Regular Meeting
Tuesday, February 22, 1994 - - 7:30 pm
* * * * *
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: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Brannan, Assistant City Manager; Mr. Gitajn, Director of Financial and Information Services; Mr. Sanderson, Director of Real Estate Assessments; Mrs. Godwin, Director of Management and Budget and staff; Mr. Neckel, Director of Finance; 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; Mr. Powers, Director of Division of Community Programs; Mr. Horowitz, Special Assistant to the Director of Human Services; Mr. Schott, Director of General Services; Mr. McMahon, Deputy Director of General Services; Dr. Lipsman, Director of Health Department; Ms. Tyson, Accounting Division Chief; Mr. King, Director of Office of Employment Training; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Page-Smith, Deputy Director of Real Estate Assessments; Fire Chief Hawkins; Police Chief Samarra; Ms. Davis, Director of Housing; Ms. Beidler, Registrar of Voters; Mr. Nayak, Elections Administrator; Ms. Zenith, Ms. LaMois, and Mr. Johnson, Members of the Electoral Board; Ms. Gattsek, Director of Office on Women; Mr. Radauskas, Director of Code Enforcement; and Lieutenant Crawford, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present except Councilman Jackson who arrived at 7:43 p.m.
The Invocation was pronounced by Reverend Ronald J. Degges, Pastor, First Christian Church.
3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council approved the minutes of (a) the Regular Meeting of February 8, 1994, and (b) the Public Hearing meeting of February 12, 1994, as submitted. The voting was as follows:
Cleveland "aye" Donley out of room
Pepper "aye" Jackson not yet arrived
Ticer "aye" Rich "aye"
Speck "aye"
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4. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council received the report of the City Clerk dated February 16, 1994, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/22/94, and is incorporated herewith as part of this record by reference. The voting was as follows:
Cleveland "aye" Donley out of room
Pepper "aye" Jackson not yet arrived
Ticer "aye" Rich "aye"
Speck "aye"
5. Presentation of the Proposed FY 1995 City Operating Budget and the FY 1995 to FY 2000 Capital Improvement Program.
(A copy of the City of Alexandria, Virginia, Fiscal Year 1994-1995 Proposed Budget is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 2/22/94, and is incorporated herewith as part of this record by reference.
A copy of the City of Alexandria, Virginia, Fiscal Year 1994-1995 Executive Summary is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5; 2/22/94, and is incorporated herewith as part of this record by reference.)
At 7:43 p.m., Councilman Jackson arrived during the City Manager's presentation.
(The City Manager presented the Budget Message for the proposed Budget for Fiscal Year 1994-1995.)
WITHOUT OBJECTION, the City Council received the Proposed Budget for Fiscal Year 1994-1995.
6. Receipt of a Distinguished Budget Award from Government Finance Officers Association for the City's FY 1994 Budget Document.
(A copy of the City Manager's memorandum dated February 22, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 2/22/94, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer presented the award to Mrs. Godwin, Director of Management and Budget, and complimented her and the members of her staff.)
7. Briefing on the Status of the Woodrow Wilson Bridge Study by Mr. David Keever, Committee Facilitator for the Woodrow Wilson Bridge Improvement Study Coordination Committee. (Mayor Ticer)
(A copy of the presentation made by Mr. Keever is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 2/22/94, and is incorporated herewith as part of this record by reference.)
(Mr. Keever gave City Council a briefing on the status of the Woodrow Wilson Bridge Study.)
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 8 - 11
8. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(a) Alexandria-Caen Exchange Committee
Chris L. Daschbach
Ian Roberts
(b) Alexandria Commission on the Status of Women
Joyce E. Putman
(c) Alexandria Convention and Visitors Bureau Board of Directors
William M. Chrietzberg
(d) Alexandria Economic Opportunities Commission
Henri Henderson
(e) Alexandria Environmental Policy Commission
William Aird
(f) Alexandria Task Force on AIDS
Philip Mack
(Copies of the above resignations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 8 (a-f); 2/22/94, and is incorporated herewith as part of this record by reference.)
9. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria Early Childhood Development Commission
1 Representative from the Alexandria Social Services Advisory
Board
(b) Alexandria Emergency Medical Services Council
1 Citizen Members
(c) Alexandria Landlord-Tenant Relations Board
1 Resident Who Is Neither A Landlord Nor A Tenant
1 Tenant Who Is Low-Income
(d) Alexandria Youth Services Commission
1 Member of the Business Community
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 9 (a-d); 2/22/94, and is incorporated herewith as part of this record by reference.)
