Regular Meeting
Tuesday, April 12, 1994 - - 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, Lonnie C. Rich, and David G. Speck.
Absent: None.
Also Present: Ms. Steele, Deputy City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Brannan, Assistant City Manager; Mr. Gitajn, Director of Financial and Information Services; Mrs. Godwin, Director of Management and Budget; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Cyphers, Director of Human Services; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Ms. Boyd, Director of Citizen Assistance; Ms. Federico, Director of Historic Resources; Mr. Powers, Director of Division of Community Programs; Mr. Horowitz, Special Assistant to the Director of Human Services; Mr. McMahon, Deputy Director of General Services; Police Chief Samarra; Senator Calhoun; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Assistant Police Chief George; Mr. Garrity, Intergovernmental Relations Coordinator; and Lieutenant Crawford, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
There was a Work Session at 6:00 p.m. in the Council Workroom to discuss how to encourage police officers to live in targeted areas of the City.
Deputy City Manager Steele made introductory remarks.
Deputy City Manager Steele, Assistant City Manager Evans, Chief Samarra, Director of Housing Davis, Director of Financial and Information Services Gitajn, and City Attorney Sunderland, went over the issues listed on the agenda.
The Members of City Council participated in the discussion.
The Work Session was concluded at approximately 7:25 p.m.
(A copy of the Agenda and material for this work session is on file in the office of the City Clerk and Clerk of Council, and incorporated herewith as part of the record.)
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 Drema McAllister-Wilson, Associate Pastor, Fairlington United Methodist Church.
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3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Cleveland, seconded simultaneously by Councilman Donley and Councilwoman Pepper and carried unanimously, City Council approved the Minutes of (a) the Special Public Hearing Meeting held on March 19, 1994 (in lieu of the Regular Public Hearing of March 12, 1994); (b) the Regular Meeting of March 22, 1994; and (c) the Special Meeting of March 24, 1994 (Budget Public Hearing), as submitted. The voting was as follows:
Cleveland "aye" Ticer "aye"
Donley "aye" Jackson "aye"
Pepper "aye" Rich "aye"
Speck "aye"
4. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Cleveland, seconded by Council Member Rich and carried unanimously, City Council received the report of the City Clerk dated April 8, 1994, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/12/94, and is incorporated herewith as part of this record by reference. The voting was as follows:
Cleveland "aye" Donley "aye"
Rich "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
New Business Item No. 1: Mayor Ticer introduced Rita Balian, Co-chair of the Alexandria-Leninakan Exchange Committee. Ms. Balian introduced teacher and students of art and music who are visiting Alexandria. The Mayor was presented with a letter, a copy of manuscripts and the new flag of the independent Armenia. A calendar of events for the visiting students is available in the Citizen Assistance Office and the City Clerk's Office.
5. Presentation of Proclamation Recognizing the Twenty-fifth Anniversary of Second Genesis. (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. 5; 4/12/94, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer presented the proclamation.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"
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6. Presentation of Proclamation Recognizing Mark Buettner, City Horticulturist, and the City's Horticulture Crew for Receiving First Prize in the Municipal Landscape Category of the KEEP VIRGINIA BEAUTIFUL Award Program for the Design and Maintenance of the Flower Beds and Hanging Baskets at City Hall, and the Flower Bed at the George Washington Masonic Memorial.
(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; 4/12/94, and is incorporated herewith as part of this record by reference.)
(Councilman Speck presented the proclamation and plaque.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Jackson and Council Member Rich and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Ticer "aye"
Jackson "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Speck "aye"
7. Presentation of Proclamation Declaring April 1994 as Sudden Infant Death Syndrome Awareness Month in Alexandria. (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. 7; 4/12/94, 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 Jackson and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Donley "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
8. Presentation of Proclamation Declaring the Week of April 17 - 23, 1994, as Alexandria Volunteer Week in the City of Alexandria. (Vice Mayor Cleveland and Councilman 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. 8; 4/12/94, and is incorporated herewith as part of this record by reference.)
