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Regular Meeting
Tuesday, March 9, 1993 - - 7:30 pm

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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, and David G. Speck.

Absent: Council Member Lonnie C. Rich.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Gitajn, Director of Financial and Information Services; Mr. Platky, Director of Management and Budget; Ms. Marczak, Deputy Director of Management and Budget; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Garrity, Coordinator of Intergovernmental Relations; Mr. Cyphers, Director of Human Services; Ms. Davis, Director of Housing; Mr. Lynn, Director of Planning and Community Development; Ms. Boyd, Director of Citizen Assistance; Mr. Neckel, Director of Finance; Dr. Lipsman, Director of Health; Acting Fire Chief Gower; Chief Fire Marshal Conner; Mr. Whitmore, Director of Emergency Medical Services and members of Emergency Medical Services; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mr. Noelle, Arborist; Ms. Patricia Reichler, Special Assistant to the City Manager; Ms. Fayne, Administrator of Human Rights Office; Ms. Gattsek, Director of Office on Women; Mr. Looney, Division Chief of Landlord/Tenant Relations; Mr. McMahon, Deputy Director of General Services; and Lieutenant Crawford, Police Department.

Recorded by: Susan K. Seagroves, Deputy City Clerk and Clerk of Council.

OPENING

The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present except Council Member Rich.

The Invocation was pronounced by Dr. A. George Pera, Pastor, Westminster Presbyterian Church.

3. THERE BEING NO DISCUSSION, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously by all those present, City Council approved the minutes of (a) the Public Hearing Meeting of February 20, 1993; and (b) the Regular Meeting of February 23, 1993, as submitted. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich absent
Speck "aye"
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4. THERE BRING NO DISCUSSION, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously by all those present, City Council received the report of the City Clerk and Clerk of Council dated March 3, 1993, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 3/9/93, and is incorporated herewith as part of this record by reference. The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich absent
Speck "aye"

5. Presentation of Proclamation Declaring Saturday, March 13, 1993, as St. Patrick's Parade Day. (Councilwoman Pepper)

(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; 3/9/93, and is incorporated herewith as part of this record by reference.)

(Councilwoman Pepper presented the proclamation.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:

Cleveland "aye" Jackson '"aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich absent
Speck "aye"

6. Presentation of Proclamation Honoring Dr. John P. McDade upon His Retirement as Medical Director of the Emergency Medical Services for the City of Alexandria.

(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; 3/9/93, and is incorporated herewith as part of this record by reference.)

(Councilman Jackson presented the proclamation.

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Jackson and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:

Pepper "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Jackson "aye" Rich absent
Speck "aye"
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR 7 - 14; 19 - 23

WITHOUT OBJECTION, City Council withdrew Docket Item No. 13 from the Consent Calendar.

7. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:

(a) Alexandria Task Force on AIDS
Linda Currie-Cohen
Richard A. Levy, Jr.

(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. 7(a); 3/9/93, and is incorporated herewith as part of this record by reference.)

8. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Ad Hoc Historic Design Guidelines Advisory Committee,

1 Representative from the Historic Alexandria Resources Commission

(b) Alexandria Convention and Visitors Bureau Board of Directors
1 Member of the Old Town Civic Association

1 Member of The Alexandria Association

(c) Alexandria Environmental Policy Commission
1 Member from the Field of Ecology

(d) Historic Alexandria Resources Commission
1 Representative from the Torpedo Factory Artists' Association

1 Representative from The Alexandria Association

(e) Alexandria Public Health Advisory Commission
1 Representative of the Alexandria Emergency Services Council
(f) Alexandria Urban Design Advisory Committee
2 Representatives from the Old Town North Business Community

2 Residents from the Residential Community of Old Town North

(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. 8 (a)-(f); 3/9/93, and is incorporated herewith as part of this record by reference.)

9. Consideration of Request to Vacate a Position on the Alexandria Commission on the Status of Women.

(A copy of the City Manager's memorandum dated February 23, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 3/9/93, and is incorporated herewith as part of this record by reference.)
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10. Receipt of the Annual report for the Board of Zoning Appeals, January 1, 1992 through December 31, 1992.

(A copy of the City Manager's memorandum dated February 12, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 3/9/93, and is incorporated herewith as part of this record by reference.)

