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Regular Meeting
Tuesday, September 13, 1994 - - 7:30 pm

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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, Lonnie C. Rich, and Lois L. Walker.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Brannan, Assistant City Manager; Mrs. Godwin, Director of Management and Budget; Mr. Lynn, Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Sanderson, Director of Real Estate Assessments; Ms. Davis, Director of Housing; Mr. Cyphers, Director of Human Services; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Boyd, Director of Citizen Assistance; Mr. Powers, Director, Division of Community Programs, Human Services; Mr. Horowitz, Special Assistant to the Director of Human Services; Mr. Eiffert, Director of Agency on Aging; Fire Chief Hawkins; Ms. Beidler, Registrar of Voters; Mr. McMahon, Deputy Director of General Services; Mr. Pettiford, Housing Program Coordinator; Mr. Flaherty, Executive Director, Economic Development Program; Mr. Barbash, Consumer Affairs Administrator; 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.

The Invocation was pronounced by Reverend Ronald J. Degges, Pastor of First Christian Church. Mayor Ticer welcomed everybody to the new session, particularly the new Council Members, Councilman Euille and Council Member Walker.

3. THERE BEING NO DISCUSSION, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the Minutes of (a) the Public Hearing Meeting of June 18, 1994; (b) the Regular Meeting of June 28, 1994; (c) the Special Installation Meeting of July 1, 1994; and (d) the Special Meeting of July 20, 1994, as submitted. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"





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4. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper, and carried unanimously, City Council received the report of the City Clerk dated September 13, 1994, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/13/94, and is incorporated herewith as part of this record by reference. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

5. Presentation of Proclamation Declaring September 25, 1994 as Run for Shelter/Autumn 10K Day in the City of Alexandria. (Vice Mayor Donley)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/13/94, and is incorporated herewith as part of this record by reference.)

(Vice Mayor Donley presented the proclamation.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilmen Cleveland and Euille and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:

Donley "aye" Ticer "aye"
Cleveland "aye" Pepper out of room
Euille "aye" Rich "aye"
Walker "aye"

6. Presentation of Proclamation Declaring September 24, 1994, as Centennial Day in Del Ray. (Mayor Ticer and Council Member Walker)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 9/13/94, and is incorporated herewith as part of this record by reference.)

(Council Member Walker and Councilman Cleveland presented the proclamation.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilman Euille and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Cleveland "aye" Donley "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

7. Presentation of Proclamation Proclaiming the Week of September 26-30, 1994, as JAYS Week in the City of Alexandria. (Mayor Ticer)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 9/13/94, and is incorporated herewith as part of this record by reference.)

(Mayor Ticer presented the proclamation.)




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WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Euille "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (8-10; 18-20)
8. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(Copies of the above resignations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 8 (a-l); 9/13/94, and are incorporated herewith as part of this record by reference.)







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9. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria-Caen Exchange Committee
1 Representative from the Business Community

(b) Alexandria-Leninakan Exchange Committee
1 Citizen Member

(c) Alexandria Archaeological Commission
1 Member from Planning District I

(d) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Member Designated by Vice Mayor Donley

(e) Alexandria Commission on Employment
1 Citizen Member

(f) Alexandria Consumer Affairs Commission
1 Member of the Business Community

(g) Alexandria Economic Opportunities Commission
1 Representative Designated by Vice Mayor Donley

1 Representative Designated by Council Member Rich

(h) Alexandria Law Library Board
1 Citizen Member

(i) Alexandria Park and Recreation Commission
1 Member from Planning District III

(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 9 (a-i); 9/13/94, and is incorporated herewith as part of this record by reference.)

10. Receipt of the Annual Committee Attendance Report.

(A copy of the City Manager's memorandum dated August 29, 1994, together with the Report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 10; 9/13/94, and is incorporated herewith as part of this record by reference.)

18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to provide an encroachment into the public sidewalk right-of-way at 1209-1211 King Street, for a bay window.

(A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 18; 9/13/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 9/13/94, and is incorporated herewith as part of this record by reference.)





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19. (a) Presentation of Viewers' Report concerning a Request for Vacation of the Public Right-of-way Located at 426 Timberbranch Parkway. (#41 6/18/94)

(A copy of the Viewers' Report dated June 28, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19 (a); 9/13/94, and is incorporated herewith as part of this record by reference.

A copy of the Real Estate Assessments Director's memorandum dated June 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19(a); 9/13/94, and is incorporated herewith as part of this record by reference.)

