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Regular Meeting
Tuesday, May 10, 1994 - - 7:30 pm

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

Absent: Councilman T. Michael Jackson.

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. Neckel, Director of Finance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Ms. Boyd, Director of Citizen Assistance; Ms. Federico, Director of Historic Alexandria; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. Powers, Director of Division of Community Programs; Mr. McMahon, Deputy Director of General Services; Mr. Kauffman, Director of Recreation, Parks, and Cultural Activities; Dr. Lipsman, Director of Health Department; Mr. Skrabak, Manager of Environmental Quality; Mr. Garrity, Intergovernmental Relations Coordinator; Deputy Police Chief Baker; Assistant Police Chief George; and Lieutenants Clancey and Crawford, Police Department.

Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.

There was an opening ceremony at 6:00 p.m. for the dedication of the renovated Charles Barrett Recreation Center, 1115 Martha Custis Drive.

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 for Councilman Jackson.

The Invocation was pronounced by Reverend Karen P. Evans, Rector of Emmanuel Episcopal Church.

3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the minutes of (a) the Regular Meeting of April 26, 1994, and (b) the Special Meeting (Budget Adoption) of April 28, 1994, as submitted. The voting was as follows:

Cleveland "aye" Donley "aye"
Pepper "aye" Jackson absent
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 unanimously by all those present, City Council received the report of the City Clerk dated May 4, 1994, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/10/94, and is incorporated herewith as part of this record by reference. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 5 - 12; 17 - 23
5. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
Troy McGhee

(A copy of the above resignation is on file in the office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 5(a); 5/10/94, and is incorporated herewith as part of this record by reference.)
Committees:
1 Employer
1 Citizen Member
(Material pertaining to the above items is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 6(a-f); 5/10/94, and is incorporated herewith as part of this record by reference.)

7. Consideration of Request to Vacate a Position on the Alexandria-Caen Exchange Committee.

(A copy of the City Manager's memorandum dated April 20, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/10/94, and is incorporated herewith as part of this record by reference.)
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8. Consideration of Report on Federal and State Grants, and Donations.

(A copy of the City Manager's memorandum dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 5/10/94, and is incorporated herewith as part of this record by reference.)

9. Consideration of the JOB Training Plan and Grant Application to the Governor's Employment and Training Department for Funding under Title II and Title III of the JOB Training Partnership Act for Fiscal Year 1995.

(A copy of the City Manager's memorandum dated May 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 5/10/94, and is incorporated herewith as part of this record by reference.)

10. Consideration of Application to the Virginia Department of Youth and Family Services for Continued Funding under the Delinquency Prevention and Youth Development Act and Receipt of the 1994-1996 Youth Development Plan.

(A copy of the City Manager's memorandum dated April 27, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/10/94, and is incorporated herewith as part of this record by reference.)

11. Consideration of Application to the U.S. Department of Agriculture for Funding for the Summer Food Service Program for Children.

(A copy of the City Manager's memorandum dated May 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/10/94, and is incorporated herewith as part of this record by reference.)

12. Receipt of Viewers' Report Regarding Request for Vacation of a Public Alley Right-of-way Located at 3315 Carolina Place and Authorization to the City Attorney to Prepare the
Necessary Ordinance. (#13 4/16/94)

(A copy of the Viewers' Report dated May 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/10/94, and is incorporated herewith as part of this record by reference.)

17. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to classify the failure to obtain and display a city decal as a traffic infraction and to allow such failure to be enforced through the issuance of a parking citation.

(A copy of the City Manager's memorandum dated May 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/10/94, 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. 17; 5/10/94, 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. 17; 5/10/94, and is incorporated herewith as part of this record by reference.)
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18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize a chimney, located at 102 South Patrick Street, to encroach into the public right-of-way at that location.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/10/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 5/10/94, 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 rescind the portion of the current cable television ordinance dealing with the regulation of rates charged for cable service and cable equipment, and to enact new provisions authorizing the city to regulate such rates which are designed to bring the city code into compliance with recently adopted regulations of Federal Communications Commission that regulate basic cable television service and equipment rates.

