated for the record that it is the intent of Council to work with the affected civic associations should the project be funded and should any particular analysis be performed.

Mayor Donley requested Legislative Director Caton to try to give Council some flavor for what has been discussed concerning Campaign Finance Reform, and potentially if there are any carryover bills pertaining to this issue, the Council can take it up once it gets a report from Mr. Caton.

The Public Hearing was concluded on the Legislative Package at 1:25 p.m. and at this time, the City Council recessed for lunch and held a work session with the State Legislative Delegation.

At 2:55 p.m., the meeting was reconvened and the following transpired:

Legislative Director Caton gave a summary of the items that the City Council and the State Legislative Delegation discussed that were on the work session agenda.

City Council adopted the items that were summarized by Mr. Caton as part of this year's Legislative Package in terms of not only the bills that would be introduced by our Legislative Delegation, but the formal positions that we would take on a number of pieces of legislation.
Council Action:_______________________________________________________________

13. Consideration of Approval of a Five-Year License Agreement with the Potomac Riverboat Company to Berth the Cherry Blossom at the City Marina. (#20 12/10/96)

This Item Has Been Deferred to January.

WITHOUT OBJECTION, City Council noted the deferral to January.
Council Action:___________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review

14. CASE BAR #96-0026
Public Hearing on and Consideration of an Appeal of a Decision of the Board of Architectural Review, Old and Historic Alexandria District, on November 6, 1996, denying a certificate of appropriateness for approval of an ATM to be installed at 118 King Street. Applicant and Appellant: Bank of Alexandria by Richard Wieboldt, Architect.

BOARD ACTION: Denied 7-0

Vice Mayor Pepper requested staff to come back with some kind of policy for Council to discuss, either as a work session topic or as a Council docket item, but in some way get back to Council with alternatives for addressing the issue of ATMs or electronic conveniences.

City Council affirmed the decision of the BAR and denied the appeal.
Council Action:_______________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

15. TEXT AMENDMENT #96-14 -- MOTOR VEHICLE PARKING AND STORAGE
COMMISSION ACTION: Recommend Approval 5-0

Mayor Donley requested that the staff continue to work with First Baptist Church regarding the Chesapeake Bay waiver.

City Council approved the text amendment, with a suggestion that when the item comes back to Council in the form of an ordinance that language be added to identify that the first amendment elements, basically the practice of religion, are not to be controlled in consideration of a parking lot, and more specifically, hours of operations, religious practices or rituals, so that it is clear in its intent that this particular item is to control or to regulate parking and not necessarily religious practices.
Council Action:_______________________________________________________________








REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

16. SPECIAL USE PERMIT #96-0145 -- 615 NORTH SAINT ASAPH STREET -- PORTNER'S LANDING (RED CROSS SITE)
Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of townhomes and condominiums. A special use permit is requested to allow an increase in floor area ratio (FAR), multi-family development, outlot development, more than eight townhouses in a row, tandem and compact parking and a sales trailer. Modifications to rear yards and vision clearance are requested; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Madison Homes, Inc., by Harry P. Hart, attorney.
City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended conditions #4, #8, #38, #39, #41, #47 and #50, and the added condition #58, with the amended conditions as submitted by Mr. Calley for conditions #24, #7, #2, and the deletion of #44, and noting that there will be sprinklers and brick sidewalks, as well as including the change to condition #13.F, submitted by the Planning and Zoning Director in his memorandum dated December 13, 1996, and requested that the Old Town North Civic Association and Urban Design Committee also be consulted, and deleted condition #5.
Council Action:_______________________________________________________________

17. ENCROACHMENT #96-0006 -- 615 NORTH SAINT ASAPH STREET -- PORTNER'S LANDING (RED CROSS SITE)
Public Hearing and Consideration of a request for encroachment into the public sidewalk rights-of-way at four locations to allow entry canopies and bay windows on multi-family buildings; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Madison Homes, Inc., by Harry P. Hart, attorney. COMMISSION ACTION: Recommend Approval 7-0

City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
Council Action:_______________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