(b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to vacate approximately 2,890 square feet of Timberbranch Parkway that lie adjacent to property at 426 Timberbranch Parkway.

(A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 19(b); 9/13/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19(b); 9/13/94, and is incorporated herewith as part of this record by reference.)

20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to require property owners, within 30 days of a notice from the City, to remove from their property any graffiti which can be viewed from a public right-of-way or other public property.

(A copy of the letter of withdrawal dated September 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/13/94, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council approved the Consent Calendars as presented. The City Manager's recommendations are as follows:

8. City Council received the following resignations with regret: (a) Barbara Krimgold and Frederick Krimgold from the Alexandria-Leninakan Exchange Committee; (b) George S. Ellmore, Jr. and Gene C. Lange from the Alexandria Budget and Fiscal Affairs Advisory Committee; (c) Rebecca S. Davies from the Alexandria Commission for Women; (d) Sonya Bell and Theresa Forster from the Alexandria Commission on Aging; (e) Edward A. Schroer from the Alexandria Commission on Employment; (f) Norman K. Chung from the Alexandria Consumer Affairs Commission; (g) Dagobert Soergel from the Alexandria Early Childhood Commission; (h) Patrick N. Anderson and J. Glenn Hopkins from the Alexandria Economic Opportunities Commission; (i) Ari J. Sky from the Alexandria Environmental Policy Commission; (j) Rebecca S. Davies and Michael W. Reid from the Alexandria Human Rights Commission; (k) Timothy R. McTaggart from the Alexandria Law Library Board; and (l) James Mulligan from the Alexandria Park and Recreation Commission; and requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.







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9. City Council (a) appointed Linda Kung as a Representative from the Business Community to the Alexandria-Caen Exchange Committee; (b) appointed Garbis Muradian as a Citizen Member to the Alexandria-Leninakan Exchange Committee; (c) appointed Stephen Later as a Member from Planning District I to the Alexandria Archaeological Commission; (d) appointed Joel Leonard as a Member Designated by Vice Mayor Donley to the Alexandria Budget and Fiscal Affairs Advisory Committee; (e) appointed Emmitt Carlton as a Citizen Member to the Alexandria Commission on Employment; (f) appointed Jeremy Flachs as a Member of the Business Community to the Alexandria Consumer Affairs Commission; (g) appointed Allen Lomax as a Representative Designated by Vice Mayor Donley and Michele Chapman as a Representative Designated by Council Member Rich to the Alexandria Economic Opportunities Commission; (h) appointed Jeffrey Schanz as a Citizen Member to the Alexandria Law Library Board; and (i) appointed Chanley Mohney as a Member from Planning District III to the Alexandria Park and Recreation Commission.

10. City Council received the report; vacated the positions listed on pages three and four of the report dated August 29, 1994; and authorized the Executive Secretary for Boards and Commissions to advertise the vacancies.

18. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 17, 1994.

19. (a) City Council received the Viewers' Report.

(b) City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 17, 1994.

20. City Council noted the withdrawal.

END OF CONSENT CALENDAR

The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

11. Receipt of the 1994 Annual Report and Setting it for Public Hearing on October 15, 1994.

(A copy of the City Manager's memorandum dated September 2, 1994, together with the 1994 Annual Report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 11; 9/13/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Council Member Rich and carried unanimously, City Council received the City Manager's 1994 Annual Report and docketed the report for public hearing at City Council's meeting on October 15. The voting was as follows:

Donley "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Walker "aye"



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12. Public Hearing on and Consideration of an Application of Jones Intercable of Alexandria, Inc., for Approval of Rates it Currently Charges Alexandria Residents for Cable Television Service.

(A copy of the City Manager's memorandum dated September 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/13/94, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council (1) held the public hearing on the matter of the rate filing submitted on August 15 by Jones Intercable; and (2) City Council issued a tolling order (Attachment 1 to the City Manager's memorandum) which will allow staff 150 days, under the FCC's regulations and Section 9-3-208 of the City Code, to review the Jones rate filing and determine whether Jones' current rate for basic cable service is reasonable. Under the tolling order (which extends the staff review period from 30 days to 150 days), the current rate for basic cable service will remain in effect, subject to a later refund should Council subsequently determine that it exceeds the rate authorized by the FCC regulations; and (3) City Council authorized the hiring of a financial consultant to assist staff in analyzing the detailed financial data contained in Jones' rate filing. The cost of the consultant will be shared equally by the City and Jones Intercable. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1702
WHEREAS, the city council has received and preliminarily reviewed (1) the rate filing of Jones Intercable of Alexandria, Inc. ("Jones"), submitted pursuant to section 9-3-201 et seq. of the Alexandria City Code, in which Jones seeks the City of Alexandria's approval of the rates it is currently charging its Alexandria residents for basic cable television service and the use of related equipment, (2) comments submitted by members of the public on the rate filing, (3) the recommendation of the city manager, and (4) Jones's response to the public comments and the recommendation of the city manager; and

