Action Docket for Public Hearing Meeting (06/12/2004)

Office of the City Clerk
June 14, 2004

Public Hearing Meeting
Saturday, June 12, 2004 - - 9:30 a.m.

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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; Councilman Macdonald was absent.
Council Action:_________________________________________________________

NEW BUSINESS ITEM NO. 1: Mayor Euille welcomed to the Chambers the Mayor of the City of Thies of Senagal, West Africa, a City of 250,000 people, whom he and Councilwoman Woodson met in Caen, France for the D-Day Celebration.

2. Public Discussion Period.

(a) Sarah Becker, 1200 Princess Street, on behalf of Henry Hart and the Stabler Leadbeater Apothecary Museum, announced a grant award from the National Association of Chain Drug stores foundation in the amount of $40,000 for retail renovation. That, along with a previously announced pro-bono contribution from RYA Retail Designers and Consultants in Dallas makes the gift approximately $60,000. She also thanked City Manager Sunderland, as he is departing for an opportunity to teach, and she said that teaching is a natural for him.

(b) Pat Troy, 310 Wolfe Street, thanked the Mayor, City Attorney Pessoa, Councilman Macdonald, Assistant City Manager Evans, and City Manager Sunderland, as the dogs can now sit on the patio at Ireland's Own and can eat with their owners. Mr. Troy said he is sad and shocked to hear the City Manager is leaving, and he wished him good-luck in the future.

(c) Mariella Posey, 915 Second Street, said that she will miss Deputy Director of Planning and Zoning Barbara Ross, as she was patient, thorough and professional in explaining zoning regulations on projects, and she helped her understand the regulations. Ms. Posey said the City Manager has also served the City for a long time and will be missed, and she hoped his future is bright and rewarding.

(d) Randy Stevens, 3801 Mount Vernon Avenue, spoke about the regulation of taxicabs in the City, and stand dues in the 1980's were $40, and they are now $160, which is a three hundred percent increase. He said there is a great disparity in the cost of the dispatch owners doing business and the cost of the drivers doing business. He also noted that he would be sad to see the City Manager leave. He said it is time to stop talking and go to court to find out if the City is negligent and malfeasant in the process of doing business with the taxi industry over the last 20 years by giving the dispatch owners sole control to do business.

(e) Megfin Kebret, 3801 Mount Vernon Avenue, a member of AUTO, spoke about fuel prices and insurance rates going up, and taxi drivers are now working eight hours to meet expenses and working additional hours to feed and shelter their families. He noted the stand dues, insurance, maintenance and fuel being paid by the drivers.

(f) Kathleen Henry, 3801 Mount Vernon Avenue, speaking on behalf of AUTO, showed a chart with wages and noted that cab drivers are making less than $6.00 per hour, but Alexandria has a living wage that is nearly $11.00 an hour. She said the driver's wages are substandard due in large part to the City's regulation of fares and the requirement for affiliation with a company. She suggested three options on how to remedy the situation - that the City would subsidize the cab drivers directly by paying their stand dues, that the City subsidize the cab drivers by paying them directly their stand dues and allowing them to pay it into the company, or to pass the cost onto the customers in the form of a fare hike, and that the initial meter charge change from $2.25 to $5.25 and the mileage rate change up to $1.70.

(g) Jim Hurysz, P.O. Box 5191, Arlington, a Democrat Independent candidate for Congress in the Eighth Congressional District, spoke about a rail line to Tyson's Corner and Dulles Airport, and what it will mean for the Route 7 corridor, and what the new Woodrow Wilson Bridge would mean for the Route 1 corridor, and he spoke about preventing vertical and horizontal sprawl.

(h) Mustafah Sayid, 8245 Russell Road, said that after September 11, he found that most of the Police Officers in the community are white, and he said they have a racial and religious bigotry. He said he has been harassed several times, and he spoke about his car being ticketed for not being registered. He asked what is being done to make sure the Police Officers don't have any racial behavior, why aren't they assigned to their own communities, and why are all the Judges on the bench racists.

(i) Tabatha Sayid, 8245 Russell Road, spoke about the people who obey the law being mistreated, and she asked where is the justice for people of color.