10. Consideration of Request from the Arlington County Board to Add a Designated Position on the Beauregard Street Corridor Task Force for a Representative from the Claremont Citizens Association.
(A copy of the City Manager's memorandum dated February 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 2/22/94, and is incorporated herewith as part of this record by reference.)
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11. Consideration of a Grant Application to the Virginia Department of Social Services for the Office on Women's Domestic Violence Program.
(A copy of the City Manager's memorandum dated February 18, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 2/22/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council approved the Consent Calendar as presented. The City Manager's recommendations are as follows:
8. City Council received the following resignations with regret: (a) Chris L. Daschbach and Ian Roberts from the Alexandria-Caen Exchange Committee; (b) Joyce E. Putman from the Alexandria Commission on the Status of Women; (c) William M. Chrietzberg from the Alexandria Convention and Visitors Bureau Board of Directors; (d) Henri Henderson from the Alexandria Economic Opportunities Commission; (e) William Aird from the Alexandria Environmental Policy Commission; and (f) Philip Mack 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.
9. City Council (a) reappointed Kimberly Koch as a Representative from the Alexandria Social Services Advisory Board to the Alexandria Early Childhood Development Commission; (b) reappointed Susan Pettey and Frederick White, Jr. as Citizen Members to the Alexandria Emergency Medical Services Council; (c) appointed Kevin Broderick as a Resident Who Is Neither a Landlord Nor A Tenant and reappointed Barbara Harris as a Tenant Who Is Low-Income to the Alexandria Landlord-Tenant Relations Board; and (d) reappointed Margaret Paul as a Member of the Business Community to the Alexandria Youth Services Commission.
10. City Council approved the request and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy.
11. City Council authorized the City Manager to: (1) submit the grant application to the Virginia Department of Social Services for funding, in the amount of $52,600, for the Office of Women's Domestic Violence Program; (2) approved the continuation of a 1.0 (FTE) grant-funded position of an Outreach Prevention Specialist to administer the Domestic Violence Program's outreach and counseling services to the City's Hispanic victims of family violence. Continuation of this position is contingent upon the continuation of funding from the Virginia Department of Social Services or other non-City sources; (3) approved contracting out for a part-time (15 hours per week) Psychological Counselor II to work with the Office on Women and the Department of Mental Health, Mental Retardation and Substance Abuse to provide group counseling and treatment to Hispanic abusers; and (4) execute all documents that may be required.
END OF CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck out of room
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12. Receipt of the Report of the Alexandria Business Development Task Force. (Councilman Donley)
(A copy of the City Manager's memorandum dated February 18, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 2/22/94, and is incorporated herewith as part of this record by reference.)
(Councilman Donley explained the process which the Task Force used to come up with its recommendations in the report.)
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council (1) received the report; (2) will discuss the Task Force recommendations regarding proposed fee increases during the FY 95 budget deliberations; and (3) thanked the members of the Alexandria Business Development Task Force for their work on behalf of the City. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
13. Consideration of the Five-Year Training Plan for the Alexandria Office of Employment Training. (Councilman Donley)
(A copy of the City Manager's memorandum dated February 17, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 2/22/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Pamela Oerth, Vice Chair, Alexandria Commission on Employment, and a member of the Alexandria/Arlington Private Industry Council, spoke to the Five-Year Training Plan. She was available to answer questions.
Members of City Council participated in the discussion of this item.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council (1) received the "Five-Year Training Plan for the Alexandria Office of Employment Training" (hereafter "the Plan"); and commended the Private Industry Council (PIC) and the Alexandria Commission on Employment (ACE) for their efforts; (2) referred the Plan to the Alexandria Chamber of Commerce Board of Directors and the Economic Development Program Board of Directors for formal comment; (3) requested that the School Board review the Plan and comment on how the schools can enhance basic skills of T.C. Williams' graduates not going on to college; and (4) requested the PIC and ACE to incorporate the comments from the Alexandria Chamber of Commerce Board of Directors, the Economic Development Program Board of Directors and the School Board into the Plan as appropriate and bring the Plan back to City Council for final consideration in the spring. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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14. Receipt of the 1989-1993 Alexandria Electoral Board Report.