WHEREAS, in light of the brief time that the city council, the city staff and the public have had to review Jones' rate filing and to evaluate matters relevant to determining whether Jones's basic cable rates comply with applicable law and regulations, the city council is presently unable to determine whether those rates comply with the Federal Communications Commission's reasonable rate standard; and

WHEREAS, the city council finds and determines that it needs additional time and information in order for it to review Jones' rate filing and to determine whether Jones' current basic cable rates comply with the Federal Communications Commission's reasonable rate standard;






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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ALEXANDRIA, VIRGINIA

1. That the city's review of the Jones' rate filing shall be tolled, as provided in section 9-3-208 of the Alexandria City Code.

2. That the current rates that Jones charges Alexandria residents for basic cable television service and for the use of related equipment shall not be increased during the period in which city's review of the Jones' rate filing is properly tolled, without the prior approval of the city council.

3. That the current rates that Jones charges Alexandria residents for basic cable television service and for the use of related equipment shall be collected by Jones subject to possible refund, in accordance with applicable law, and that Jones shall maintain adequate records to enable it to refund to subscribers any amounts later determined to be unreasonable, plus interest.

4. That nothing in this resolution shall be construed as approving or endorsing the current rates that Jones charges Alexandria residents for basic cable television service and for the use of related equipment, and that the council may subsequently order a reduction in those rates to the extent they are found to violate any FCC-ordered rate freeze or other applicable laws, regulations or contracts.

5. That this resolution is the order required by 47 C.F.R. 76. 933.

6. That the city manager shall see that public notice is given of the adoption by council of this resolution and of its availability for review by the public.

7. That this resolution shall be effective upon adoption.

ADOPTED: September 13, 1994

/s/PATRICIA S. TICER, MAYOR
On behalf of the City Council of
Alexandria, Virginia

The undersigned certifies that the foregoing Resolution was duly adopted at a meeting of the City Council of the City of Alexandria, Virginia.

ATTEST:

/s/ Beverly I. Jett, CMC, City Clerk

13. Consideration of Resolution Supporting the Request by Landmark Center to the Virginia Department of Transportation for a Landmark Mall Sign on I-395 and Duke Street. (Councilman Cleveland) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/13/94, and is incorporated herewith as part of this record by reference.)

(General Discussion. Councilman Cleveland explained this item. Mayor Ticer agreed with him and expressed that there should also be an addition of Alexandria on the sign at Springfield at the I-395 entrance to I-495 which currently states Baltimore.


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Vice Mayor Donley agreed with the Mayor and suggested that the sign be designated to indicate Old Town Alexandria.

Mr. O'Kane, Director of Transportation and Environmental Services, participated in the discussion.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution and requested the City Clerk to forward it to the Virginia Department of Transportation for its consideration. The voting was as follows:

Cleveland "aye" Donley "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1703

WHEREAS, the City of Alexandria includes Landmark Mall as a major retail center within its boundaries; and

WHEREAS, Landmark Mall and its merchants contribute to a better quality of life for the citizens of Alexandria and throughout the metropolitan area; and

WHEREAS, Landmark Mall attracts visitors from throughout the metropolitan area; and

WHEREAS, visitors to Landmark Mall access the Mall from the area's interstate highways, particularly I-395, directly adjacent to the Mall; and

WHEREAS, James Braun, General Manager of Landmark Mall, has requested that the Virginia Department of Transportation install signage on I-395 identifying the Mall's location near the Duke Street exit to improve vehicular safety; and

WHEREAS, similar signs identify Springfield Mall's location off I-95; and

WHEREAS, the main entrance roadway to the Mall, proposed as "Landmark Mall Drive", meets the Virginia Department of Transportation criteria for identification on I-395; and

WHEREAS, Landmark Mall management has generously offered to compensate the Virginia Department of Transportation for the sign;

NOW, THEREFORE, BE IT RESOLVED that the City of Alexandria strongly supports Landmark Mall's request to the Virginia Department of Transportation for signage directing motorists to the Mall from I-395.