Mayor Euille noted the complaint process for dealing with the Police and Sheriff's Department and that will be outlined in the City Manager's response to them. He said the Alexandria Police Department is a fine Police Department and represents the diversity of the City.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-15)

Planning Commission

3. DEVELOPMENT SPECIAL USE PERMIT #2004-0014
1300 NORTH VAN DORN STREET
JAMESTOWNE VILLAGE
Public Hearing and Consideration of a request for an extension of a development special use permit to construct a community center and parking lots; zoned RA/Residential. Applicant: Jamestowne Village, LLC.

COMMISSION ACTION: Recommend Approval 7-0

4. SPECIAL USE PERMIT #2004-0015
3400 & 3402 COMMONWEALTH AVENUE
MARTIAL ARTS ACADEMY
Public Hearing and Consideration of a request for a special use permit to operate a martial arts school; zoned CSL/Commercial Service Low. Applicant Kwang Weon Woo, by James C. Pan, agent

COMMISSION ACTION: Recommend Approval 7-0

5. SPECIAL USE PERMIT #2004-0026
315 MADISON STREET
A LA LUCIA
Public Hearing and Consideration of a request for a special use permit amendment to increase the space, number of seats and to extend the hours of operation of a restaurant; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Mehran Nayeri

COMMISSION ACTION: Recommend Approval 7-0

6. SPECIAL USE PERMIT #2004-0029
4656 C KING STREET
MEAL DEAL, INC.
Public Hearing and Consideration of request for a special use permit to operate a restaurant; zoned OCM(100)/Office Commercial Medium. Applicant: Ozkan Erenoglu

COMMISSION ACTION: Recommend Approval 7-0

7. SPECIAL USE PERMIT #2004-0033
650 SOUTH PICKETT STREET
RESTAURANT
Public Hearing and Consideration of a request for a special use permit amendment to increase the number of seats and change the hours of operation at a restaurant; zoned I/Industrial. Applicant: Gholamreza Sanjideh

COMMISSION ACTION: Recommend Approval 7-0

8. SPECIAL USE PERMIT #2004-0035
300 NORTH WASHINGTON STREET
FITNESS TOGETHER
Public Hearing and Consideration of a request for a special use permit to operate a personal fitness training studio; zoned CD/Commercial Downtown. Applicant: Matthew McKinnis

COMMISSION ACTION: Recommend Approval 7-0

9. SPECIAL USE PERMIT #2004-0038
512-E SOUTH VAN DORN STREET
QUIZNO'S SUBS
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CG/Commercial General. Applicant: Vishal Tandon by Tina Rayner, agent

COMMISSION ACTION: Recommend Approval 7-0

10. SPECIAL USE PERMIT #2004-0044
4938 B-C EISENHOWER AVENUE (Parcel address: 4900 Eisenhower Ave)
AUTOMOBILE REPAIR
Public Hearing and Consideration of a special use permit to operate a light automobile repair establishment; zoned OCM-100/Office Commercial Medium. Applicant: Carlos Flores

COMMISSION ACTION: Recommend Approval 7-0

11. SPECIAL USE PERMIT #2004-0046
4608 KENMORE AVENUE - SEMINARY PLAZA (Parcel Address: 4550 Kenmore Ave)
QUIZNO'S SUBS
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CG/Commercial General. Applicant: Poonam Sharma by Tina Rayner, agent
COMMISSION ACTION: Recommend Approval 7-0

12. SPECIAL USE PERMIT #2004-0025
251 WEST GLEBE ROAD (Parcel Address: 221 West Glebe Road)
RESTAURANT
Public Hearing and Consideration of a request for a special use permit amendment to change the ownership, hours of operation and increase seating at a restaurant; zoned CG/Commercial General. Applicant: Paula Coleto

COMMISSION ACTION: Recommend Approval 7-0

13. SPECIAL USE PERMIT #2004-0032
330 JOHN CARLYLE STREET
JIMMY JOHN'S - RESTAURANT
Public Hearing and Consideration of a request for a special use permit to operate a restaurant with outdoor seating; zoned CDD-1/Coordinated Development District. Applicant: Karl W. Finkelnburg

COMMISSION ACTION: Recommend Approval 7-0

14. ENCROACHMENT #2004-0005
2050 JAMIESON AVENUE AND 400 COURTHOUSE SQUARE
CARLYLE DEVELOPMENT - BLOCK F
Public Hearing and Consideration of a request for an encroachment of a canopy into the public right-of-way; zoned CDD-1/Coordinated Development District. Applicant: Regent Partners by Jonathan P. Rak, attorney