(A copy of the City Manager's memorandum dated February 17, 1994, together with the Electoral Board's memorandum dated February 22, 1994 and its report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 14; 2/22/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Jackson commended the Electoral Board, the Registrar and the Staff for what is a very interesting and very comprehensive report which covers a five-year period.
Councilman Donley pointed out that Mary LaMois, Secretary, will be stepping down. He indicated that Mary has diligently served the Electoral Board and the City for many years. She has been a driving force in eliminating the wards that we once had, redrawing precincts so that we have fewer precincts, and the elections, for the most part, are more efficient. She has worked to improve the training of election workers and has diligently worked to recruit new and younger volunteers to work on election day. Councilman Donley thanked Mary for her hard work and service on the Electoral Board.
Mayor Ticer stated that all of Council could identify with Councilman Donley's remarks and expressed her appreciation to Mary for all of her hard work which was beneficial to the City.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried unanimously, City Council received this report. The voting was as follows:
Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
15. Receipt of the City's Monthly Financial Report for the Period Ending January 31, 1994.
(A copy of the City Manager's memorandum dated February 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/22/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Speck asked questions of Mr. Gitajn, Director of Financial and Information Services, with respect to the timing of the receipt of the business license tax due January 31.)
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council received the Financial Report for the period ending January 31, 1994. The voting was as follows:
Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
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16. Update Report from the City Attorney on Items before the 1994 Virginia General Assembly.
(A copy of the City Attorney's memorandum dated February 22, 1994, together with chart, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 16; 2/22/94, and is incorporated herewith as part of this record by reference.
A copy of the U.S. Department of Justice's letter dated February 22, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 2/22/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. The City Attorney went through the updated report. The City Attorney also updated Council on the Justice Department's response to the City's submission on an elected school board.
Mrs. Godwin, Director of Management and Budget, and Mr. Cyphers, Director of Human Services, participated in the discussion and responded to questions.)
No Council action was necessary on this item.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Vice Mayor Cleveland announced that The Empowerment Network of Virginia (TEN), will be presenting on Saturday, March 26, 1994, a seminar on "Winning School Board Elections"; the nuts and bolts about campaigning, tactics, policy, and issues. It costs $65 which includes the tuition, the materials, lunch and the refreshments. This will be held in Richmond, VA. He announced that he has enough space for about four more people to carpool in his mini-van. The telephone number for information is 1-800-776-4005 or 548-6619.
Councilman Speck stated that he and Council Member Rich will be participating in the Alexandria League of Women Voters sponsored program on campaign expense on elections generally. It will be held on Saturday, February 26, 1994, at Baptist Temple.
(b) Vice Mayor Cleveland spoke to a letter he received about parking in Old Town. He realizes that there are a lot of funerals and weddings. He requested staff to send a letter to the ministers in this area to work out some type of arrangements for relief. He also would like to be a part in discussions on this issue.
(c) Vice Mayor Cleveland announced that he has been appointed by Governor Allen to the Citizens Commission on Parole, Abolition and Sentencing Reform. He is on the Subcommittee on Alternatives.
(d) Councilwoman Pepper spoke to a memorandum that she had sent to the City Manager and to the City Attorney asking about the possibility of looking into the panhandling issue with the idea that we might have an ordinance to be docketed for the City Council.
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The City Attorney stated that a legal memorandum was done outlining, based on recent case law, what the City could do and could not do with a panhandling ordinance. It was submitted to the Police Department and discussions have been held with them. He indicated that they will come back to Council with a recommendation recognizing the legal restraints that such an ordinance would have, with a recommendation, in essence, it is worth adopting something. He indicated it should be brought forward by next month.
Councilwoman Pepper stated that she received a complaint today from somebody who was concerned about the fact that there was a homeless person who was sleeping in the doorway at Washington and King Streets, the southwest corner. She indicated that this was such a prominent position in our City and requested that perhaps that person could be encouraged into a homeless shelter or help some way. This person also is leaving bags there in the doorway when not present.
(e) Councilwoman Pepper stated that she had heard that St. Stephens/St. Agnes School that is located on Braddock Road might be opened again in the fall of 1995 or 1996. If that is true, that could have some impact on the City's school population. She requested staff to look into that.
The City Manager stated that they are planning to open the old Ascension Academy. She will be meeting with John Holden who is the head of the school with regard to their plans and the size of the operation and exactly when it will be opening. She will report back to Council.