14. Consideration of Resolution in Support of a Constitutional Amendment on Voter Registration. (Council Members Rich and Walker) [ROLL-CALL VOTE]

(A copy of Council Member Rich's memorandum dated July 13, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/13/94, and is incorporated herewith as part of this record by reference.)

(General Discussion. Members of Council and Registrar of Voters Beidler participated in the discussion.


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Council Member Rich spoke to the importance of this being passed.

Council Member Walker urged people to vote for this Constitutional amendment and indicated that an informational brochure is available from the Registrar on this amendment as well as the other Constitutional amendments before the voters in November.

Councilman Euille suggested that the local realtors be contacted so that people moving into the City could be handed a brochure with respect to registering to vote.

Vice Mayor Donley complimented the leadership of Ms. Beidler for doing an excellent job of getting out into the community providing a much greater opportunity for people to register to vote.

Councilwoman Pepper suggested the possibility of being able to vote, register and acquire information electronically via the computer sometime in the future.)

WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution. The voting was as follows:

Rich "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Pepper "aye"

The resolution reads as follows:
RESOLUTION NO. 1704
WHEREAS, the U.S. Congress approved and the President of the United States signed the National Voter Registration Act in May, 1993; and

WHEREAS, the Act allows voters in federal elections to register by mail and prohibits states from canceling a voter's registration for federal elections because of a failure to vote; and

WHEREAS, these provisions are in conflict with Virginia's present Constitution; and

WHEREAS, the Virginia General Assembly has twice approved a Constitutional amendment to delete the requirement that voters must apply in person to register, and to eliminate the requirement for canceling a voter's registration for failure to vote in four years; and

WHEREAS, voter approval of this Constitutional amendment at the polls on November 8 will allow the Virginia General Assembly to modify voter registration procedures in accord with the National Voter Registration Act; and

WHEREAS, defeat of the Constitutional amendment will require Virginia to maintain two separate registered voter lists (one for persons registered only for federal elections and a second list for persons registered for state, local and federal elections); and

WHEREAS, two separate registration lists will cause confusion and frustration among voters and add to state and local expense; and

WHEREAS, voter turnout in the United States has been declining; and
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WHEREAS, studies show that increases in voter registration result in increased voter turnout; and

WHEREAS, the provisions of the National Voter Registration Act will enable Virginians to maintain their qualifications to vote more efficiently;

NOW, THEREFORE, BE IT RESOLVED that City Council supports passage of the Constitutional amendment on voter registration procedures, and encourages the voters of the City to cast their ballots in favor of the amendment.

15. Consideration of Transfer of Monies from Contingent Reserves for the Alexandria Economic Development Program.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendations of the Alexandria Economic Development Board of Directors, adopted June 27, 1994, to: (1) transfer $24,000 of the $50,000 budgeted within contingent reserves for the Alexandria Economic Development Program (account #103556-2624) to the Alexandria Economic Development Program (account #105403-2624). These monies would be matched by $24,000 in the private sector funds and would be used to: (a) contract with an economic development consultant to develop a five-year strategic plan ($3,500); (b) develop and publish three marketing publications ($7,500); and (c) fund the first year of an Administrative/Marketing Assistant for the Economic Development Program ($13,000). The Economic Development Board has also recommended that the $26,000 remaining in FY 1995 contingent reserves for the Alexandria Economic Development Program be appropriated in $13,000 installments in FY 1996 and in FY 1997, to fund the Administrative/Marketing Assistant through FY 1997. (2) transfer $12,500 budgeted in general contingent reserves (account #103556-2707) to the Alexandria Economic Development Program (account #105403-2624). These monies would be matched by private sector funds and would be used to fund the annual $25,000 membership fee for the City to join the Greater Washington Marketing Partnership. The voting was as follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

16. Consideration of Allocation of Monies from contingent Reserves for the Urban League's Americorps Program.

(A copy of the City Manager's memorandum dated September 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/13/94, and is incorporated herewith as part of this record by reference.)