(A copy of the City Manager's memorandum dated May 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 5/10/94, 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; 5/10/94, 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; 5/10/94, 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 revise the city's noise ordinance (i) to establish noise regulations applicable to the public performance of music, song, dance and theater on public and quasi-public areas within the central business district, (2) to designate appropriate officers to enforce these regulations, and (3) to make the violation of these regulations, and other provisions of the city's noise ordinance, subject to civil, rather than criminal, penalties.

(A copy of the City Attorney's memorandum dated May 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 5/10/94, 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. 20; 5/10/94, and is incorporated herewith as part of this record by reference.
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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. 20; 5/10/94, and is incorporated herewith as part of this record by reference.

A copy of a memorandum from Cameron Mews, Ltd. dated May 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 20; 5/10/94, 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 make supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 1994.

(A copy of the City Manager's memorandum dated May 3 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 5/10/94, 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. 21; 5/10/94, 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. 21; 5/10/94, 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 amend the ordinance establishing and governing the activities of the Alexandria Early Childhood Development Commission.

(A copy of the City Manager's memorandum dated May 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 5/10/94, 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. 22; 5/10/94, 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. 22; 5/10/94, and is incorporated herewith as part of this record by reference.)

23. Consideration of a Resolution Amending the City's Regulations Governing Swimming Pools, Spa Pools and Health Clubs, and Setting it for Public Hearing on May 14, 1994.

(A copy of the City Manager's memorandum dated May 3, 1994, together with a copy of the resolution, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of
Item No. 23; 5/10/94, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously by all those present, City Council approved the consent calendar as presented. The City Manager's recommendations are as follows:

5. City Council received the following resignation with regret: (a) Troy McGhee from the Alexandria Beautification Commission; and requested the Executive Secretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.

6. City Council (a) appointed Susan Coursey as an Employer to the Alexandria Affordable Housing Advisory Committee; (b) appointed Lois Van Valkenburgh as a Citizen Member to the Alexandria Commission on Aging; (c) reappointed Jane King as a Member from a Local Consumer Action Group to the Alexandria Consumer Affairs Commission; (d) appointed Linda Powell as a Member Designated by the Alexandria Landmark Society to the Historic Alexandria Resources Commission; (e) reappointed Barbara Harris as a Representative from the Alexandria Landlord-Tenant Relations Board to the Alexandria Redevelopment and Housing Authority; and (f) appointed Margaret Gaynor as a Representative from the Alexandria Archaeological Commission to the Alexandria Waterfront Committee.

7. City Council declared one citizen position on the Alexandria-Caen Exchange Committee vacant and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy.
9. City Council authorized the City Manager to: (1) submit a grant application to the Governor's Employment and Training Department for funding, in the amount of $1,119,170, for the Job Training Plan and grant applications for Titles II and III; (2) approved the continuation of four full-time grant-funded Employment Training Specialist positions to administer the on-going Job Training Partnership Act program. Continuation of these positions is contingent upon continuation of funding from the Governor's Employment and Training Department; and (3) execute all necessary documents that may be required.

10. City Council (1) authorized the City Manager to submit a grant application to the Virginia Department of Youth and Family Services for funding, in the amount of $67,694, for the continuation of services under the Delinquency Prevention and Youth Development Act; (2) approved the continuation of two full-time grant-funded positions, Youth Services Program Specialist and Secretary I, to continue to administer these ongoing services. Continuation of these positions is contingent upon continuation of funding from the Virginia Department of Youth and Family Services or other non-City sources; (3) endorsed the 1994-1996 Youth Development Plan; and (4) authorized the City Manager to execute all necessary documents that may be required.