11. Consideration of an Allocation of Appropriated Funds for Facility Modifications at the Alexandria Health Department Including Modifications at the Dental Clinic as Required under the Federal Occupational Safety and Health Administration Regulations.

(A copy of the City Manager's memorandum dated March 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/9/93, and is incorporated herewith as part of this record by reference.)

12. Consideration of a Request to Prohibit Through Trucks on U.S. Route 1 Through the City from I-95/I-495 (Capital Beltway) to Four Mile Run and Setting it for Public Hearing on Saturday, March 20, 1993.

(A copy of the City Manager's memorandum dated March 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/9/93, and is incorporated herewith as part of this record by reference.)

14. Consideration of Appointing an Interim Operational Medical Director for the Emergency Medical Services Program.

(A copy of the City Manager's memorandum dated February 26, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/9/93, and is incorporated herewith as part of this record by reference.)

19. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for a bay window located at 1121 King Street.

(A copy of the proposed 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; 3/9/93, 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; 3/9/93, 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 authorize the city manager to promulgate regulations governing the construction, operation and maintenance of swimming pools, spa pools and health clubs in the city, and to repeal, as of the effective date of the new regulations, the existing regulations in the city code that govern the construction and maintenance of swimming pools and health spas in the city.

(A copy of the City Manager's memorandum dated March 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 3/9/93, and is incorporated herewith as part of this record by reference.
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A copy of the proposed Administrative Regulation 20-6 of Swimming Pools, Spa Pools and Health Clubs is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 3/9/93, and is incorporated herewith as part of this record by reference.

A copy of the proposed 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. 3 of Item No. 20; 3/9/93, 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. 4 of Item No. 20; 3/9/93, and is incorporated herewith as part of this record by reference.)

21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the City of Alexandria Zoning Ordinance to allow new development to obtain a reduction in the number of required parking spaces by special use permit.

(A copy of the proposed 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. 21; 3/9/93, 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. 21; 3/9/93, and is incorporated herewith as part of this record by reference.)

22. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to establish the tax rates to be levied for calendar year 1993 as follows: (1) all real estate located within the territorial boundaries of the city, to be taxed at a rate of $1.075 on each $100.00 of assessed value; (2) all motor vehicles, trucks, taxicabs, motorcycles, campers and other recreational vehicles, boats, trailers, and semi-trailers owned or held by residents or citizens of the city or located within the territorial boundaries of the city or otherwise having a situs for taxation in the city to be taxed at the rate of $4.75 on each $100.00 of assessed value; (3) all tangible personal property, other than mobile homes, automobiles, trucks, antique motor vehicles, taxicabs, motor vehicles with specially designed equipment for use by the handicapped, motorcycles, campers and other recreational vehicles, boats and trailers, that is owned or held by residents or citizens of the city and located within the territorial boundaries of the city or otherwise has a situs within the city, to be taxed at the rate of $4.75 on each $100.00 of assessed value; (4) all machinery and tools used in a mining or a manufacturing business, to be taxed at the rate of $4.50 on each $100.00 of assessed value; (5) all mobile homes owned or held by residents or citizens of the city or located within the territorial boundaries of the city or otherwise having a situs in the city subject to taxation, to be taxed at the rate of $1.075 on each $100.00 of assessed value; (6) all antique motor vehicles owned or held by residents or citizens of the city or located within the territorial boundaries of the city or otherwise having a situs for taxation in the city to be taxed at the rate of $0.01 on each $100.00 of assessed value; and (7) all motor vehicles with specially designed equipment for use by the handicapped to be taxed at the rate of $3.55 per $100 of assessed value.
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(A copy of the proposed 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. 22; 3/9/93, 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. 22; 3/9/93, and is incorporated herewith as part of this record by reference.)

23. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the city code provisions relating to the city's meals tax so to extend the meals tax to alcoholic beverages sold in a restaurant whether or not served as part of a meal.

(A copy of the City Manager's memorandum dated March 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 3/9/93, and is incorporated herewith as part of this record by reference.

A copy of the proposed 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. 2 of Item No. 23; 3/9/93, 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. 3 of Item No. 23; 3/9/93, and is incorporated herewith as part of this record by reference.