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(General Discussion. WITHOUT OBJECTION, Debbie Brown-Anderson, Director of Programs for the Northern Virginia Urban League, and George Lambert, CEO, Northern Virginia Urban League, spoke to this item. Members of City Council asked questions of Ms. Brown-Anderson.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Euille and carried unanimously, City council approved the transfer of $75,129 from Contingent Reserves (Account #103556-2695) to the Human Services Contributions (Account #120964-2410) for the City's share of the local match portion of the Americorps "Service to Alexandria" grant received by the Northern Virginia Urban League. The voting was as follows:

Rich "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Pepper "aye"
Walker "aye"

17. Consideration of the Five-Year Training Plan for the Alexandria Office of Employment Training.

(A copy of the City Manager's memorandum dated September 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/13/94, and is incorporated herewith as part of this record by reference.)

Councilman Cleveland spoke to micro-enterprise. He indicated that he is not only taking this recommendation to the Chamber of Commerce, but also into the schools and the business community itself.)

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WHEREUPON, upon motion by vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council (1) approved the "Five-Year Training Plan for the Alexandria Office of Employment Training"; (2) commended the Private Industry Council (PIC) and the Commission on Employment (ACE) for their efforts; and (3) directed the ACE to oversee the implementation of the Training Plan. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Council Member Rich spoke to the excellent retreat that was held this past weekend. He requested that when the results of the retreat are finalized that they be docketed for receipt or discussion at the next meeting, September 27. He felt that what Council and staff did at Airlie was very productive. He stated that it bodes well for a new Council working together.

Mayor Ticer agreed with his comments. It was an excellent retreat. She stated that she thought that everyone who attended felt that way. Certainly the staff did and everybody on Council whom she had spoken with has implied it, if not said it.

(b) Councilman Euille endorsed what Council Member Rich said about the retreat. He indicated as a new Member of Council, he found it to be a very positive, educating, refreshing opportunity to interact with his colleagues on Council, the City Manager and her staff. He stated that October 1, he and Lois will have been in office ninety days and it seems like it has been a year already. He indicated that it has been an awful lot of work to learn the government process and meet people, etc. He stated for the audience that he thought he knew the City government because he lived here all of his life, done things with the government, inside and outside, but he has gotten to know this government much better since he has had an opportunity to be privy to certain information and to get the Manager's ear on a first call basis and as well as other staff members. He wanted the public to know that we have the best City management government process in the entire country. He stated that he has not found any faults with the process, the staff is very well trained, they listen to your concerns and they are receptive to your concerns. He wanted everyone to know that if you have concerns or issues, please feel free to contact the City Manager or any of the Department Heads and express yourselves. You are welcome to contact your Council Members, but the City government is open and ready to serve you.

(c) Councilman Euille spoke to the gridlock experienced in the City today. He indicated that he is aware of a Traffic and Parking Board. He stated that he knows the concerns and the future planning for Woodrow Wilson Bridge and some things that will happen with the Beltway are future items down the road, but he would like to recommend to the Traffic and Parking Board, since the matter of Old Town parking is out of the way, that the Board consider looking at what we can do in the short run to help solve the gridlock problem in this City. He stated that it started today at 4:00 p.m. and at 7:15 p.m. it was still a mess.

Mayor Ticer indicated that she was also in it and was not a happy camper. She indicated that she was on the road for one hour and fifty minutes.

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The City Manager stated that there was evidently a very bad accident on the Woodrow Wilson Bridge which had an incredible rippling effect. There is construction south of here on Shirley Highway and construction on I-66 which have an impact.

Mr. O'Kane stated that the traffic at one point was backed up from the Wilson Bridge almost to Springfield and then around the Beltway to Route 236. It was indicated that there was an accident on the bridge and whenever the Beltway shuts down in the afternoon it's going to be our streets that get the hit. There is just no alternative. One of the things that we talked about before is of having a southern or eastern by-pass. We are just inundated and there is just no place for the traffic to go when situations like that occur. You can have all of the incident management in the world but it just jams up. He indicated that there is construction on the Wilson Bridge itself and you will see more of that once we reach a decision on what to do with the Wilson Bridge. There are major repairs that have to be done to the bridge in the short term.

(d) Council Member Walker echoed Councilman Euille's statement thanking the City staff and the Manager for their assistance in transition. She stated that she thinks Bill and she really are prepared to work with everybody for the next three years, thanks to all of them, and all of the help on the recent retreat. She indicated that she thinks Council has just been given information, questions have been answered very quickly and she is very excited about working with all of you for the next few years.