(f) Councilman Speck spoke to T.C. Williams High School Crew Coach and former teacher, Phil Yeich, who was badly injured in a freak sledding accident which partially paralyzed him. He has had surgery at Georgetown Hospital. He had been coaching, as well as teaching, and was a full-time student at American University finishing his doctorate. He stated that he is a terrific asset to the Crew program and a lot of people are really concerned. With Council's concurrence, the City Clerk was directed to send a note on Council's behalf wishing him Godspeed. He stated that because he will have very extensive medical expenses, the Crew Boosters have designated a fund for contributions for anyone who would like to contribute. The check should be made payable to the Alexandria Crew Boosters' Phil Yeich Fund, in care of the Athletic Department at T.C. Williams.
(g) Councilman Speck announced again that the Election Administrator needs many poll workers for this spring's election. You do get paid for working a full day at the polls. If you are interested in doing that, you can call the Election Administrator at 838-4050 and he will arrange for you to select your precinct and to participate in the democratic process.
(h) Councilman Speck announced an update on the basketball game that will be a fundraiser for the "Christmas in April" project in which the Council will be an active participant working on a house. The basketball game between the Police Department and the Fire Department will be Friday, March 4, at 7:30 p.m. at T. C. Williams High School. The captains of the teams are Firefighter Wayne Bryant and Sergeant Steve Mason. Tickets are a $2 donation. You can buy tickets either at the door or at any of the Fire Stations or the Police Department. The need is to be able to raise, as do all sponsors, $1250 for the costs of repairs to the home that Council will work on in April.
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ORDINANCES AND RESOLUTIONS
17. Consideration of a Resolution Pertaining to the Issuance, Sale and Delivery by the City of Alexandria, Virginia, of Bonds Authorized by Ordinance No. 3685, adopted December 11, 1993, and Providing that the City Manager may Determine Final Terms of the Bonds. (ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated February 15, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 2/22/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. The City Manager spoke to this issue.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 5-to-1, City Council adopted the resolution that was prepared by the City's bond counsel. The resolution authorizes the City Manager to determine the final terms of the bonds and to execute and deliver all certificates and instruments and to take all action necessary in connection with the issuance, sale and delivery of the bonds. A 1991 change in the State code enables Council to authorize the City Manager to receive and act on the bond submissions that the City will be receiving as a result of a 1994 bond sale. As a result, it will not be necessary to hold a special meeting of City Council on March 1, 1994, the date of the bond sale. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "no"
The resolution reads as follows:
RESOLUTION NO. 1677
A Resolution providing for certain details regarding the issuance, sale and delivery by the City of Alexandria, Virginia, of bonds authorized by Ordinance No. 3685, adopted December 11, 1993, and providing that the City Manager may determine final terms of the bonds.
WHEREAS, the Council (the "City Council") of the City of Alexandria, Virginia (the "City"), adopted Ordinance No. 3685 on December 11, 1993 (the "Authorizing Ordinance"), authorizing the issuance and sale of $26,700,000 Consolidated Public Improvement General Obligation Bonds and Refunding Bonds, Series 1994 (the "Bonds"); and
WHEREAS, the Authorizing Ordinance provides that certain matters related to the issuance of the Bonds are to be determined by the City Council or delegated by City Council to the City Manager; and
WHEREAS, the City Council has determined that it is in the best interest of the City to delegate certain matters relating to the issuance of the Bonds to the City Manager;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA:
1. That the City Manager is authorized to determine the final principal amount of the Bond issue, within the parameters set forth in Section 2 of the Authorizing Ordinance.
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2. That the City Manager is authorized to approve the sale of the Bonds at competitive bidding at a price not less than 99% of the original aggregate principal amount thereof and to determine the interest rates on the Bonds and award the Bonds to the responsible bidder who provides the lowest "true" or "Canadian" interest cost to the City; provided, however, that such true or Canadian interest cost shall not exceed 6.0% taking into account any original issue discount or premium.
3. That the City Manager is authorized to determine the dated date, payment dates and maturity dates of the Bonds; provided, however, that the Bonds shall mature in installments beginning no later than the year 1995 and ending no later than the year 2009.