A copy of a communication received on this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 23; 3/9/93, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously by all those present, City Council approved the consent calendar as presented with the exception of Docket Item #13 which was considered under separate motion. The City Manager's recommendations are as follows:

7. City Council received the following resignations with regret: (a) Linda Currie-Cohen and Richard A. Levy, Jr. from the Alexandria Task Force on AIDS; and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
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8. City Council (a) reappointed Morgan Delaney as a Representative from the Historic Alexandria Resources Commission to the Alexandria Ad Hoc Historic Design Guidelines Advisory Committee; (b) reappointed Francis Slate as a Member of the Old Town Civic Association and appointed Judith Mackaness as a Member of The Alexandria Association to the Alexandria Convention and Visitors Bureau Board of Directors; (c) appointed David Soltis as a Member from the Field of Ecology to the Alexandria Environmental Policy Commission; (d) reappointed Mirella Belshe as a Representative from the Torpedo Factory Artists' Association and reappointed John Hynan as a Representative from The Alexandria Association to the Historic Alexandria Resources Commission; (e) appointed James Brayshaw as a Representative of the Alexandria Emergency Medical Services Council to the Alexandria Public Health Advisory Commission; and (f) appointed Peter Labovitz and Roger Machanic as Representatives from the Old Town North Business Community and appointed Marian Clarke and Jean Thompson as Residents from the Residential Community of Old Town to the Alexandria Urban Design Advisory Committee.

9. City Council declared one citizen position on the Commission on the Status of Women vacant and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy.

10. City Council received the report and thanked the Board of Zoning Appeals for their efforts on behalf of the City.

11. City Council allocated $41,300 from Account 040006-9712 (Cash Capital) to Account 220400-2106 (Health Department Renovations) for modifications at the Alexandria Health Department facility on North Saint Asaph Street including modifications in the Dental Clinic that are required under the Federal Occupational Safety and Health Administration (OSHA) Regulations. Funds for this project are available in the FY 1993 cash capital monies designated for Health Department accounts.

12. City Council set this item for public hearing at the March 20, 1993 Council meeting.

14. City Council approved the designation of Dr. James Vafier as interim Operational Medical Director for the City's Emergency Medical Services System until June when Council will receive a recommendation from staff for designation of a physician to serve in this capacity on a permanent basis.

19. City Council introduced and passed the ordinance on its First Reading and set it for Public Hearing, Second Reading and Final Passage on Saturday, March 20, 1993.

20. City Council introduced and passed the ordinance on its First Reading and set it for Public Hearing, Second Reading and Final Passage on Saturday, March 20, 1993.

21. City Council introduced and passed the ordinance on its First Reading and set it for Public Hearing, Second Reading and Final Passage on Saturday, March 20, 1993.

22. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing on Thursday, March 25, 1993, and Second Reading and Final Passage on Wednesday, May 5, 1993.

23. City Council introduced and passed the ordinance on its First Reading and set it for Public Hearing on Thursday, March 25, 1993, and Second Reading and Final Passage on Wednesday, May 5, 1993.

END OF CONSENT CALENDAR
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The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich absent
Speck "aye"

13. Consideration of Renewal of the Contract Between the Office of Human Rights and the U. S. Equal Employment Opportunity Commission (EEOC).

(A copy of the City Manager's memorandum dated February 25, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/9/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council authorized the City Manager to submit a renewal contract to the EEOC for funding, in the amount of $68,150, for the Alexandria Office of Human Rights to continue as a Fair Employment Practice Agency (FEPA). The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich absent
Speck "aye"

15. Public Hearing on and Consideration of a Request by the Owner to Remove a Specimen Tree Located on Lot 524 of the Jefferson Park Subdivision at 306 Woodland Terrace. (#13 2/20/93)

(A copy of the City Manager's memorandum dated February 24, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/9/93, and is incorporated herewith as part of this record by reference.

A copy of communications received on this item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 15; 3/9/93, 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 Donley and carried unanimously by all those present, City Council (1) rescinded the specimen tree designation of the 27" specimen oak tree located on lot 524 of the Jefferson Park subdivision at 306 Woodland Terrace (Attachment I to the City Manager's report); and (2) approved the removal of the tree, due to its poor condition as determined by the City Arborist. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich absent
Speck "aye"
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16. Consideration of the Approval of Local Matching Funds for the Alexandria Escort/Transportation Program Proposal from the Comprehensive Services for At-Risk Children.