(e) Councilman Euille stated that just so we don't lose sight of some of the positive excitement that has occurred in our City, he would like the City Manager to highlight for the public the awards the Police Department has received.

The City Manager stated that the City has received several awards with regard to our Police Department. Last week The National Center for Missing and Exploited Children selected the Alexandria Police Department as the 1994 recipient being recognized as an exemplary force in child protection. They stated this will set the standard for excellence by which the award will be given in the future. The presentation was presented at the National Center for Missing and Exploited Children's 10th anniversary dinner at the Ritz-Carlton Hotel.

The City Manager indicated that the City has received an award with regard to the Police Community Program and the Residential Police Officers and our efforts with the Bicycle Patrol to really extend ourselves out into the community. She stated that we have been recognized by a group in Baltimore and the Police are going to be there involved in a panel. She indicated that we have received word that we are receiving another prestigious State award, but that it not be released publicly at this time. Council will get information tomorrow on the award that we will be receiving for our efforts in reaching out to the community through a variety of our programs. Also, they won the award for the Best Uniformed Police in America. She stated that three years ago we won the International City Management Association Award for our efforts to become a part of the community.

Mayor Ticer stated that it would be very interesting for us and for the community to list in one place all of the awards that the City has received. She knows it would be very impressive.







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The City Manager stated that is an excellent suggestion. Staff will do a docket item on it and have it available perhaps in a pamphlet form for wide dissemination for both the business and residential community.

Councilwoman Pepper suggested that staff find an appropriate year, like 1985, and start from there.

(f) Mayor Ticer spoke to the award that the Archaeology Program won from America's Most Livable Communities and Entrepreneurial American Leadership. "Through its imaginative community archaeology program, this historic port city on the Potomac River has uncovered its rich African-American heritage. The long-term public program dates to the 1960s, when many fine old homes were lost to urban renewal. Since then, city archaeologists, aided by enthusiastic citizens, have unearthed more than one million artifacts, many documenting the development of neighborhoods and churches of freed slaves in the eighteenth and nineteenth centuries...... "

Ben Brenman stated that the Archaeology Program is very happy to get the award and this just urges them along for greater and greater achievements.

(g) Vice Mayor Donley stated that about two years ago the Council instituted a legislative committee that tracked items that went before the General Assembly and met every Friday afternoon while the General Assembly was in session. He proposed that Council have an ad hoc two-member legislative committee. This would not be an official committee. It would meet on an ad hoc basis every Friday afternoon, but only with City staff. It would receive a brief discussion and update of what's happening in the General Assembly in Richmond. It would still be the job of this Council to take the formal actions through our legislative package and through reports that are received every two weeks from the City Attorney's Office regarding the status of pending legislation, the status of City bills we wanted to support, or the charter bill. The legislative committee could give some indication of how the Council might feel on legislative developments that might occur. He has talked with Council Member Walker and she has expressed an interest in serving on this Committee with him.

WITHOUT OBJECTION, Council established the informal ad hoc committee consisting of the Vice Mayor and Council Member Walker. In the meantime, they will work with the City Attorney's Office to help develop the legislative package that will come before the Council prior to this year's General Assembly Session and will work on the weekly updates.

The City Manager stated that this committee could also review the requests that come in from the Boards and Commissions.

(h) Mayor Ticer reported on the visit by the City Manager, Chief Samarra and herself to the south lawn of the White House for the ceremony on the signing of the Crime Bill.




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ORDINANCES AND RESOLUTIONS (continued)

21. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE to adopt Supplement 41 of The Code of the City of Alexandria, 1981, as amended. [No public hearing required. [ROLL-CALL VOTE]

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

Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3748

AN ORDINANCE adopting supplemental pages for The Code of the City of Alexandria, Virginia, 1981, as amended, and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sections and portions thereof set forth in the supplemental and replacement pages for The Code of the City of Alexandria, Virginia, 1981, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 41," are hereby adopted as and shall constitute "The Forty-First Supplement to The Code of the City of Alexandria, Virginia, 1981."

Section 2. That the sections and portions thereof set forth in "The Forty-First Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be in force and effect on and after the effective date of this ordinance, and all ordinances of a general and permanent nature which were adopted between December 17, 1993, and April 16, 1994, and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, as amended are hereby repealed, except as otherwise provided in section 3 of this ordinance.

Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any ordinance adopted after June 25, 1992, which amends the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended; nor shall it affect any ordinance saved from repeal by Ordinance No. 1250; nor shall it affect any ordinance listed in appendices A through J, both inclusive, of The Code of the City of Alexandria, Virginia, 1981, or any pages supplemental to such appendices; nor shall it affect any provision of any ordinance adopted between December 17, 1993 and April 16, 1994, which is inadvertently omitted from or erroneously incorporated into The "Forty-First Supplement to The Code of the City of Alexandria, Virginia, 1981," or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.




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Section 4. That one complete set of pages comprising "The Forty-First Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the supplemental and replacement pages of such supplement shall be properly inserted into the copy of The Code of the City of Alexandria, Virginia, 1981, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.

Section 5. This ordinance shall become effective upon the date and at the time of its final passage.

PATRICIA S. TICER
Mayor


Introduction: September 13, 1994
First Reading: September 13, 1994
Second Reading: September 13, 1994
Final Passage: September 13, 1994

22. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE to adopt Supplement 3 of the City of Alexandria Zoning ordinance. [No public hearing required. ROLL-CALL VOTE]

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

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3749

AN ORDINANCE adopting supplemental pages for the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended, and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sections of the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended ("Zoning Ordinance"), and the portions thereof, set forth in the supplemental and replacement pages for the Zoning Ordinance, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 3," are hereby adopted as and shall constitute "The Third Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992."






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Section 2. That the sections of the Zoning Ordinance, and the portions thereof, set forth in "The Third Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992," shall be in force and effect on and after the effective date of this ordinance, and all ordinances amending the text of the Zoning Ordinance which were adopted between February 23, 1994, and May 10, 1994, inclusive, and which are not included in such supplement or in the Zoning Ordinance are hereby repealed, except as otherwise provided in section 3 of this ordinance.

Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any provision of any ordinance amending the Zoning Ordinance which was adopted between February 23, 1994, and May 10, 1994, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Third Supplement to The Zoning Ordinance of the City of Alexandria, Virginia, 1992"; nor shall it affect any ordinance adopted after May 10, 1994.

Section 4. That one complete set of pages comprising "The Third Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the pages comprising such supplement shall be properly inserted into the copy of the Zoning Ordinance of the City of Alexandria, Virginia, 1992, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.

Section 5. This ordinance shall become effective upon the date and at the time of its final passage.

PATRICIA S. TICER
Mayor



Introduction: September 13, 1994
First Reading: September 13, 1994
Second Reading: September 13, 1994
Final Passage: September 13, 1994

OTHER

23. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated September 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 9/13/94, and is incorporated herewith as part of this record by reference.)

(General Discussion.)




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WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Council Members Walker and Rich and carried unanimously, City Council (1) adopted the calendar of City Council meetings for September, 1994 - June, 1995, as amended, by changing the November 8 Regular Meeting to Wednesday, November 9, because of election day; (2) noted that the Commission on Women has scheduled a reception at 6:00 p.m. in Room 2000 prior to the September 27 City Council meeting; (3) scheduled the dedication of the Bernard Hunter/Helen Miller Playground located at Queen and Fayette Streets at 6:45 p.m. on September 27, immediately after the Commission on Women Reception; (4) scheduled the following work sessions: the Social Services Advisory Board Work Session on Monday, September 26, 1994, at 7:00 p.m. in the Council Workroom; BFAAC Work Session on Tuesday, October 11, at 5:30 p.m. in the Council Workroom; and School Board Work Session on Wednesday, October 19 at 7:00 p.m. (Workroom or Lyceum); (5) noted that the Alexandria Commission on Persons with Disabilities is holding their annual reception for City Council in honor of Disability Awareness Month at 7:00 p.m. in Room 2000 before the October 11 Council meeting; and (6) noted that the Alexandria Commission on Employment is holding a reception at 6:30 p.m. in Room 2000 before the October 25 Council meeting to recognize employers who hired youth for the Summer Jobs for Alexandria Youth Program and noted the Saturday, September 17, Dedication of a plaque for time capsule at G.W. Middle School at 8:30 a.m. The voting was as follows:

Pepper "aye" Ticer "aye"
Walker "aye" Donley "aye"
Rich "aye" Cleveland "aye"
Euille "aye"

CONTESTED APPOINTMENTS

24. Alexandria Budget and Fiscal Affairs Advisory Committee
1 Citizen Member

(The following persons volunteered for appointment to the above Committee:)

NAME ENDORSED BY:

Lisa Chimento

Deborah Kalcevic

Lisa Kittner

Carl Schwartz, Jr.