(Vice Mayor Cleveland and Councilman Donley presented the proclamation.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper out of room
Ticer "aye" Rich "aye"
Speck "aye"
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9. Presentation of Proclamation Declaring April as Fair Housing Month in 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. 9; 4/12/94, and is incorporated herewith as part of this record by reference.)
(Councilman Jackson presented the proclamation.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 10 - 16; 19 - 20
10. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(a) Alexandria Commission on Aging
Enid France
(b) Alexandria Commission on Employment
Robert Hanley
(A copy of the resignations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 10 (a-b); 4/12/94, and is incorporated herewith as part of this record by reference.)
11. Uncontested Appointments for the following Boards, Commissions and Committees:
(a) Alexandria Archaeological Commission
1 Member-at-Large
(b) Alexandria Transportation Safety Commission
3 Members of the Traffic and Parking Board
(Material pertaining to these appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 11 (a-b); 4/12/94, and is incorporated herewith as part of this record by reference.)
12. Consideration of Request to Vacate a Position on the Alexandria Commission on Employment.
(A copy of the City Manager's memorandum dated April 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/12/94, and is incorporated herewith as part of this record by reference.)
13. Consideration of Grant Application to the Virginia Foundation for the Humanities for Funds for The Lyceum's Community History Project.
(A copy of the City Manager's memorandum dated April 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/12/94, and is incorporated herewith as part of this record by reference.)
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14. Consideration of Grant Application to the U.S. Department of the Interior, National Park Service, Under the Urban Park and Recreation Recovery Program for the Renovation of the Fort Ward Historic Site Amphitheater and the Adjacent Restroom Facility.
(A copy of the City Manager's memorandum dated April 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/12/94, and is incorporated herewith as part of this record by reference.)
15. Consideration of Grant Application to the Virginia Foundation for a Seminar at The Lyceum on "In the Neatest Most Fashionable Manner: Three Centuries of Alexandria."
(A copy of the City Manager's memorandum dated April 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 4/12/94, and is incorporated herewith as part of this record by reference.)
16. Consideration of Grant Application to the Virginia Department of Historic Resources for Funding to Carry Out a Survey of 100-Year-Old-Buildings Outside of the Boundaries of the Old and Historic Alexandria District and the Parker-Gray District.
(A copy of the City Manager's memorandum dated April 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 4/12/94, 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 amend the Zoning ordinance to allow modifications to the ordinance's sign regulations in certain circumstances pursuant to an approved coordinated sign program approved by special use permit.
(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. 20; 4/12/94, 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. 20; 4/12/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried unanimously, City Council approved the Consent Calendar with the exception of Docket Item No. 19 which was considered under separate motion. The City Manager's recommendations are as follows:
10. City Council received the following resignations with regret: (a) Enid France from the Alexandria Commission on Aging; and (b) Robert Hanley from the Alexandria Commission on Employment, and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
11. City Council (a) appointed William Hranicky as a Member-at-Large to the Alexandria Archaeological Commission; and (b) reappointed Paul Cassedy, Anthony Norwood, and C. Peter Schumaier as Members of the Traffic and Parking Board to the Alexandria Transportation Safety Commission.
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12. City Council declared one business position on the Commission on Employment vacant and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy.
13. City Council authorized the City Manager to: (1) submit a grant application to the Virginia Foundation for the Humanities for funding, in the amount of $3,000, for The Lyceum's community history project; and (2) execute all necessary documents that may be required.
14. City Council authorized the City Manager to: (1) submit a grant application to the U.S. Department of Interior, National Park Service, for funding, in the amount of $200,000, for the renovation of the amphitheater and the adjacent restroom facility at Fort Ward Park, and (2) execute all necessary documents that may be required by the April 15, 1994 deadline.
15. City Council authorized the City Manager to: (1) submit a grant application to the Virginia Foundation for the Humanities for funding, in the amount of $1,500, for The Lyceum's seminar on Alexandria silver; and (2) execute all necessary documents that may be required.