(A copy of the City Manager's memorandum dated March 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/9/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously by all those present, City Council approved the commitment of $5,000 in local matching funds during FY 1994, for a proposal submitted by a consortium of local agencies to establish an escort/transportation service for disadvantaged children and their caretakers (Attachment I to the City Manager's memorandum. The consortium proposal, which includes transport services for the elderly, requested $9,500 in matching funds. The Commission recommends that only $5,000 be approved for the youth portion of the program. The Commission further recommends that if the consortium is unable to obtain matching funding by June 30, 1993, the City's local matching funds be released to another project. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich absent
Speck "aye"

17. Consideration of the Federal Fiscal Year 1993 Home Investment Partnerships (HOME) Program.

(A copy of the City Manager's memorandum dated March 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 3/9/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously by all those present, City Council (1) approved the Program Description for the FFY 1993 Home Investment Partnerships Program (Attachment I to the City Manager's memorandum) and authorized its submission to the U.S. Department of Housing and Urban Development (HUD); and (2) authorized the City Manager to execute documents required by HUD for the receipt of the grant and implementation of the HOME program. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich absent
Speck "aye"
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

18. Consideration of the January 1993 Resolution from the Landlord-Tenant Relations Board Regarding Voluntary Rent Guidelines.

(A copy of the City Manager's memorandum dated March 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/9/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously by all those present, City Council set the Landlord-Tenant Relations Board Resolution on Voluntary Rent Guidelines for a Work Session to review the issues at 7:00 p.m. prior to the March 23 legislative meeting with consideration at the March 23 legislative session to allow Board Chair Michael Ahern, a landlord member who is Vice President for Management and Operations of the Mark Winkler Company, and Board Member Raymond Johnson, who occupies the minority homeowner seat, to present their positions to Council at that time. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich absent
Speck "aye"

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilman Jackson addressed to Mr. O'Kane, Director of Transportation and Environmental Services, the matter of six No Stopping or Standing signs which were installed in the small alley running between Park Road and King Street. Five of the six signs will be removed tomorrow. Councilman Jackson commended the Department of Transportation and Environmental Services for being extremely efficient, and there has never been a problem before.

(b) Councilwoman Pepper commented on a letter from the Department of Motor Vehicles dated February 25, 1993, advising they have found a site on Eisenhower Avenue for a branch office and asking for an indication from the City that the Eisenhower site is a suitable one, that Alexandria would approve of their moving there and asked that the City vacate its rights-of-way on the Powhatan site property. The City Manager advised that a condition of any vacation of the City's rights-of-way would be that it be developed as either residential or commercial townhouses.

(A copy of the letter dated February 25, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation Item (b); 3/9/93, and is incorporated herewith as part of this record by reference.)

(c) Councilman Donley brought up the concern about the open-endedness of the City's archaeology ordinance and how it impacts development. Col. Brenman, Chair of the Archaeology Commission, has agreed to look at potential time factors for developers and monetary expenditures when they review the ordinance. Councilman Donley thanked the Commission, and advised Council that there may be some amendments proposed for the archaeology ordinance in the coming months. Councilwoman Pepper participated in the discussion.
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(d) Councilman Speck asked for a clarification of the definition of landlord in relation to Council's consideration of Item No. 33, an appointment of a landlord to the Landlord-Tenant Relations Board. Councilman Speck asked that the Landlord-Tenant Relations Board be asked to consider whether they might want to create categories of large or small landlords and to give Council some input in order to fine-tune the ordinance. The Mayor and Ms. Boyd, Director of Citizen Assistance, participated in the discussion.

(A copy of a partial verbatim of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation Item (d); 3/9/93, and is incorporated herewith as part of this record by reference.)

(e) Councilman Speck, in jest, passed the hat to help Jack Kent Cooke in his financial problems. Members of Council and the City Manager participated in the discussion.

(f) Mayor Ticer recognized the death of Jim Marx, President of the Brookville-Seminary Valley Civic Association. Col. Brenman has suggested that a small park in Holmes Run be named for him. Members of Council participated in the discussion.

(g) Mayor Ticer advised that she will write a letter of support for President Clinton's economic plan and will give City Council a copy. Councilwoman Pepper and Councilman Speck participated in the discussion on this item.

