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Public Hearing Meeting
Saturday, September 13, 2003 - - 9:30 a.m.

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Present: Mayor William D. Euille, Vice Mayor Redella S.l Pepper, Members of Council Ludwig P. Gaines, Rob Krupicka, Andrew H. Macdonald, Paul C. Smedberg and Joyce Woodson.

Absent: None.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Assistant City Manager; Mr. Jinks, Assistant City Manager; Mr. Baier, Director of Transportation and Environmental Services; Mr. Mandley, Director of General Services; Ms. Fogarty, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Pinkney, Public Affairs Officer; Police Lieutenant Uzzell; Ms. Moore, Acting Deputy Director of Management and Budget; Ms. Whitmore, Director of Parks, Recreation and Cultural Activities; Ms. Beeton, Urban Planner; Mr. Delimba, General Services Division Chief; and Ms. Peterson, Urban Planner.

Recorded by: Ms. Jackie M. Henderson, City Clerk and Clerk of Council.
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OPENING

1. Calling the Roll.

The meeting was called to order by Mayor Euille and the City Clerk called the roll; all members of Council were present.

NEW BUSINESS ITEM NO. 1. Mayor Euille welcomed and reminded everyone of the City's first annual Arts Festival in Old Town in the King Street Corridor.

2. Public Discussion Period.

(a) George Foote, 910 Vicar Lane, spoke about the connection under Duke Street from the King Street Metro to the Carlyle Development, and he urged Council to do whatever is possible to see that the concourse is built as soon as possible. He also spoke to the livability of the development decisions that were made in East Eisenhower and there is also the prospect of that in West Eisenhower as well.

(b) Sarita Schotta, 104 Prince Street, spoke about the prospect of the planters and trees being removed for tourist buildings - on Fairfax Street for a one-story tourist building and the removal of the plants and trees for an open market structure.

(c) Jon Wilbur, 310 S. Lee Street, spoke about the rumor of removing trees from Market Square and replacing them with one-story office buildings.

(d) Krysta Jones, 6330 Stevensen Avenue, political action chair for the Alexandria branch of the NAACP, spoke about a project being implemented where it will establish and keep a scorecard on Councilmembers according to their votes on legislative priorities, housing issues, citizen public relations, educational appropriations, and issues of particular concern to the minority community.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3- 10)

Planning Commission

3. SPECIAL USE PERMIT #2003-0064
816 NORTH SAINT ASAPH ST
FITNESS STUDIO (A copy of the Planning Commission report dated September 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 9/13/03, and is incorporated as part of this record by reference.) 4. SPECIAL USE PERMIT #2003-0073
732 NORTH WASHINGTON STREET
CHILD DAY CARE/PRESCHOOL CENTER
Public Hearing and Consideration of a request for a special use permit to operate a child day care center; zoned CDX/Commercial Downtown Zone. Applicant: Flagstone Associates by Harry Hart, attorney.

COMMISSION ACTION: Recommended Approval 6-0

(A copy of the Planning Commission report dated September 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/13/03, and is incorporated as part of this record by reference.)

5. SPECIAL USE PERMIT #2003-0061
4911 BRENMAN PARK DR
CAMERON PERKS COFFEEHOUSE (A copy of the Planning Commission report dated September 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/13/03, and is incorporated as part of this record by reference.) 6. SPECIAL USE PERMIT #2003-0070
333 JOHN CARLYLE STREET
CAFE/DELI
Public Hearing and Consideration of a request to operate a cafe/deli; zoned CDD-1/Coordinated Development District. Applicant: Paul Park

COMMISSION ACTION: Recommended Approval 7-0

(A copy of the Planning Commission report dated September 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 9/13/03, and is incorporated as part of this record by reference.)

7. SPECIAL USE PERMIT #2003-0069
225 REINEKERS LANE
COFFEEHOUSE (A copy of the Planning Commission report dated September 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 9/13/03, and is incorporated as part of this record by reference.) 8. SPECIAL USE PERMIT #2003-0072
239 SWAMP FOX ROAD - HOFFMAN TOWN CENTER
COLD STONE CREAMERY - ICE CREAM STORE (A copy of the Planning Commission report dated September 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/13/03, and is incorporated as part of this record by reference.)