16. City Council authorized the City Manager to: (1) submit a grant application in the amount of $9,100 to the Virginia Department of Historic Resources for the historic architecture survey; and (2) execute all necessary documents that may be required.
20. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 16, 1994.
The voting was as follows:
Jackson "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
19. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to prohibit panhandling that is accompanied by aggressive, threatening or other designated behavior. (Councilwoman Pepper and Council Member Rich)
(A copy of the City Manager's memorandum dated April 11, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 4/12/94, and is incorporated herewith as part of this record by reference.
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. 2 of Item No. 19; 4/12/94, 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. 3 of Item No. 19; 4/12/94, and is incorporated herewith as part of this record by reference.
A copy of a letter from the ACLU dated April 12, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 19; 4/12/94, and is incorporated herewith as part of this record by reference.)
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(General Discussion. Council Member Rich stated that this ordinance is a result of both resident and business owner concerns being raised about panhandling in the City. He indicated that this ordinance attempts to regulate panhandling to the extent that it reasonably can. He stated that this is not about regulating homelessness or trying to exclude anybody from this City. He indicated that the ordinance is about regulating aggressive and nuisance behavior. He suggested that Section (b) (2) of the proposed ordinance should be deleted from the ordinance.
The City Attorney recommended that Section (b) (4) be amended by inserting after the word "panhandle" the phrase, "or to receive money or other item of value,". He stated that with Council Member Rich's amendment and with the above amendment the motion would be to pass the ordinance, as amended, on First Reading and set it for Public Hearing on Saturday.
Members of City Council asked questions of the City Attorney. Ms. Boyd, Director of Citizen Assistance, participated in the discussion.
The City Attorney will bring back a substitute ordinance for Saturday, April 16, 1994.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council introduced and passed the ordinance on First Reading, as amended; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 16, 1994. The voting was as follows:
Speck out of room Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Rich "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
At this point, City Council took Docket Item No. 30 out of order.
30. Final Report from the City Attorney on the 1994 Virginia General Assembly Session.
(A copy of the joint City Attorney memorandum dated April 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 4/12/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Ms. Marschean, Legislative Liaison, gave a report on the 1994 Virginia General Assembly Session.
The City Attorney, Senator Calhoun, Mr. Powers, Director, Division of Community Programs, and Members of City Council participated in the discussion.
Councilman Speck requested the staff to provide City Council with a brief report on the kind of mechanics of the Public Inebriation Bill in terms of what, if any, tools that it is going to provide us in terms of dealing with some of the issues of chronic inebriants in the City.)
WITHOUT OBJECTION, City Council received the report.
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17. Consideration of Grant Application to the U.S. Department of the Interior, National Park Service, Under the Urban Park and Recreation Recovery Program for an After-School Academic-Based Recreation Program that Targets At-Risk Youth.
(A copy of the City Manager's memorandum dated April 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 4/12/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Members of City Council and Mr. Kauffman, Director of Recreation, Parks and Cultural Activities, participated in the discussion.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council decided to exceed its budget cap on the number of part-time City positions. City Council (1) approved the submission of the grant application in the amount of $50,000; (2) contingent upon the award of the grant, City Council approved the establishment of the non-benefited part-time grant-funded City positions by twelve 0.15 FTE positions (totaling 72 hours per week). Nine of these positions would serve at the three designated sites as tutors in Language Arts, Reading and English, and Math; the remaining three positions would serve as counselors at each of the sites. These persons would be working with staff from the Department of Recreation, Parks and Cultural Activities, and the Alexandria City Public Schools to provide the services proposed under this grant proposal. These grant-funded positions would terminate upon the expiration of the grant and the individuals who are to fill these positions would be notified of this condition of employment. In addition to the new grant-funded positions, six bus drivers from the Alexandria City Public Schools would be scheduled to work two extra hours per day to provide transportation home for the youth in the program, for a total of sixty additional hours per week for the three sites; and (3) City Council authorized the City Manager to execute all documents that may be required. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck out of room
18. Consideration of City Comments for the 1994 Virginia Department of Transportation Preallocation Hearing.
(A copy of the City Manager's memorandum dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 4/12/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Mr. O'Kane, Director of Transportation and Environmental Services, summarized the proposed comments.