18. SPECIAL USE PERMIT #96-0172 -- 605-607 KING STREET -- VIRGINIA BEVERAGE COMPANY RESTAURANT
Public Hearing and Consideration of a request for an amendment to a special use permit for a restaurant to allow (1) additional bar stools, (2) an additional number of patrons allowed to receive alcoholic beverage service while standing, and (3) four special events per year, with live entertainment and extended hours of operation; zoned CD/Commercial Downtown. Applicant: The Virginia Beverage Company, LP, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Denial (Proposals #1 & #2) 7-0
Recommend Approval (Proposal #3) 7-0

Council Member Rich requested staff to look at the broader question of how many other restaurants could potentially come in with similar requests and what would be the impact if we were to grant several of these in Old Town.

City Council overturned the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, converting the booth seats to 8 [bar stools], leaving the standing patrons at 12, and approved the Planning Commission recommendation allowing four special events per year, with live entertainment and extended hours of operation.
Council Action:_______________________________________________________________

19. STUDY #96-03 -- OLD TOWN OPEN SPACE
COMMISSION ACTION: Recommend No Change (Proposal #1) 5-2
Recommend No Change (Proposal #2) 4-3

City Council upheld the Planning Commission recommendation on Proposal #1, and overturned the Planning Commission recommendation on Proposal #2, and go forward with a text amendment.
Council Action:_______________________________________________________________

20. SPECIAL USE PERMIT #96-0119 -- 1517 MOUNT VERNON AVENUE -- PAPA JOHN'S PIZZA
Public Hearing and Consideration of a request for a special use permit to operate a full-service restaurant (with seats) with carry-out and delivery service; zoned CL/Commercial Low. Applicant: John Van Lenten; Papa John's.

City Council upheld the recommendation of the Planning Commission and denied the request.
Council Action:_______________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

NOTE: City Council considered Docket Item Nos. 21, 22, and 23 under on motion.

21. MASTER PLAN AMENDMENT #96-0007 -- 3800-3804 JEFFERSON DAVIS HIGHWAY -- ALEXANDRIA TOYOTA
Public Hearing and Consideration of an amendment to the Potomac West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property to allow an automobile dealership in the CDD #7/Coordinated Development District, Route 1 Properties. Applicant: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 5-0-2

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

22. REZONING #96-0009 -- TEXT AMENDMENT #96-0018 -- 3800-3804 JEFFERSON DAVIS HIGHWAY -- ALEXANDRIA TOYOTA
Public Hearing and Consideration of an amendment to the Potomac West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property to allow an automobile dealership in the CDD #7/Coordinated Development District, Route 1 Properties. Applicant: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 5-0-2

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

23. SPECIAL USE PERMIT #96-0161 -- 3800-3804 JEFFERSON DAVIS HIGHWAY -- ALEXANDRIA TOYOTA
Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of an automobile sales and service facility; zoned CDD-#7/Coordinated Development District, Route 1 Properties. Applicant: Alexandria Toyota, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0

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 the changes to conditions #3 and #28.
Council Action:_______________________________________________________________

New Business Item #1: Cyril D. Calley and Harry P. Hart donated to the City a metal tripod for presentations during Council meetings.




REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

24. ENCROACHMENT #96-0007 -- 3321 OLD DOMINION BOULEVARD
City Council approved the recommendation of the Planning Commission and denied this request.
Council Action:_______________________________________________________________

ORDINANCES AND RESOLUTIONS

25. VACATION #96-0004 -- 310 PRINCESS STREET -- PRINCESS STREET TOWNHOUSES
Receipt of Viewers' Report on Vacation of a Public Easement; zoned RM/Residential. Applicant: Fairfax Land Company, by Richard S. Mendelson, attorney. (#22 12/10/96)

City Council received the Viewers' Report.
Council Action:_______________________________________________________________

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a public alley right-of-way located between North Fairfax and North Royal Streets and running in a southern direction approximately 83 feet in length from Princess Street, in the City of Alexandria. (#23 12/10/96) [ROLL-CALL VOTE]