4. That the Bonds may be subject to optional redemption prior to maturity at the option of the City on or after dates, if any, determined by the City Manager, in whole or in part at any time, at a redemption price equal to the principal amount of the Bonds, together with any accrued interest to the redemption date, plus a redemption premium not to exceed 3% of the principal amount of the Bonds, such redemption premium to be determined by the City Manager.
If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the chief financial officer of the City in such manner as he may determine to be in the best interest of the City. If less than all the Bonds of any maturity are called for redemption , the Bonds to be redeemed shall be selected by the securities depository, if any, pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 or more than 60 days prior to the redemption date, to the securities depository, if any, as the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than the qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof.
5. That the City Manager is authorized to determine whether the Bonds will be issued in book-entry form and all matters incident to the issuance of the Bonds in book-entry form.
6. That the City Manager is authorized to appoint a bank having trust powers or a trust company as paying agent for the Bonds and, if she deems appropriate, an alternate paying agent.
7. That the City Manager is authorized to appoint a trust company or other banking institution to hold all or a portion of the Bond proceeds.
8. That the City Manager is authorized to prepare and distribute an appropriate Official Statement and other disclosure documents relating to the sale of the Bonds.
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9. That the City Manager is authorized to determine the portion of the Refunded Bonds (as defined in the Authorizing Ordinance) to be refunded.
10. That all other actions of the City Manager in conformity with the purposes and intent of this resolution and the Authorizing Ordinance and in furtherance of the issuance and sale of the Bonds and the payment and redemption of the Refunded Bonds are hereby ratified, approved and confirmed. The City Manager is authorized and directed to execute and deliver all certificates and instruments and to take all action necessary or desirable in connection with the issuance, sale and delivery of the Bonds.
11. This Resolution shall take effect immediately.
OTHER
18. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated February 18, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18, 2/22/94, 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 received the updated Council calendar which includes the addition of a second budget work session with the School Board, if necessary, on Tuesday, March 29, at 7:30 p.m. The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
CONTESTED APPOINTMENTS
19. Alexandria Cable Television Advisory Commission
1 Member Representing the Alexandria Branch of Northern Virginia
Community College
(The following person was recommended for appointment to the above Commission:)
NAME ENDORSED BY:
David Williams* Northern Virginia Community College
*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. 19; 2/22/94, 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 David Williams as a Member Representing the Alexandria Branch of Northern Virginia Community College to the Alexandria Cable Television Advisory Commission. The voting was as follows:
Ticer - Williams
Cleveland - Williams
Donley - Williams
Jackson - Williams
Pepper - Williams
Rich - Williams
Speck - Williams
20. Alexandria Commission on Persons With Disabilities
1 Citizen Member
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Karen Clark-Stone
Timothy Sullivan*
*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. 20; 2/22/94, 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 Timothy Sullivan to the Alexandria Commission on Persons with Disabilities. The voting was as follows:
Ticer - Sullivan
Cleveland - Sullivan
Donley - Sullivan
Jackson - Sullivan
Pepper - Sullivan
Rich - Sullivan
Speck - Sullivan
21. Alexandria Community Corrections Resources Board
2 Citizen Members
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
Jacqueline McClain
Deborah Schiavone
Elsie Taylor-Jordan*
*Incumbent
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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. 21; 2/22/94, 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 results: City Council reappointed Elsie Taylor-Jordan and appointed Deborah Schiavone as Citizen Members to the Alexandria Community Corrections Resources Board. The voting was as follows:
Ticer McClain, Taylor-Jordan
Cleveland Schiavone, Taylor-Jordan
Donley Schiavone, Taylor-Jordan
Jackson Schiavone, Taylor-Jordan
Pepper McClain, Taylor-Jordan
Rich McClain, Taylor-Jordan
Speck Schiavone, Taylor-Jordan
22. Alexandria Emergency Medical Services Council
1 Member of the Emergency Nurses Association from Alexandria
Hospital
(The following person was recommended for appointment to the above Council:)
NAME ENDORSED BY:
Diane Dickerson* Maureen Burke, Alexandria
(Residency Waiver Required) Hospital
*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. 22; 2/22/94, 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 reappointed Diane Dickerson as a Member of the Emergency Nurses Association from Alexandria Hospital to the Alexandria Emergency Medical Services Council. The voting was as follows:
Ticer - Dickerson
Cleveland - Dickerson
Donley - Dickerson
Jackson - Dickerson
Pepper - Dickerson
Rich - Dickerson
Speck - Dickerson
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23. Alexandria Landlord-Tenant Relations Board
1 Landlord or Representative of a Landlord
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
Robert Lawson
Joann Poladian
Robert Wisher
(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. 23; 2/22/94, 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 Joann Poladian as a Landlord or Representative of a Landlord to the Alexandria Landlord-Tenant Relations Board. The voting was as follows:
Ticer - Lawson
Cleveland - Poladian
Donley - Poladian
Jackson - Poladian
Pepper - Lawson
Rich - Poladian
Speck - Poladian
24. Alexandria Social Services Advisory Board
1 Citizen Member
(The following persons volunteered for appointment to the above Board:
NAME ENDORSED BY:
Patricia Harris*
Daniel Maloney
Laurie Olivieri
*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. 24; 2/22/94, 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 Patricia Harris as a Citizen Member to the Alexandria Social Services Advisory Board. The voting was as follows:
Ticer - Harris
Cleveland - Harris
Donley - Harris
Jackson - Harris
Pepper - Harris
Rich - Harris
Speck - Harris
WITHOUT OBJECTION, City Council considered Docket Item No. 26 out of order.