Members of City Council participated in the discussion.)
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WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council (1) approved the projects listed in the memorandum for presentation by staff at the Virginia Department of Transportation Preallocation Hearing for the Northern Virginia District; and (2) authorized staff to transmit the City's list of priorities to the Virginia Department of Transportation. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilman Jackson commended Councilman Donley for his recent actions, as Vice President of Crestar Bank, in detaining a wanted fugitive allegedly responsible for throwing a woman over a fifth floor balcony. He commended Councilman Donley for his perception and fortitude.
Vice Mayor Cleveland presented Councilman Donley with a junior officer badge and commended him for his coolness in the way he handled the situation and for a job well done.
Councilman Donley gave a brief scenario of the events which took place.
(b) Councilman Speck reminded Council of the 1994 Council Bake-Off and bake sale this Saturday, April 16, during the public hearing to benefit the fundraising efforts for Christmas in April. He also announced the yard sale which will take place on April 23 from 9:00 a.m. until 3:00 p.m. in the parking lot at 1900 Mount Vernon Avenue, across from Los Amigos Restaurant. Donations can be brought to the City Clerk's Office beginning April 13.
(c) Councilman Donley pointed out a cooperative effort between the student council at Cora Kelly and the City's Office of Recycling. They are jointly sponsoring a recycling project for the school during which the students will actually not only study about recycling in their science curriculum, but they will also physically sort the garbage. Students will learn about recycling in their classroom. They will also as they grow older as adults respect their environment and also recycle with the same kind of vigor they learn as young people.
(d) Mayor Ticer made a preliminary announcement about the program to take place the week of April 25 with respect to anti-violence and crime. The Mayor had requested staff to start working on this. They were also requested to disseminate information about this week, do press releases, and try to do a public service announcement on cable television.
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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 40 to The Code of the City of Alexandria, Virginia, 1981, as amended. (ROLL-CALL VOTE)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council introduced and finally passed the ordinance on its First and Second Readings. The voting was as follows:
Rich "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3715
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. 40," are hereby adopted as and shall constitute "The Fortieth Supplement to The Code of the City of Alexandria, Virginia, 1981."
Section 2. That the sections and portions thereof set forth in "The Fortieth 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 September 18, 1993, and December 16, 1993, 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 September 18, 1993 and December 16, 1993, which is inadvertently omitted from or erroneously incorporated into The "Fortieth 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 Fortieth 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.
Introduction: 4/12/94
First Reading: 4/12/94
Second Reading: 4/12/94
Final Passage: 4/12/94
22. Consideration of a Resolution Authorizing the City Manager to File for FCC Certification to Regulate Rates for Basic Cable Service in the City of Alexandria. (ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated April 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 4/12/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Jackson and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution authorizing the City Manager to file for FCC certification to regulate rates for basic cable service in the City of Alexandria.
[The members of the Cable Television Advisory Commission were notified in February 1994, that the City would seek basic cable rate regulation certification before May 15, and they concur with this action.]