(A copy of material distributed by Mayor Ticer on President Clinton's economic plan, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation Item (g); 3/9/93, and is incorporated herewith as part of this record by reference.)

(h) Mayor Ticer requested Council's input on the proposed cost for the Community Forum agenda put together by the Schools/City working group. Mr. Cyphers, Director of Human Services, and Ms. Steele, Deputy City Manager, members of the Schools/City working group, made a report and responded to questions from City Council.

WITHOUT OBJECTION, Lynn Smith, Chair of the PTA Council Committee on Annual Mini-Conference of Parents and Teachers, addressed the issue of stipends for teachers.

Members of Council participated in further discussion about the proposed agenda for the Community Forum, the cost of the Forum, a flyer that is being distributed throughout the community, the grouping policy, and the distribution of materials and information.

(A copy of the flyer is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation Item (h); 3/9/93, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, a motion was made by Councilwoman Pepper, seconded by Vice Mayor Cleveland, to move forward with the Community Forum for March 27 at 8:30 a.m. through 1:00 p.m. and that plenty of opportunity be given so that all sides of this picture get to be heard; which motion FAILED on a vote of 3-to-3. The voting was as follows:

Pepper "aye" Donley "no"
Cleveland "aye" Jackson "no"
Ticer "aye" Rich absent
Speck "no"

A Point of Order was directed to the City Attorney by Councilman Speck that a no-vote on his part would put him in the negative which would make him the prevailing vote and he could call for a reconsideration. The City Attorney concurred with Councilman Speck's statement.

[See page 14 for Council's reconsideration of this item.]

ORDINANCES AND RESOLUTIONS (continued)

24. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE adopting Supplement 36 to The Code of the City of Alexandria, 1981, as amended. (ROLL-CALL VOTE)

The City Clerk read the docket item.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a ROLL-CALL vote of 5-to-0, City Council introduced the ordinance and passed it on First and Second Readings. The voting was as follows:

Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer out of room Rich absent
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3617

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. 36," are hereby adopted as and shall constitute "The Thirty-Sixth Supplement to The Code of the City of Alexandria, Virginia, 1981."

Section 2. That the sections and portions thereof set forth in "The Thirty-Sixth 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 June 24, 1992, and October 17, 1992 and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, are hereby repealed, except as otherwise provided in section 3 of this ordinance.
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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 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 June 24, 1992, and October 17, 1992 which is inadvertently omitted from or erroneously incorporated into The "Thirty-Sixth 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.

Section 4. That one complete set of pages comprising "The Thirty-Sixth 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: 3/9/93
First Reading: 3/9/93
Second Reading: 3/9/93
Final Passage: 3/9/93
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25. Consideration of a Resolution Supporting Petition to Governor Wilder Requesting a Job Development Welfare Reform Demonstration in Alexandria. (Vice Mayor Cleveland and Council Member Rich) (ROLL-CALL VOTE)

(A copy of the proposed resolution is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 3/9/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 5-to-0, City Council referred the resolution to the Social Services Advisory Board and staff for them to review and report back to Council at its first legislative session in April [April 13, 1993]. The voting was as follows:

Donley "aye" Cleveland "aye"
Jackson "aye" Pepper out of room
Ticer "aye" Rich absent
Speck "aye"

After consideration of Docket Item No. 25, City Council returned to Oral Presentation Item (h), and the following transpired:

Oral Presentation Item (h). Councilman Speck, having voted on the prevailing side in this matter previously brought before Council regarding a Community Forum on Instructional Grouping, returned to this item for reconsideration.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously by all those present, City Council moved for reconsideration. The voting was as follows:

Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich absent

(General Discussion. The Mayor, Members of Council and Ms. Steele, Deputy City Manager, participated in the discussion on this item.)

THEREUPON, upon a motion by Councilman Speck, seconded by Councilman Donley and carried on a vote of 5-to-1, City Council approved the Community Forum on Instructional Grouping on Saturday, March 27, at a total cost not to exceed $7,000. The voting was as follows:

Speck "aye" Cleveland "aye"
Donley "aye" Jackson "no"
Ticer "aye" Pepper "aye"
Rich absent
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At this time, City Council returned to consideration of Docket Item No. 26.