COMMISSION ACTION: Recommend Approval 7-0

15. SPECIAL USE PERMIT #2004-0034
2838 DUKE STREET
DUKE STREET MOBIL
Public Hearing and Consideration of a request for a special use permit for a change of ownership of an automobile service station; zoned CG/Commercial General. Applicant: R&N Corporation by Duncan Blair, attorney

COMMISSION ACTION: Recommend Approval 7-0

END OF ACTION CONSENT CALENDAR

City Council approved the Action Consent Calendar, with the removal of items 3, 12 and 13 and considered them under separate action:

3. City Council approved the Planning Commission recommendation. (separate motion)

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.

11. City Council approved the Planning Commission recommendation.

12. City Council approved the Planning Commission recommendation. (separate motion)

13. City Council approved the Planning Commission recommendation. (separate motion)

14. City Council approved the Planning Commission recommendation.

15. City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

16. Public Hearing on the City's Proposed Solid Waste Management Plan. (#11, 6/9/04)

City Council approved the Solid Waste Management Plan.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

17. SPECIAL USE PERMIT #2004-0021
4600 DUKE STREET, SUITE 310
CHILD AND FAMILY NETWORK CENTERS
Public Hearing and Consideration of a request for a special use permit to operate a child care center/preschool; zoned RC/Residential. Applicant: The Child and Family Network Centers by Barbara Mason, Executive Director.

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

NEW BUSINESS ITEM NO. 2: Councilwoman Woodson welcomed Adzine Belakbil, from Casablanca, Morocco to the Chambers.

18. SPECIAL USE PERMIT #2004-0037
1106 & 1108 KING STREET
LE GAULOIS RESTAURANT
Public Hearing and Consideration of a request for a special use permit amendment to increase outdoor seating at a restaurant; zoned CD/Commercial Downtown. Applicant: Robert Test, attorney

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

19. SPECIAL USE PERMIT #2004-0039
710 MADISON STREET, 806 & 815 N. COLUMBUS STREET
MAX MANAGEMENT, LLC
Public Hearing and Consideration of a request for a special use permit amendment to increase the number of parking spaces, provide tandem spaces and reconfigure three existing parking lots (parking reduction); zoned CD-X/Commercial Downtown. Applicant: Max Management, LLC by Charles Greenberg

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation, to include conditions on the applicant publicizing contact information to the immediate homeowners and the Northeast Neighborhood Association and Inner City, and to having an impervious type paver for the 806 N. Columbus Street lot, at the approval of the Planning Director.
Council Action:_________________________________________________________

20. SPECIAL USE PERMIT #2003-0114
1512 KING STREET
SUBWAY
Public Hearing and Consideration of a request for a special use permit to operate a restaurant and for a parking reduction; zoned OCH/Office Commercial High Zone. Applicant: Subway Real Estate Corp. c/o Subway Development Corp., by Christopher Decre, agent

COMMISSION ACTION: Recommend Denial 7-0

City Council reversed the decision of the Planning Commission and approved the request.
Council Action:_________________________________________________________

21. SPECIAL USE PERMIT #2004-0028
1950 DUKE STREET
CARLYLE DEVELOPMENT
Public Hearing and Consideration of a request for an amendment to the current special use permit conditions to revise the definition of retail; zoned CDD-1/Coordinated Development District. Applicant: Carlyle Development Corporation & LCOR Ballenger Ave., LLC by Jonathan P. Rak, attorney

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation, with the changes as presented by staff for condition 102D, to add: "Conditions 102A, 102B and 102C of this special use permit shall not apply to the townhouses at 400-412 John Carlyle Street, and the application to amend the retail definition and ground floor retail use requirement for such units remains pending and is deferred. Until further action of the Commission and City Council to amend or repeal this condition 102D, such units, and no other property subject to this special use permit, shall remain subject to the conditions of this special use permit in effect prior to the adoption of conditions 102A, 102B and 102C, and to the following provisions." Also, to delete the following sentence: "This waiver provision shall not apply to blocks G, J, K or P, any retail space allocated to those blocks shall be utilized solely for retail purposes."
Council Action:_________________________________________________________