The voting was as follows:
Rich "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
The resolution reads as follows:RESOLUTION NO. 1682
WHEREAS, in October 1992 the United States Congress enacted the Cable Television Consumer Protection and Competition Act of 1992 (the "Act"), which, among other things, authorized municipalities to regulate rates for basic cable television services under certain circumstances; and
WHEREAS, the Act requires the Federal Communications Commission ("FCC") to promulgate rules concerning, among other things, the requirements and procedures for regulation of rates for certain cable television services; and
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WHEREAS, the rules adopted by the FCC require a municipality to file for certification with the FCC and to take certain other steps in order to be authorized to regulate rates for basic cable television services; and
WHEREAS, the City Council of the City of Alexandria, Virginia ("City"), deems it to be in the best interests of the citizens and residents of the City to approve and authorize the proper City officials to take the steps necessary to implement the City's cable rate regulation authority under the Act and the FCC rules.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Alexandria, Virginia, that the City Manager shall sign and file the necessary forms with the Federal Communications Commission so that the City of Alexandria is certified to regulate the rates charged by cable franchisees in the City for basic cable service and equipment. The City Manager or her designee is authorized to take all steps appropriate to complete the forms, including but not limited to affirming that: (1) the City will adopt and administer regulations consistent with the FCC's rules governing regulation of the basic tier; (2) the City has the legal authority to adopt regulations and the personnel to administer those regulations; (3) the regulations adopted will provide a reasonable opportunity for consideration of the views of interested parties; and (4) the City has reason to believe the FCC's presumption that cable systems do not face effective competition is correct, and no reason to believe it is incorrect.
BE IT FURTHER RESOLVED, that the City Manager, her designee, or the Cable Television Administrator shall file and serve the certification forms at the FCC and upon any cable television franchisees, in the City, as required by FCC rules. The Cable Television Administrator is authorized to notify any such franchisees when certification has been granted and applicable regulations adopted. The City Manager, her designee, or the Cable Television Administrator is further authorized to take such other actions as may be appropriate so that the City may regulate basic service and equipment rates, and so that the City can respond to challenges to certification. This includes the authority to make filings at the FCC or in court on behalf of the City.
BE IT FURTHER RESOLVED, that the City Manager, her designee, or the Cable Television Administrator is authorized to make filings at the Federal Communications Commission regarding the rates charged by cable franchisees for services and equipment associated with cable programming services. The City Manager, her designee, or the Cable Television Administrator may take such steps as may be appropriate to ensure that a reasonable rate is established for cable programming services.
BE IT FINALLY RESOLVED, that this Resolution shall take effect immediately.
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23. Consideration of Condemnation Resolution for the Property Located at 4939 Duke Street. (ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated April 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 4/12/94, and is incorporated herewith as part of this record by reference.)
(The City Attorney suggested that the following amendments be made to the resolution: on page 1, line 4 strike the word "parkland" and insert "public"; in the second WHEREAS provision in line 3 strike "parkland" and insert "public"; in the last paragraph on page 1, come down to line 6 after the word "directed" delete the phrase "pursuant to Section 13.02 et. seq. of the City Charter"; go down to line 7 after the word "institute" insert a ", by petition, a quick take' "; delete the phrase "an appropriate" and continuing on that line after the word "proceeding" insert the phrase "under Section 13.03 of the City Charter"; in the next line of that same paragraph between the words "and take" insert the word "to"; and after the final word in that paragraph which is "property" insert "described above."; on the next page delete the paragraph as it reads and have it read as follows: BE IT FURTHER RESOLVED, that the City Council directs that, upon the institution of the condemnation proceeding, the amount of $178,250, as compensation for the owner of said property to be acquired by condemnation, be deposited in a bank within the City of Alexandria, Virginia, to the credit of the Circuit Court for the City of Alexandria, Virginia.
Councilwoman Pepper noted that this is the first of any kind of money that the City has paid on this strip of land in this area since about 1988. She stated that it continues the commitment toward purchasing the parkland which would eventually be used for the high-tech library that is to be built here. She indicated that this keeps our commitment with the community.