11. City Council authorized the City Manager to: (a) submit a grant application to the U.S. Department of Agriculture, in the amount of $95,000 in estimated program income, for the Summer Food Service Program for Children; and (2) execute all necessary documents that may be required.

12. City Council received the Viewers' Report and authorized the City Attorney to prepare the necessary ordinance.

17. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 14, 1994.
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18. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 14, 1994.

19. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 14, 1994.

NOTE: 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. The Commission was also advised that the section of the City Code relating to rate regulation would be updated to reflect the new federal requirements, and they concur with this action.

20. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 14, 1994.

21. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 14, 1994.

22. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 14, 1994.

23. City Council received the resolution and set it for public hearing on Saturday, May 14, 1994.

END OF CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson absent
Ticer "aye" Rich "aye"
Speck "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

13. Consideration of a Recommendation Regarding the Establishment of the Alexandria Juvenile and Domestic Relations District Court Citizens Advisory Council. (Mayor Ticer)

WITHOUT OBJECTION, City Council noted the deferral until the next meeting.

14. Consideration of a Long-Range Strategic Environmental Plan for Alexandria. (Councilwoman Pepper)

(A copy of the City Manager's memorandum dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/10/94, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously by all those present, City Council requested the Environmental Policy Commission, in cooperation with City staff (Health, Transportation and Environmental Services, Recreation, Planning and Community Development, and Fire Departments), to develop a Long-Range Environmental Plan to be presented to City Council and set for public hearing in late 1994 or early 1995. Following the public hearing, City Council would be asked to formally adopt all or part of the Long-Range Environmental Plan for the City. The voting was as follows:

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

15. Consideration of Proposed Cable Television Franchise Agreement with Jones Intercable, Inc.

(A copy of the City Manager's memorandum dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/10/94, and is incorporated herewith as part of this record by reference.

A copy of the proposed franchise agreement dated May 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No.15; 5/10/94, and is incorporated herewith as part of this record by reference.

A copy of Councilwoman Pepper's memorandum dated May 10, 1994, together with Mr. Maslyn's Vision Statement, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 15; 5/10/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously by all those present, City Council received the proposed cable television franchise agreement and set the public hearing on the proposed agreement for June 18 to allow a 30-day review period prior to the public hearing for the Cable Television Advisory Commission, interested citizens and community groups. The voting was as follows:

Donley "aye" Ticer "aye"
Cleveland "aye" Jackson absent
Pepper "aye" Rich "aye"
Speck "aye"
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NOTE: Item Nos. 16(a) and 16(b) were considered under one motion.

16. (a) Consideration of Proposed Changes in Parking Requirements in the Old Town Special Parking District.

(A copy of the City Manager's memorandum dated May 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16(a); 5/10/94, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 16 (a); 5/10/94, 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 reduce, from two hours to one hour, the amount of time, between the hours of 11:00 p.m. and 2:00 a.m., seven days a week, that a motor vehicle lacking an appropriate permit may park along streets containing residential permit parking district signs in the Old Town special parking district (the area bounded by Princess, North Washington and Wolfe Streets and the Potomac River).

(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. 16(b); 5/10/94, 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. 16(b); 5/10/94, and is incorporated herewith as part of this record by reference.)
Vice Mayor Cleveland suggested that there be a liaison from the City with the court system with respect to outstanding tickets.
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WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Councilman Speck and carried on a vote of 5-to-1, City Council: (1) received this report and set it for public-hearing on Saturday, May 14; and (2) introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 14, 1994. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilwoman Pepper spoke to the May 6, 1994, memorandum from Sheldon Lynn, Director of Planning and Community Development, with respect to City Council options in response to the Planning Commission rejection of the Potomac Yard/Potomac Greens Plan.

Members of City Council participated in the discussion on this issue.

(b) Councilwoman Pepper noted that she was wearing a green ribbon which she received at an adult abuse prevention ribbon launching ceremony. This ribbon is to call attention to adult abuse. May is Adult Abuse Prevention Month in Virginia.