22. DEVELOPMENT SPECIAL USE PERMIT #2003-0030
3737 SEMINARY ROAD
VIRGINIA THEOLOGICAL SEMINARY
Public Hearing and Consideration of a request for a development special use permit, with site plan to construct faculty housing units; zoned R-20/Residential. Applicant: Virginia Theological Seminary, by Duncan Blair, attorney

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

23. DEVELOPMENT SPECIAL USE PERMIT #2004-0020
1608-1706 WEST BRADDOCK ROAD AND RADFORD STREET
ALEXANDRIA REDEVELOPMENT AND HOUSING AUTHORITY
Public Hearing and Consideration of a request for an extension of a development special use permit to construct affordable townhouse units; zoned RB/Residential. Applicant: Alexandria Redevelopment and Housing Authority by Harry Hart, attorney

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:________________________________________________________

24. DEVELOPMENT SPECIAL USE PERMIT #2004-0021
423 SOUTH REYNOLDS STREET
ALEXANDRIA REDEVELOPMENT AND HOUSING AUTHORITY
Public Hearing and Consideration of a request for an extension of a development special use permit to construct affordable townhouse units; zoned RB/Residential. Applicant: Alexandria Redevelopment and Housing Authority by Harry Hart, attorney

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

25. DEVELOPMENT SPECIAL USE PERMIT #2004-0022
325 SOUTH WHITING STREET
ALEXANDRIA REDEVELOPMENT AND HOUSING AUTHORITY
Public Hearing and Consideration of a request for an extension of development special use permit to construct affordable townhouse units; zoned RB/Residential. Applicant: Alexandria Redevelopment and Housing Authority by Harry Hart, attorney

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

26. SPECIAL USE PERMIT #2004-0036
107 WEST GLEBE ROAD & 101 LEADBEATER STREET
ALEXANDRIA VOLKSWAGEN
Public Hearing and Consideration of a request a special use permit review and an amendment to change the hours of operation of an automobile dealership; zoned CSL/Commercial Service Low. Applicant: Robert Test

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

27. SPECIAL USE PERMIT #2004-0043
3801 MOUNT VERNON AVENUE
TENANT AND WORKER'S SUPPORT COMMITTEE (T.W.S.C.)
Public Hearing and Consideration of a request for a special permit to operate various community (social service) programs; zoned CDD-6/Coordinated Development District. Applicant: Jon Liss
COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation, with an amendment to condition #4 to change two years to 38 months.
Council Action:_________________________________________________________

28. SPECIAL USE PERMIT #2004-0045
1501 MOUNT VERNON AVENUE
FIREFLIES RESTAURANT
Public Hearing and Consideration of a request for a special use permit amendment to intensify the use of a restaurant and for a parking reduction; zoned CL/Commercial Low. Applicant: Marylisa Damiani and Daniel Lichens

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

29. ENCROACHMENT #2004-0003
1501 MOUNT VERNON AVENUE
FIREFLIES RESTAURANT
Public Hearing and Consideration of a request for an encroachment into the public right-of-way for a patio at a restaurant; zoned CL/Commercial Low. Applicant: Marylisa Damiani and Daniel Lichens

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

30. SPECIAL USE PERMIT #2004-0004
924 QUEEN STREET
Public Hearing and Consideration of a request for a special use permit for a change of ownership and to change a nonconforming office space use to nonconforming personal service use (beauty salon); zoned RB/Residential. Applicant: Dang Van Dong (Deferred from April 17, 2004)

COMMISSION ACTION: Recommend Denial 7-0

City Council reversed the Planning Commission recommendation and approved the request for a special use permit, with a change to the days and hours of operation as follows: The beauty salon be open Monday through Saturday (closed Sunday) and the hours of operation four days a week be 10:30 to 7:00 and later on two evenings, with staff to work out the details of which days the salon will be open late.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

31. DEVELOPMENT SITE PLAN #2004-0005
1400 JANNEYS LANE
Public Hearing of an appeal to a decision of the Planning Commission on May 6, 2004, for a development site plan for construction of single family houses at 1400 Janneys Lane; zoned R-20/Residential. Applicant: Elm Street Development, Inc.