Gregory Wade

Thomas Walczykowski

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 24; 9/13/94, and is incorporated herewith as part of this record by reference.)







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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Lisa Chimento as a Citizen Member to the Alexandria Budget and Fiscal Affairs Advisory Committee. The voting was as follows:

Ticer - Chimento
Donley - Chimento
Cleveland - Wade
Euille - Chimento
Pepper - Chimento
Rich - Chimento
Walker - Chimento

25. Alexandria Commission on Employment
2 Business Members

(The following persons volunteered for appointment to the above Commission:)

NAME ENDORSED BY:


Robyn Fitzgerald*

James Lapsley*

*Residency Waiver Required

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 25; 9/13/94, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirements and appointed Robyn Fitzgerald and James Lapsley as Business Members to the Alexandria Commission on Employment. The voting was as follows:

Ticer - Fitzgerald, Lapsley
Donley - Fitzgerald, Lapsley
Cleveland - Fitzgerald, Lapsley
Euille - Fitzgerald, Lapsley
Pepper - Fitzgerald, Lapsley
Rich - Fitzgerald, Lapsley
Walker - Fitzgerald, Lapsley

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26. Alexandria Early Childhood Commission
1 Citizen Member

(The following persons volunteered for appointment to the above Commission:)

NAME ENDORSED BY:


Paul Bateman

Judith Ferris

J. Glenn Hopkins

Judith Walter*

Ruth Zuniga

*Residency Waiver Required

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 26; 9/13/94, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed J. Glenn Hopkins as a Citizen Member to the Alexandria Early Childhood Commission. The voting was as follows:

Ticer - Hopkins Donley - Hopkins Cleveland - Hopkins Euille - Hopkins Pepper - Hopkins Rich - Hopkins Walker - Hopkins

27. Alexandria George Washington Birthday Celebration Committee
1 Member Nominated by the Masonic Fraternity

(The following persons volunteered for appointment to the above Committee:)

NAME ENDORSED BY:
Robert McMarlin* Skidmore Lodge #237
*Incumbent
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 27; 9/13/94, and is incorporated herewith as part of this record by reference.)







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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and reappointed Robert McMarlin as a Member Nominated by the Masonic Fraternity to the Alexandria George Washington Birthday Celebration Committee. The voting was as follows:

Ticer - McMarlin
Donley - McMarlin
Cleveland - McMarlin
Euille - McMarlin
Pepper - McMarlin
Rich - McMarlin
Walker - McMarlin

28. Alexandria Human Rights Commission
1 Citizen Member

(The following persons volunteered for appointment to the above Commission:)

NAME ENDORSED BY:

Edward Cabot, Jr.

Nancy Jenkins

Barbara Parks

John Rosenberg

John Summers

Christopher Yukins

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 28; 9/13/94, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Nancy Jenkins as a Citizen Member to the Alexandria Human Rights Commission. The voting was as follows:

Ticer - Jenkins
Donley - Yukins
Cleveland - Jenkins
Euille - Jenkins
Pepper - Jenkins
Rich - Yukins
Walker - Yukins







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New Business Item No. 1: WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilmen Cleveland and Euille and carried unanimously, at 9:40 p.m., City Council convened an executive session at the close of this meeting for the purpose of

consulting with legal counsel pertaining to the following litigation involving the City of Alexandria, and/or its officers and employees, pursuant to Virginia Code 2.1-344(A)(7):

Snyder v. City of Alexandria, et al., a case pending in the United States District Court for the Eastern District of Virginia, which involves the 1986 prosecution of and conviction of the plaintiff, Walter T. Snyder

Perkins v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves a challenge to the June 1992 rezoning of the property at 520 North Fayette Street

The voting was as follows:

Donley "aye" Ticer "aye"
Cleveland "aye" Pepper "aye"
Euille "aye" Rich "aye"
Walker "aye"


New Business Item No. 2: WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried on a ROLL-CALL vote of 6-to-0, at 10: 53 p.m., City Council reconvened the meeting and adopted the Resolution pertaining to the executive session. The voting was as follows:

Pepper "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Rich out of room
Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1705
WHEREAS, the Alexandria City Council has this 13th day of September 13, 1994, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;


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NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried on a vote of 6-to-0, at 10:55 p.m., the Regular Meeting of September 13, 1994, was adjourned. The voting was as follows:

Pepper "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Rich out of room
Walker "aye"


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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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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