ORDINANCES AND RESOLUTIONS (continued)
26. Introduction and First Reading. Consideration. Passage on First Reading and Second Reading of AN ORDINANCE Adopting Supplement No. 1 to The Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on First and Second Readings. The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3708
AN ORDINANCE adopting supplemental pages for the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended, and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the sections of the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended ("Zoning Ordinance"), and the portions thereof, set forth in the supplemental and replacement pages for the Zoning Ordinance, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 1," are hereby adopted as and shall constitute "the First Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992."
Section 2. That the sections of the Zoning Ordinance, and the portions thereof, set forth in "The First Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992," shall be in force and effect on and after the effective date of this ordinance, and all ordinances amending the text of the Zoning Ordinance which were adopted between June 25, 1992, and October 26, 1993, and which are not included in such supplement or in the Zoning Ordinance are hereby repealed, except as otherwise provided in section 3 of this ordinance.
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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 provision of any ordinance amending the Zoning Ordinance which was adopted between June 25, 1992, and October 26, 1993, and which is inadvertently omitted from or erroneously incorporated into "The First Supplement to The Zoning Ordinance of the City of Alexandria, Virginia, 1992"; nor shall it affect any ordinance adopted after October 26, 1993.
Section 4. That one complete set of pages comprising "The First Supplement to The Zoning Ordinance of the City of Alexandria, Virginia, 1992," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to desiring to inspect the same. In addition, one complete set of the pages comprising such supplement shall be properly inserted into the copy of the Zoning Ordinance of the City of Alexandria, Virginia, 1992, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.
Section 5. This ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 2/22/94
First Reading: 2/22/94
Second Reading: 2/22/94
Final Passage: 2/22/94
OTHER (continued)
25. Consideration of Setting an Executive Session Pertaining to Pending Litigation.
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, at 9:34 p.m., City Council convened an executive session at the close of this evening's meeting for the purpose of consulting with legal counsel pertaining to the following litigation involving the city, pursuant to Virginia Code Section 2.1-344(a)(7): Turner v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves the real estate tax assessments of certain property located along The Strand, between Duke and Prince Streets. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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THEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-0, at 9:53 p.m., City Council reconvened the meeting. The voting was as follows:
Jackson "aye" Donley out of room
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich out of room
Speck "aye"
WHEREUPON, upon motion by Councilman Jackson, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried on a vote of 6-to-0, City Council, in the matter of the lawsuit of Turner v. City of Alexandria, approved the settlement of the case along the lines of the recommendations discussed in Executive Session. The voting was as follows:
Jackson "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Pepper "aye" Rich out of room
Speck "aye"
THEREUPON, upon motion by Councilman Jackson, 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:
Jackson "aye" Donley "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich out of room
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1678
WHEREAS, the Alexandria City Council has this 22nd day of February, 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.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, at 9:54 p.m., the Regular Meeting of Tuesday, February 22, 1994, was adjourned. The voting was as follows:
Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich out of room
Speck "aye"
APPROVED BY:
__________________________________
PATRICIA S. TICER MAYOR
ATTEST:
_____________________________
Beverly I. Jett, CMC City Clerk
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This docket is subject to change.
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