26. Consideration of Resolution to Restate and Expand the List of Solid Waste Storage and Disposal Offenses. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated March 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 3/9/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution which restates and expands the list of solid waste storage and disposal offenses under Chapter 1 of Title 5 of the Code of the City of Alexandria. The voting was as follows:

Jackson "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich absent
Speck "aye"

The resolution reads as follows:

RESOLUTION NO. 1637

WHEREAS, the City of Alexandria is engaged in a continuous and vigorous program to reduce the rodent population in the City and to encourage greater citizen participation in all endeavors designed to eliminate the improper storage and disposal of solid waste, a major contributing cause of the rodent problem; and

WHEREAS, the city, pursuant to an Order of the Circuit Court of the City of Alexandria, Virginia, entered May 16, 1980, has been conducting a ticket and prepayable fine system which has materially aided and assisted the efforts of the city to combat problems associated with rodent harborage and improper storage and disposal of solid waste; and

WHEREAS, the city council has determined the need to expand the ticket and prepayable fine system by adding thereto four additional prepayable offenses in order to advance the demonstrated effectiveness of the said system and, therefore, to assist in the rodent abatement and solid waste storage, collection and disposal programs in furtherance of the public health, safety and welfare; and

WHEREAS, the Circuit Court Order of May 16, 1980, should be restated in order that the numbers of the listed violations thereon will be consistent with the 1981 recodification of the Alexandria City Code and generally to increase the amounts of the fines and costs established by said Court Order.
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NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA:

1. That the city council hereby requests that the Circuit Court of the City of Alexandria, Virginia, enter an Order restating the previously approved schedule of prepayable offenses that may be imposed pursuant to Section 16.1-69.40:2 of the Code of Virginia (1950), as amended, in order to renumber each of the listed offenses consistent with the 1981 recodification of the Alexandria City Code and generally to increase the fines and Court costs in every instance.

2. That the Circuit Court add to such Order four additional enumerated offenses, identified below, which shall be prepayable consistent with the terms of the Order.

3. That the Circuit Court amend and restate its Order reconfirming the said ticket and prepayable fine system in the following form:
Prepayable Fine Schedule


DESCRIPTION OF OFFENSE* CITY CODE FINE TOTAL**

Improper storage of food 11-6-8 $15 $41
or feed

Improper feeding of birds 11-6-9 $10 $36
or poultry

Failure to use containers 11-6-10 $35 $61
for garbage, etc.;

Unlawful accumulation of 11-6-11 $50 $76
garbage, etc.

Unlawful accumulation of 11-6-12 $50 $76
unstacked and unelevated
lumber, bricks, firewood, etc.

Failure to provide ratguard 11-6-13 $75 $101
at wharves, docks and slips

Unlawful use of non-approved 5-1-12 $15 $41
waste container
16

Failure to keep cover on 5-1-13 $15 $41
waste container

Failure to securely tie 5-1-14 $10 $36
plastic liners or water-proof
paper bag

Failure to keep waste 5-1-15 $15 $41
container in good condition

Failure to keep area on which 5-1-16 $20 $46
waste container is located clean

Unlawful sunken waste container5-1-17 $15 $41

Improper collection creating a 5-1-33 $50 $76
nuisance or public health hazard

*** Unlawful collector other than 5-1-41(e) $100 $126
City collector

Improper placement of waste 5-1-41(f) $15 $41
container for collection by City

*** Unlawful time of collection 5-1-42(c) $100 $126

*** Unlawful collecting, 5-1-51 $100 $126
transporting, or disposing of
solid waste

Failure of private collector 5-1-59 $75 $101
to comply with regulation

Unlawful disposal site 5-1-71 $75 $101

*** Failure of permit holder to 5-1-74 $75 $101
comply with article

Unlawful accumulation of 5-1-82 $50 $76
garbage, etc. (failure to
comply with 7-day notice)

___________________________

*/ The description of offense is for reference only and is
not a legal definition.