9. SPECIAL USE PERMIT #2003-0063
650 SOUTH PICKETT STREET
ANDOLLA, INC. RESTAURANT (A copy of the Planning Commission report dated September 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/13/03, and is incorporated as part of this record by reference.) 10. ENCROACHMENT #2003-0004
105 SOUTH FAIRFAX STREET
Public Hearing and Consideration of a request for encroachment into the public right-of-way for a new masonry stoop with handrail and new ADA lift within a subsurface enclosure; zoned CCD/Commercial Downtown. Applicant: C. Richard Bierce
(A copy of the Planning Commission report dated September 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/13/03, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Action Consent Calendar as presented. The action of City Council follows: 3. City Council approved the Planning Commission recommendation.

4. City Council approved the Planning Commission recommendation.

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation.

9. City Council approved the Planning Commission recommendation.

10. City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

Woodson "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Smedberg "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

11. Public hearing on the Report on the Community Partnership Fund for Human Services Recommended Priorities for the FY 2005 Competitive Grant Cycle. (#18, 9/9/03)

(A copy of the City Manager's report dated September 3, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/13/03, and is incorporated as part of this record by reference.)

WHEREUPON, there was a motion by Vice Mayor Pepper, seconded by Councilman Gaines, for final adoption of this item for September 23, 2003.

Councilman Krupicka asked for a friendly amendment to the section on self-sufficiency, on the item related to immigrant populations in the City, after the last semi-colon, to add language that reads, "As well as help them become active citizens and be positive influential members of the community."

The amendment was acceptable to the maker and seconder of the motion.

The vote on the motion was as follows:

Pepper "aye" Krupicka "aye"
Gaines "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

12. DEVELOPMENT SPECIAL USE PERMIT #2003-0016
2501 COMMONWEALTH AVE
DUNCAN LIBRARY EXPANSION (A copy of the Planning Commission report dated September 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/13/03, and is incorporated as part of this record by reference.

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. 12; 9/13/03, and is incorporated herewith as part of this record by reference.)

Director of Planning and Zoning Fogarty made a presentation of the expansion.

There were questions from Council relating to the bio-retention pond and the tree in front of the building, to which Transportation and Environmental Services Director Baier, General Services Division Chief Delimba, Parks, Recreation and Cultural Activities Whitmore and Architect Steven Koenig answered the questions.

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

Kathryn Brown, 2724 Hickory Street, representing the Alexandria Arts Forum, spoke about the plaza area north of the building and the sculpture entitled "All Things Come in Three's."

Sarah Haut, 228 E. Nelson Avenue, representing the Del Ray Citizens Association, spoke in favor of the expansion of the library, about the entrance and the bio-retention pond.

Bill Hendrickson, 304 E. Spring Street, spoke in support of the design, and he voiced his objection to the change made by staff for keeping the tree in front of the main entrance.

Ellen Pickering, 103 Roberts Lane, spoke in favor of keeping the tree in front of the main entrance and limbing it up where necessary, and she spoke in favor of taking open space for the library. WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, Council approved the Planning Commission recommendation, with the following amendments: item No. 3, that in addition to the satisfaction of the Director's in Planning and Zoning and Recreation, Parks and Cultural Activities, that the entrance also be designed in consultation with the community and the PTA of Mt. Vernon Elementary School; in Item No. 6, that the requirement that the bio-retention pond located next to Commonwealth Avenue be removed in order to provide flexibility if other opportunities are available. In addition, to add in a provision to come back and talk to Council about green roofs and the costs and maintenance associated with them so Council can evaluate whether that is an option that is available to Council; and to include staff amendment No. 48, which protects and preserves the piece of art titled, "All Things Come in Three's." The voting was as follows:

Krupicka "aye" Gaines "aye"
Pepper "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

13. DEVELOPMENT SPECIAL USE PERMIT #2003-0033
635 KINGS CLOISTER COURT
AMENDMENT (A copy of the Planning Commission report dated September 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/13/03, and is incorporated as part of this record by reference.