(c) Councilwoman Pepper mentioned that the Virginia Environmental Endowment has awarded grants to local groups to continue their work in this area. George Washington Middle School will be able to continue an aquatic education program and it received a $3700 grant for this. The Alexandria Seaport Foundation will develop a marine science program for local schools and at-risk youth and it has received a grant for $2200.

(d) Councilman Donley stated that on election day last week that the question came up two separate times by a blind voter why the City of Alexandria does not consider ballots in Braille. Apparently in the older-type machines that had a lever, it was much easier for a blind person to vote rather than the push button machines that we have now which are very visual. Councilman Donley requested that staff in conjunction with the Commission on Disabled Persons, as well as the Registrar of Voters, to look at the idea of maybe having some limited availability of Braille ballots available for election day should they be required for some of our visually disabled Alexandrians.
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(e) Mayor Ticer mentioned that Council attended the rededication of the Charles Barrett Recreation Center. It is a very beautiful addition and very much supported by the community, the school, the Recreation Department, and Council. This will be a wonderful place for the children in that community. It is a wonderful youth violence prevention infrastructure.

Councilman Donley participated in the discussion.

(f) Vice Mayor Cleveland directed staff to bring back to Council the reconsideration of the fine assessed at Metro stations for early in the morning parking. The fine is excessively high and he would like to see it reduced.

Staff will come back with a recommendation.

ORDINANCES AND RESOLUTIONS

24. Introduction and First Reading. Consideration. Passage on First Reading and Second Reading of AN ORDINANCE to adopt Supplement 2 of the City of Alexandria Zoning Ordinance, 1992, as amended. (ROLL-CALL VOTE)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a ROLL-CALL vote of 6-to-0, City Council passed the ordinance on its First and Second Readings. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3720

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. 2, " are hereby adopted as and shall constitute "the Second 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 Second 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 October 27, 1993, and February 22, 1994, inclusive, and which are not included in such supplement or in the Zoning Ordinance are hereby repealed, except as otherwise provided in section 3 of this ordinance.
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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 October 27, 1993, and February 22, 1994, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Second Supplement to The Zoning Ordinance of the City of Alexandria, Virginia, 1992"; nor shall it affect any ordinance adopted after February 22, 1994.

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

Section 5. This ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 5/10/94
First Reading: 5/10/94
Second Reading: 5/10/94
Final Passage: 5/10/94

OTHER
(A copy of the City Manager's memorandum dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 5/10/94, 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 received the City Council schedule and noted that the following items have been added to the Council calendar: (1) the May 21 presentation to the Mayor and City Council of the busts of Cicero and Seneca by the trustees and staff of the members of the Robert E. Lee Memorial Association Inc., Stratford Hall Plantation, at 10:30 a.m. at The Lyceum; and (2) the June 14 Alexandria Commission on Persons with Disabilities reception and annual award presentation ceremony for the winners of the Gerry Bertier Scholarship Program, the Community Organization Grants and the John Duty Collins III Outstanding Advocate Award at 7 p.m. in the Council Workroom. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson absent
Ticer "aye" Rich "aye"
Speck "aye"
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CONTESTED APPOINTMENTS
(The following persons volunteered for appointment to the above Committee:)
George Chadwick, III*

Mary Anne Dooley

Monica Doyle

Kathleen Kelly

Joseph Shumard

(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. 26; 5/10/94, 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 George Chadwick, III, and appointed Kathleen Kelly and Joseph Shumard as Citizen Members to the Alexandria George Washington Birthday Celebration Committee. The voting was as follows:

Ticer - Chadwick, Kelly, Shumard
Cleveland - Chadwick, Doyle, Shumard
Donley - Chadwick, Dooley, Doyle
Jackson - absent
Pepper - Chadwick, Kelly, Shumard
Rich - Chadwick, Doyle, Kelly
Speck - Chadwick, Kelly, Shumard