Council Member Rich, Mr. O'Kane, Director of Transportation and Environmental Services, Ms. Steele, Deputy City Manager; and the City Attorney participated in the discussion.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a ROLL-CALL vote of 6-to-1, City Council adopted the resolution, as amended, which authorizes the City Attorney (or other attorney that the City may retain) to acquire the property located at 4939 Duke Street by eminent domain on behalf of the City. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "not"
Speck "aye"
The resolution reads as follows:RESOLUTION NO. 1683
WHEREAS, the City of Alexandria, Virginia, desires to acquire 12,730 square feet of land, more or less, commonly known as 4939 Duke Street, located within the City of Alexandria, for public purposes, the said land being shown on City Plat 94-001 attached hereto and made a part hereof, and being more particularly described as follows:
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LOT numbered 3-A, of the George F. Collins Subdivision of CLOUD'S MILL PROPERTY, as the same appears duly dedicated, platted and recorded in Liber 2, No. 11, Page 37 and Plat Book 2, Page 4 of the Fairfax County, Virginia Land Records. LESS AND EXCEPT 485 Sq. Ft. conveyed to City of Alexandria in Deed Book 672, Page 138.
and,
WHEREAS, the City Council is of the opinion that a public necessity exists for the immediate acquisition by the City of Alexandria of the said land for public purposes, and so finds;
and,
WHEREAS, the land records of the City of Alexandria indicate the owner of the property to be Mary C. Saffell c/o Mary C. Greaver; and
WHEREAS, the City of Alexandria is empowered by Chapter 13 of its Charter and by general laws of the Commonwealth of Virginia to acquire private property by purchase for the purpose of carrying out its powers and duties, and to acquire private property by condemnation whenever in the opinion of this Council the public necessity exists therefore; and
WHEREAS, the current appraised value of the property is $178,250; and
WHEREAS, the City of Alexandria has made a bona fide effort to purchase the said land from the owner thereof, but cannot agree on the terms of purchase or settlement because of the inability to agree on the compensation to be paid to other terms of settlement to purchase;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Alexandria, Virginia that pursuant to Chapter 13 of the charter of the City of Alexandria, Virginia and the laws of the Commonwealth of Virginia, the City Attorney, or such other attorney as may be retained by the City, is hereby authorized and directed to institute, by petition, a "quick take" condemnation proceeding under § 13.03 of the City Charter in the Circuit Court of the City of Alexandria, and to take such action as may be necessary to conduct the proceeding to a satisfactory conclusion in order to obtain a valid title to the said property described above.
BE IT FURTHER RESOLVED, that the City Council directs that, upon the institution of the condemnation proceeding, the amount of $178,250, as compensation for the owner of said property to be acquired by condemnation, be deposited in a bank within the City of Alexandria, Virginia to the credit of the Circuit Court for the City of Alexandria, Virginia.
Adopted this 12th day of April, 1994
City of Alexandria, Virginia
Attachment: Plat
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NOTE: Item Nos. 24 (a) and (b) were considered together in one motion.
24. (a) Consideration of Award of Contract for the Sale and Rehabilitation of the City-owned Property Located at 325 North Henry Street to the Beverley Drive Corporation.
(A copy of the City Manager's memorandum dated April 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24 (a); 4/12/94, 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 authorize the sale of real property owned by the City of Alexandria located at 325 North Henry Street to the Beverley Drive Corporation.