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. 13; 9/13/03, and is incorporated herewith as part of this record by reference.) The following persons participated in the public hearing on this item: Claude Stansbury, 635 Kings Cloister Court, the applicant, spoke in favor of the request.

Greg Golubin, 2015 Scroggins Road, spoke in favor of the request.

Ellen Pickering, 103 Roberts Lane, said the Taylor Run Civic Association voted to uphold the special use permit. Ms. Pickering, speaking personally, spoke against the request.

Dan Cassil, 634 Kings Cloister Circle, spoke in support of the request.

Michelle Mangrum, 602 Kings Cloister Circle, spoke in support of the request.

Buzz Smith, 604 Kings Cloister Circle, spoke in support of the request.

In response to a question from Councilman Smedberg, the representative's architects, Jane Berger and Ann Irving, with Garden Design Group, explained the options for use of the space.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilwoman Woodson and carried 6-1, Council upheld the recommendation of the Planning Commission to deny the amendment. The voting was as follows:

Pepper "aye" Gaines "aye"
Woodson "aye" Krupicka "aye"
Euille "aye" Macdonald "no"
Smedberg "aye"

14. SPECIAL USE PERMIT #2003-0024
COMMISSION ACTION: Recommended Approval 7-0 (A copy of the Planning Commission report dated June 3, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/13/03, and is incorporated as part of this record by reference.) Duncan Blair, 524 King Street, attorney representing the applicant, spoke in favor of the request and appeared with the new owner of the gas station, who explained his efforts to meet the expectations of Council and staff with respect to the building. WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows:

Woodson "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Smedberg "aye"

15. SPECIAL USE PERMIT #2003-0057
1008 MADISON STREET
AUTOMOBILE REPAIR GARAGE
Public Hearing and Consideration of a request for a special use permit to change
the ownership of an automobile repair garage; zoned CSL/Commercial Service
Low. Applicant: Kevin Hernandez.

COMMISSION ACTION: Recommended Approval 6-0

(A copy of the Planning Commission report dated September 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/13/03, and is incorporated as part of this record by reference.)

Mayor Euille pointed out there was a letter received by Mr. James Lee, the owner of a business in the vicinity of the applicant, at 106 Madison Street, raising several issues and wanting conditions attached.

William Counselor, business manager for the applicant, spoke in favor of the request and said he concurred with the recommendations of the Planning Commission.
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines, Council approved the recommendation of the Planning Commission, keeping in mind the lease expiration in December, 2004. The voting was as follows:

Pepper "aye" Krupicka "aye"
Gaines "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

16. SPECIAL USE PERMIT #2003-0053
4111 DUKE ST
DANCING PEPPERS
COMMISSION ACTION: Recommend Revocation 7-0

(A copy of the Planning Commission report dated Juen 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/13/03, and is incorporated as part of this record by reference.)

Duncan Blair, 524 King Street, representing the applicant, spoke in favor of the solution to the revocation.

WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Pepper and carried unanimously, City Council continued the special use permit, with review to occur in one year to ensure continued compliance. The voting was as follows:
Gaines "aye" Krupicka "aye"
Pepper "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

ORDINANCES AND RESOLUTIONS

17. Public Hearing, Second Reading and Final Passage of an Ordinance to Authorize Landscaping and Decorative Features to Encroach into the Public Sidewalk Rights-of-Way with the Potomac Greens Development. (#23, 9/9/03) (ROLL-CALL VOTE)

(A copy of the informal memorandum explaining the ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/13/03, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 9/13/03, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Krupicka "aye"
Gaines "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

The Ordinance reads as follows:

ORDINANCE NO.4312

AN ORDINANCE authorizing Potomac Greens Associates, LLC, and its successors in interest to establish and maintain encroachments for landscaping and decorative fixtures into the public sidewalk rights-of-way within the Potomac Greens development.