City Council held the public hearing and deferred action until June 22, 2004, so that Council and staff has the opportunity to see the official statement from the Engineer the citizens have hired that refutes what the City staff and the City's Engineer has stated, and that information would have to be to City staff by close of business on Monday, June 14, 2004.
Council Action:_________________________________________________________

32. DEVELOPMENT SITE PLAN #2004-0008
SUBDIVISION #2003-0011
Public Hearing of an appeal to a decision of the Planning Commission on May 4, 2004, for a development site plan and subdivision for construction of single family homes at 1900, 1904 and 1910 Russell Road; zoned R-12/Single-Family Residential. Applicant: Renaissance Custom Communities, LLC by Harry P. Hart attorney

City Council denied the appeal.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

33. Public Hearing, Second Reading and Final Passage of an Ordinance to Make Supplemental Appropriations for the Support of the Government of the City of Alexandria for FY 2004. (#12, 6/9/04) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4351
Council Action:_________________________________________________________

34. Public Hearing, Second Reading and Final Passage of an Ordinance to Make Appropriations For the Support of the Government of the City of Alexandria for FY 2005. (#13, 6/9/04) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4352
Council Action:_________________________________________________________

35. Public Hearing, Second Reading and Final Passage of an Ordinance to Establish the Employee Homeownership Incentive Program (EHIP). (#14, 6/9/04) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4353
Council Action:_________________________________________________________

36. Public Hearing, Second Reading and Final Passage of an Ordinance to Revise the Floodplain Regulations in the Zoning Ordinance. (#15, 6/9/04) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4354
Council Action:_________________________________________________________

37. Public Hearing, Second Reading and Final Passage of an Ordinance to Revise the Political Sign Regulations in the Zoning Ordinance. (#16, 6/9/04) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4355
Council Action:_________________________________________________________

38. Public Hearing, Second Reading and Final Passage of an Ordinance to Revise the Fine Schedule For SUP Violations, and Revise the SUP Change in Ownership Procedures in the Zoning Ordinance. (#17, 6/9/04) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4356
Council Action:_________________________________________________________

39. Public Hearing, Second Reading and Final Passage of an Ordinance to Revise the Procedures in the Zoning Ordinance For Development Cases Heard By the Boards of Architectural Review. (#18, 6/9/04) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4357
Council Action:_________________________________________________________

40. Public Hearing, Second Reading and Final Passage of an Ordinance to Revise the Chesapeake Bay Protection Act Regulations in the Zoning Ordinance. (#19, 6/9/04) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4358
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (41-45)

Planning Commission (continued)

41. SPECIAL USE PERMIT #2004-0040
3209 COLVIN STREET
LEE'S AUTO BODY AND PAINT
Public Hearing and Consideration of a request for a special use permit to operate an automobile body repair establishment; zoned I/Industrial. Applicant: Issac Youngho Kim

COMMISSION ACTION: Deferred

42. SPECIAL USE PERMIT #2004-0048
1225 POWHATAN STREET
RUFFINO'S RESTAURANT
Public Hearing and Consideration of a request for a review of a special use permit for a restaurant; zoned RB/Residential. Applicant: Department of Planning and Zoning

COMMISSION ACTION: Deferred

43. SPECIAL USE PERMIT #2003-0115
301 LAVERNE AVENUE
SUBSTANDARD LOT DEVELOPMENT
Public Hearing and Consideration of a request for a special use permit to construct a single family dwelling on a substandard lot and for a parking reduction; zoned R/Residential. Applicant: Brett D. Rice

COMMISSION ACTION: Deferred (Applicant's request)

44. SPECIAL USE PERMIT #2004-0041
721 KING STREET
POTBELLY SANDWICH WORKS
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Potbelly Sandwich Works by Kitty Carlson

COMMISSION ACTION: Withdrawn

45. ENCROACHMENT #2004-0003
TEMPORARY OUTDOOR RESTAURANT SEATING IN OLD TOWN
Public Hearing and Consideration of a request for an encroachment into the right-of-way on King Street in Old Town (between the waterfront and the Metro station plus one block in either direction on each cross street) for outdoor restaurant seating. Applicant: Department of Planning and Zoning

COMMISSION ACTION: Deferred (Staff's request)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

City Council noted the deferrals.
Council Action:_________________________________________________________

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The meeting adjourned at 5:30 p.m.

Note: The action docket is a summary of Council's meeting deliberations prepared largely for staff follow-up. Formal minutes of the meeting, when approved by Council, become the official record of the meeting and of Council decisions made at the meeting.

This docket is subject to change.

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