(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. 24 (b); 4/12/94, 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. 24 (b); 4/12/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried unanimously, City Council (1) awarded the contract for the sale of the City-owned property located at 325 North Henry Street to Beverley Drive Corporation for $62,000. A copy of the offer to purchase and rehabilitate 325 North Henry Street for commercial use is attached to the memorandum; (2) passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 16, 1994; and (3) authorized the City Manager to execute all necessary documents. The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
OTHER
(A copy of the City Manager's memorandum dated April 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 4/12/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Jackson and carried unanimously, City Council received the updated Council schedule, as amended. City Council added to its calendar on May 10, at 6:00 p.m., the opening of the new Charles Barrett Recreation Center. The voting was as follows:
Cleveland "aye" Donley "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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CONTESTED APPOINTMENTS
26. Alexandria Board of Architectural Review -Parker Gray District
(The following persons volunteered for appointment to the above Board:)
Michael Cummins
Jeffery Mitchell
Kevin Sneed
(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; 4/12/94, 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 Kevin Sneed as a Citizen Member to the Alexandria Board of Architectural Review - Parker Gray District. The voting was as follows:
Ticer - Sneed
Cleveland - Sneed
Donley - Mitchell
Jackson - Sneed
Pepper - Mitchell
Rich - Sneed
Speck - Mitchell
27. Alexandria Social Services Advisory Board
(The following persons volunteered for appointment to the above Board:)
Gerry Carlon
Joyce Gordon*
(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; 4/12/94, 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 reappointed Joyce Gordon as a Citizen Member to the Alexandria Social Services Advisory Board. The voting was as follows:
Ticer - Gordon
Cleveland - Gordon
Donley - Gordon
Jackson - Gordon
Pepper - Gordon
Rich - Gordon
Speck - Gordon
28. Alexandria Task Force on AIDS
1 Representative from Hopkins House
(The following person was recommended for appointment to the above Task Force:)
NAME ENDORSED BY:
Francine Proulx*
*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. 28; 4/12/94, 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 requirement and appointed Francine Proulx as a Representative from Hopkins House to the Alexandria Task Force on AIDS. The voting was as follows:
Ticer - Proulx
Cleveland - Proulx
Donley - Proulx
Jackson - Proulx
Pepper - Proulx
Rich - Proulx
Speck - Proulx
29. Alexandria Youth Services Commission
1 Member of the Business Community
(The following persons volunteered for appointment to the above Commission:)
Anthony Glover*
Michele Maduro
Edward Russell, Jr.
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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. 29; 4/12/94, 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 reappointed Anthony Glover as a Member of the Business Community to the Alexandria Youth Services Commission. The voting was as follows:
Ticer - Glover
Cleveland - Glover
Donley - Glover
Jackson - Glover
Pepper - Glover
Rich - Glover
Speck - Glover
New Business Item No. 2: WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried unanimously, at 10:18 p.m., City Council moved that Council convene an executive session at this time for the purpose of: consulting with legal counsel and receiving a briefing by staff members pertaining to potential litigation and to other specific legal matters regarding the city's fair housing testing program that require the provision of legal advice by counsel, pursuant to Virginia Code section 2.1-344(A)(7); and consulting with legal counsel pertaining to the following litigation involving the city, pursuant to Virginia Code section 2.1-344(A)(7): Alexandria Waterfront Associates v. Board of Zoning Appeals, a case pending in the Circuit Court for the City of Alexandria, which involves a challenge to the BZA decision that the current operations of the Radio Free Italy restaurant are not in compliance with the special use permit for the food court which is located at the Alexandria marina. The voting was as follows:
Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
THEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried on a vote of 6-to-0, at 11:11 p.m., City Council reconvened the meeting. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson out of room
Pepper "aye" Rich "aye"
Speck "aye"
New Business Item No. 3: WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:
Donley "aye" Jackson out of room
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
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RESOLUTION NO. 1684
WHEREAS, the Alexandria City Council has this 12th day of April, 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;
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.
New Business Item No. 4: WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved settlement of the Fair Housing complaint brought by the City along the lines of the settlement agreement discussed in Executive Session. The voting was as follows:
Donley "aye" Jackson out of room
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
New Business Item No. 5: As the City Attorney stated that with respect to the Radio Free Italy matter, it was the consensus of Council in Executive Session that the City would support the position of AWA and Radio Free Italy [in the food court litigation].
Council Member Rich stated for himself that it is his understanding that while he voted against the particular special use permit change [in 1993] that there was [then] a consensus of [a majority] of Council that Radio Free Italy was not a full-service restaurant. He indicated that he is willing to support this as the Council's decision.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, at 11:15 p.m., the Regular Meeting of April 12, 1994, was adjourned. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"
APPROVED BY:
______________________________
ATTEST:
____________________________
Beverly I. Jett, CMC, City Clerk
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This docket is subject to change.
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