WHEREAS, Potomac Greens Associates, LLC ("Applicant") was the applicant for Encroachment No. 2003-0002, approved by City Council on May 17, 2003, as part of the approval for the Potomac Greens development, Development Special Use Permit No. 2002-0026 ("DSUP No. 2002-0026"), and

WHEREAS, Applicant desires to establish and maintain certain landscaping and decorative features which will encroach into the public sidewalk rights-of-way within the development, and

WHEREAS, the said public rights-of-way will not be significantly impaired by these encroachments; and

WHEREAS, these encroachments have 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 Council of the City of Alexandria that these encroachments are not detrimental to the public interest; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Applicant and its successors in interest be, and the same hereby are, authorized to establish and maintain encroachments into the public sidewalk rights-of-way within the Potomac Greens development for stoops, railings, upper level bays, decorative embellishments and roof overhangs, as generally shown on the preliminary plans approved in connection with DSUP No. 2–2-0026, but subject to Conditions No. 34, 35, 36 and 37 of DSUP No. 2002-0026, and as definitively shown on the as-built site plan or plans for the development which are to be filed with and approved by the city from time to time, until the encroachments are removed or destroyed or the authorization to maintain same are terminated by the city; provided, that this authorization to establish and maintain the encroachments shall not be construed to relieve Applicant or its successors in interest of liability for any negligence on its or their part on account of or in connection with the encroachments and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Applicant or its successors in interest maintaining, at all times and at his own expense, a single policy of 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:
Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and Applicant and its successors in interest as named insureds and shall provide for the indemnification of the City of Alexandria and Applicant and its successors in interest against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachments. 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 encroachments shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Applicant and its successors in interest 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 Applicant and its successors in interest. Nothing in this section shall relieve Applicant and its successors in interest of its or their obligations and undertakings required under this ordinance.

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Applicant and its successors in interest shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachments.

Section 4. That the authorization herein granted to establish and maintain the encroachments shall be subject to Applicant and its successors in interest maintaining the area of the encroachments at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 5. 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 6. That the authorization herein granted to establish and maintain the encroachments 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 Applicant and its successors in interest the removal of the encroachments. Said removal shall be completed by the date specified in the notice and shall be accomplished by Applicant and its successors in interest without cost to the city. If Applicant and its successors in interest 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 Applicant and its successors in interest, and shall not be liable to Applicant and its successors in interest for any loss or damage to the structure of the encroachments caused by the removal.

Section 7. That for purposes of this ordinance, the Applicant’s successors in interest shall be deemed to be the Homeowners’ Association or Associations or like entities (“HOA”) established for the Potomac Greens development, and not the individual homeowners within the development; so long as the declarations establishing the HOA grant the HOA the necessary authority to comply with all the terms of this ordinance, as determined by the city attorney.

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


WILLIAM D. EUILLE
Mayor

Introduction: 9/9/03
First Reading: 9/9/03
Publication:
Public Hearing:
Second Reading:
Final Passage:

18. Public Hearing, Second Reading and Final Passage of an Ordinance to authorize the conveyance of certain land to the Commonwealth of Virginia, Department of Transportation. (#25, 9/9/03) (ROLL-CALL VOTE)

(A copy of the informal memorandum explaining the ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/13/03, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 9/13/03, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Gaines "aye"
Smedberg "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Woodson "aye"

The Ordinance reads as follows:

ORDINANCE NO. 4313

AN ORDINANCE to approve and authorize the conveyance of certain real property and permanent easements to the Commonwealth of Virginia, Department of Transportation, for public right-of-way purposes.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the conveyance by the City of Alexandria to the Commonwealth of Virginia, Department of Transportation, of certain real property and permanent easements, as more particularly described in the deed attached hereto, which description is incorporated herein fully by reference, for public right-of-way purposes, be, and the same hereby is, approved and authorized.