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3896
Council Action:_______________________________________________________________

27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria City Code by changing the name of John Tyler Building Election District to the Hermitage Building Election District. (#25 12/10/96) [ROLL-CALL VOTE]

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3897
Council Action:_______________________________________________________________

28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance by changing the regulation of fences in secondary front yards on corner properties. (#26 12/10/96) [ROLL-CALL VOTE]

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3898
Council Action:_______________________________________________________________


ORDINANCES AND RESOLUTIONS (continued)

29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Old Town Small Area Plan of the 1992 Master Plan for the City of Alexandria by changing the land use designation of the property at 310 and 310A South Columbus from RM/Residential to CD/Commercial Downtown. (#27 12/10/96) [ROLL-CALL VOTE]

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3899
Council Action:_______________________________________________________________

30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance by changing the zoning designation of the properties at 310 and 310A South Columbus Street from RM/Residential to CD/Commercial Downtown. (#28 12/10/96) [ROLL-CALL VOTE]

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3900
Council Action:_______________________________________________________________

31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance by providing for a new procedure for special exceptions to be issued by the board of zoning appeals. (#29 12/10/96) [ROLL-CALL VOTE]

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3901
Council Action:_______________________________________________________________

32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way, for an awning and outdoor seating, at 1508 Mount Vernon Avenue, in the City of Alexandria. (#30 12/10/96) [ROLL-CALL VOTE]

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3902
Council Action:_______________________________________________________________

33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make technical changes to Ordinance No. 3881, which vacated various rights-of-way located south of Duke Street and west of South Henry Street, to conform the vacated areas to the areas described in certain plats of vacation. (#31 12/10/96) [ROLL-CALL VOTE]

City Council finally passed the ordinance on its Second Reading.
ORD. NO. 3903
Council Action:_______________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL ACTION CONSENT CALENDAR (34 -39)

Planning Commission (continued)

34. SPECIAL USE PERMIT #96-0154 -- 602 SOUTH HENRY STREET
35. SPECIAL USE PERMIT #96-0087 -- 5300-5320 EISENHOWER AVENUE
COMMISSION ACTION: Deferred; Applicant's Request

36. MASTER PLAN AMENDMENT #96-0008 -- 1107, 1109, 1111 PRINCESS STREET -- HABITAT FOR HUMANITY
Public Hearing and Consideration of an amendment to the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property from CL/Commercial Low to RB/Residential. Applicant: Habitat for Humanity of Northern Virginia.

COMMISSION ACTION: Deferred; Improper Notice

37. REZONING #96-0011 -- 1107, 1109, 1111 PRINCESS STREET -- HABITAT FOR HUMANITY
Public Hearing and Consideration of an amendment to change the zoning designation of the subject property from CL/Commercial Low to RB/Residential. Applicant: Habitat for Humanity of Northern Virginia.

COMMISSION ACTION: Deferred; Improper Notice

38. SPECIAL USE PERMIT #96-0160 -- 310 NORTH FAIRFAX STREET -- FAIRFAX ROW TOWNHOUSES
Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a residential townhouse development. A special use permit is requested for outlot development and a temporary sales trailer. Modifications to open space and yards are requested; zoned CD/Commercial Downtown. Applicant: A & A Limited Partnership, by Duncan W. Blair, attorney.

COMMISSION ACTION: Deferred 6-1

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

39. SPECIAL USE PERMIT #96-0173 -- 1500 KING STREET, UNITS 104 & 105 -- TINY TOTS DAY CARE
Public Hearing and Consideration of a request for an amendment to a special use permit to increase the number of children permitted for a child care center; zoned OCH/Office Commercial High. Applicant: K & L, LLC, by Yvonne D. Weight, attorney.

COMMISSION ACTION: Deferred; Applicant's Request

END OF DEFERRAL/WITHDRAWAL ACTION CONSENT CALENDAR

City Council noted the deferrals.
Council Action:_______________________________________________________________

The Meeting was adjourned at 6:00 p.m.

This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council. Meeting materials are also available on-line at https://alexandriava.gov/council.
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