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

Ellen Murray

(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; 5/10/94, and is incorporated herewith as part of this record by reference.)
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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Ellen Murray as a Citizen Member to the Alexandria Social Services Advisory Board. The voting was as follows:

Ticer - Murray
Cleveland - Blain
Donley - Murray
Jackson - absent
Pepper - Murray
Rich - Murray
Speck - Murray
1 Representative from the Old Town Business Association
NAME ENDORSED BY:

Charlotte Hall*


(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; 5/10/94, 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 Charlotte Hall as a Representative from the Old Town Business Association to the Alexandria Waterfront Committee. The voting was as follows:

Ticer - Hall
Cleveland - Hall
Donley - Hall
Jackson - absent
Pepper - Hall
Rich - Hall
Speck - Hall

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

29. Consideration of a Change in the Use and Access Policy for the Ballroom at Gadsby's Tavern Museum.

(A copy of the City Manager's memorandum dated May 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 5/10/94, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-0, City Council approved the proposed change to the use and access policy for the Ballroom at Gadsby's Tavern Museum to allow for rental of the Ballroom to the public. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson absent
Ticer "aye" Rich "aye" 30. Consideration of the Addition of Metrorail Extensions in the Dulles Corridor and I-66 to Centreville to the Northern Virginia Element of the Regional (Financially) Constrained Long-Range Plan. (Mayor Ticer)

(A copy of the City Manager's memorandum dated May 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 5/10/94, and is incorporated herewith as part of this record by reference.

A copy of a Mr. Burfield's fax dated May 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 5/10/94, and is incorporated herewith as part of this record by reference.) WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-0, City Council endorsed the addition of the two rail extensions to the Northern Virginia element of the regional (financially) Constrained Long-Range Plan that will be tested for air quality conformity: *Dulles Corridor and *I-66 to Centreville. The voting was as follows:

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

New Business Item No. 1: WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 4-to-0 at 8:48 p.m., City Council convened an executive session at the close of this meeting for the purpose of consulting with legal counsel pertaining to the following litigation involving the City of Alexandria and/or its officers and employees, pursuant to Virginia Code section 2.1-344(A)(7): King Street Associates v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, At Law No. CL930267, which involves a challenge to the real estate tax assessments on the commercial property at 1800 Diagonal Road for tax years 1990 and 1991; and Jorqensen v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, At Law No. 930772, which involves matters relating to workers' compensation claims filed against the City. The voting was as follows:

Donley "aye" Jackson absent
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich out of room
Speck out of room
15


New Business Item No . 2: WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, at 9:18 p.m., City Council reconvened its meeting of this date which was recessed for the purpose of conducting an executive session. The voting was as follows:

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

New Business Item No. 3: WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper 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:

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

The resolution reads as follows:
RESOLUTION NO. 1687
WHEREAS, the Alexandria City Council has this 10th day of May, 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 Vice Mayor Cleveland, seconded simultaneously by Council Member Rich and Councilwoman Pepper and carried unanimously by all those present, City Council approved the settlement of the litigation captioned King Street Associates v. City Council of the City of Alexandria, in accordance with the recommendation of the City Attorney. The voting was as follows:

Cleveland "aye" Ticer "aye"
Rich "aye" Donley "aye"
Pepper "aye" Jackson absent
Speck "aye"
16


New Business Item No. 5: WHEREUPON, upon motion by Vice Mayor Cleveland, seconded simultaneously by Council Member Rich and Councilwoman Pepper and carried unanimously by all those present, City Council approved the settlement of the workers' compensation matters discussed in executive session along the lines as recommended by the City Attorney. The voting was as follows:

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

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, at 9:20 p.m., the Regular Meeting of May 10, 1994, was adjourned. The voting was as follows:

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

APPROVED BY:


__________________________
PATRICIA S. TICER MAYOR

ATTEST:

_____________________________
Beverly I. Jett, CMC, City Clerk
17




This docket is subject to change.

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