Section 2. That the city attorney, city manager and city clerk, respectively, be, and the same hereby are, authorized to approve, execute, attest and deliver on behalf of the City, a deed of conveyance in substantial conformity with the deed attached hereto, and to do and perform all other acts necessary or proper to effect the conveyance hereby approved and authorized.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage; provided, however, that no transfer of any interest in the lands subject to this ordinance shall be effective until a deed of conveyance shall have been executed and delivered to the grantee as herein provided, and the execution and delivery of such deed shall be conclusive evidence of compliance with the provisions of this ordinance.

WILLIAM D. EUILLE
Mayor

Introduction: 9/9/03
First Reading: 9/9/03
Publication:
Public Hearing:
Second Reading:
Final Passage:

19. Public Hearing, Second Reading and Final Passage of an Ordinance to amend the City Code to change the regular time for City Council legislative meetings, and related matters. (#26, 9/9/03) (ROLL-CALL VOTE)

(A copy of the informal memorandum explaining the ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/13/03, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 9/13/03, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Krupicka "aye" Gaines "aye"
Pepper "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

The ordinance reads as follows:

ORDINANCE NO. 4314

AN ORDINANCE to amend and reordain Section 2-1-41 (REGULAR MEETINGS) and Section 2-1-47 (ORDER OF BUSINESS GENERALLY), of Article B (RULES OF PROCEDURE), Chapter 1 (THE CITY COUNCIL), Title 2 (GENERAL GOVERNMENT), of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-1-141 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. 2-1-41 Regular meetings.

The regular meetings of the city council shall be held the second and fourth Tuesdays in each month at 7:30 p.m. The city council shall, except during the months of July and August, hold regular meetings on the second and fourth Tuesdays in each month at 7:30 7:00 p.m.; provided, however, that when any such day shall fall on a legal holiday, the meeting shall be held on the next succeeding day; and, provided further, that no regular meeting need be held on the fourth Tuesday in December.

Section 2. That Section 2-1-47 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. 2-1-47 Order of business generally.

At every regular meeting of the city council, the order of business shall be as established from time to time by resolution adopted by the city council. follows:

(1) Invocation.
(2) Calling the roll.
(3) Reading and acting upon the minutes of the previous meeting. If the city clerk, at least two days before the meeting, shall transmit to each member of the city council at his business or residence address a copy of the minutes of the previous meeting for inspection, reading thereof before the city council assembled may on motion be dispensed with and such minutes so inspected may be acted upon.
(4) Report of the city clerk.
(5) Reports and recommendations of the city manager.
(6) Consideration of and action upon the docket.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

WILLIAM D. EUILLE
Mayor

Introduction: 9/9/03
First Reading: 9/9/03
Publication:
Public Hearing:
Second Reading:
Final Passage:

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (20-22)

Planning Commission (continued)

20. REZONING #2002-0004
11-21 NORTH QUAKER LANE
QUAKER VIEW
COMMISSION ACTION: Recommend Denial 6-1 (The applicant has requested that this item be deferred to October.)

21. SPECIAL USE PERMIT #2003-0068
460-B SOUTH PICKETT STREET
AUTOMOTIVE REPAIR SERVICE
22. SPECIAL USE PERMIT #2003-0074
6 WEST MASONIC VIEW AVENUE
CHILD CARE CENTER END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without objection, City Council noted the deferrals.


NEW BUSINESS NO. 2. City Manager Sunderland said he is passing out a memo on the Council Retreat, and he is passing out a schedule with various upcoming meetings on it.

NEW BUSINESS NO. 3. Mr. James Manship, 6514 Potomac Avenue, of God and Country Foundation, said he spoke in the past about painting his church and about police abuse. He spoke about a lawsuit against the City and about the Police Department.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Smedberg and carried unanimously, at 11:50 a.m., the public hearing meeting of Saturday, September 13, 2003, was adjourned. The voting was as follows:

Pepper "aye" Gaines "aye"
Smedberg "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Woodson "aye"
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The meeting was adjourned at 11:50 a.m.

APPROVED BY:



______________________________
WILLIAM D. EUILLE MAYOR


ATTEST:


________________________________________
Jacqueline M. Henderson, CMC City Clerk
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This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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