**/ All fines include $26.00 Court costs.

***/ Additional offenses
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OTHER

27. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated March 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 3/9/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council received the updated Council calendar, with the addition of the 7:00 p.m. Work Session on March 23, the 7:00 p.m. Work Session with the Management Consultant on April 19, and the inclusion of the 7:00 p.m. Budget Work Session with the Alexandria Public Schools on April 26. The voting was as follows:

Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich absent
Speck "aye"

CONTESTED APPOINTMENTS

28. Alexandria Board of Architectural Review - Parker-Gray District
1 Architect

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

NAME ENDORSED BY

Peter Comey

Margaret Rast

(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; 3/9/93, 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 Peter Comey as an Architect to the Alexandria Board of Architectural Review--Parker-Gray District. The voting was as follows:

Ticer - Comey
Cleveland - Comey
Donley - Comey
Jackson - Comey
Pepper - Comey
Rich - Absent
Speck - Comey
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29. Alexandria Cable Television Advisory Committee
1 Citizen Member

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

NAME ENDORSED BY

Bert Cieslak

Paul Greenway

Paul Kimball

Larry Radford

Howard Weiss

(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. 29; 3/9/93, 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 Bert Cieslak as a Citizen Member to the Alexandria Cable Television Advisory Committee. The voting was as follows:

Ticer - Cieslak
Cleveland - Kimball
Donley - Cieslak
Jackson - Cieslak
Pepper - Cieslak
Rich - Absent
Speck - Cieslak

30. Alexandria Commission on Aging
1 Representative of Older Persons

(The following person was recommended for appointment to the above Commission:)

NAME ENDORSED BY

Colleen Mallon* Arthur S. Flemming

*Residency Waiver Required
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(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. 30; 3/9/93, 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 requirement and appointed Colleen Mallon as a Representative of Older Persons to the Alexandria Commission on Aging. The voting was as follows:

Ticer - Mallon
Cleveland - Mallon
Donley - Mallon
Jackson - Mallon
Pepper - Mallon
Rich - Absent
Speck - Mallon

31. Alexandria Commission on Employment
1 Business Representative from an Institution Mandated in the Job
Training Partnership Act

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

NAME ENDORSED BY

Billy Pritchett*
(Residency Waiver Required)

*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. 31; 3/9/93, 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 requirement and reappointed Billy Pritchett as a Business Representative from an Institution Mandated in the Job Training Partnership Act to the Alexandria Commission on Employment. The voting was as follows:

Ticer - Pritchett
Cleveland - Pritchett
Donley - Pritchett
Jackson - Pritchett
Pepper - Pritchett
Rich - Absent
Speck - Pritchett
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32. Historic Alexandria Resources Commission
1 Business Representative Designated by the Alexandria Chamber of
Commerce

(The following person was recommended for appointment to the above Commission:)

NAME ENDORSED BY

Alexandria Chamber of Commerce
Clarence Burke*

*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. 32; 3/9/93, 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 requirement and appointed Clarence Burke as a Business Representative Designated by the Alexandria Chamber of Commerce to the Historic Alexandria Resources Commission. The voting was as follows:

Ticer - Burke
Cleveland - Burke
Donley - Burke
Jackson - Burke
Pepper - Burke
Rich - Absent
Speck - Burke

33. Alexandria Landlord-Tenant Relations Board
1 Landlord or a Representative of a Landlord

(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY

Alex Beiro

Cynthia Clare*

*Residency Waiver Required

21

(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. 33; 3/9/93, 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 requirement and appointed Cynthia Clare as a Landlord or a Representative of a Landlord to the Alexandria Landlord-Tenant Relations Board. The voting was as follows:

Ticer - Clare
Cleveland - Clare
Donley - Clare
Jackson - Clare
Pepper - Clare
Rich - Absent
Speck - Beiro

34. Alexandria Urban Design Advisory Committee
1 Qualified Professional Skilled in Urban Design Architecture or
Landscape Architecture

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

NAME ENDORSED BY
Lee Quill

Margot Stephenson

(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. 34; 3/9/93, 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 Lee Quill as a Qualified Professional Skilled in Urban Design Architecture or Landscape Architecture to the Alexandria Urban Design Advisory Committee. The voting was as follows:

Ticer - Quill
Cleveland - Quill
Donley - Quill
Jackson - Quill
Pepper - Quill
Rich - Absent
Speck - Quill
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, at 10:25 p.m., the Regular Meeting of March 9, 1993, was adjourned. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich absent
Speck "aye"

APPROVED BY:

_______________________________
PATRICIA S. TICER MAYOR

ATTEST:

_________________________________
Susan K. Seagroves, Deputy 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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