Regular Meeting
Tuesday, April 25, 1995 - - 7:30 pm
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Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William C. Cleveland, William D. Euille, Redella S. Pepper, Lonnie C. Rich, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Mr. Cyphers, Director of Human Services; Ms. Davis, Director of Housing; Mr. Neckel, Director of Finance; Mr. Gitajn, Director of Financial and Information Services; Mrs. Godwin, Director of Management and Budget; Fire Chief Hawkins; Police Chief Samarra; Mr. Schott, Director of General Services; Commonwealth's Attorney Kloch; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Barnett, Division Chief, Recreation, Parks and Cultural Activities; and Lieutenant Robbins, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The Meeting was called to order by Mayor Ticer and the City Clerk called the Roll; all Members of City Council were present.
The Invocation was pronounced by Reverend Robert L. Watts, Senior Minister, Washington Street Methodist Church.
3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Donley, seconded simultaneously by Councilman Cleveland and Councilwoman Pepper and carried unanimously, City Council approved the Minutes for the Special Meeting of April 11, 1995. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Walker "aye"
4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Vice Mayor Donley and carried unanimously, City Council received the report of the City Clerk dated April 18, 1995, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/25/95, and is incorporated herewith as part of this record by reference. The voting was as follows:
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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5. Presentation of Proclamation Honoring Leonard Calloway for His Service on the Alexandria Redevelopment and Housing Authority Board of Commissioners. (Mayor Ticer and Council Member Walker)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/25/95, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer and Council Member Walker presented the proclamation.)
WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Walker "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"
6. Presentation of Proclamation Proclaiming the Week of May 1-7, 1995 as Respect for Law Week in the City of Alexandria. (Council Member Rich)
(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; 4/25/95, and is incorporated herewith as part of this record by reference.)
(Council Member Rich presented the proclamation.)
WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Vice Mayor Donley and Council Member Walker and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Rich "aye" Ticer "aye"
Donley "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Pepper "aye"
7. Presentation of Proclamation Designating the Month of May as Older Americans Month. (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; 4/25/95, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper presented the proclamation.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
8. Receipt of the Following Resignations from members of Boards, Commissions and Committees:
(a) Alexandria Commission for the Arts
Angela I. Scarlis
(b) Alexandria Commission on Aging
Catherine Nicholson
Jane Ottman
(c) Alexandria Steering Committee on a Memorial for African American Leaders
(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-c); 4/25/95, and is incorporated herewith as part of this record by reference.)
9. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria Commission for the Arts
2 Members Representing Arts Education or
Business Expertise Relative to Arts and
Cultural Development
(Material pertaining to this item 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); 4/25/95, and is incorporated herewith as part of this record by reference.)
10. Consideration of Application to the Virginia Department of Health for Continued Funding for the Office on Women's Sexual Assault Response and Awareness Program.
(A copy of the City Manager's memorandum dated April 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 4/25/95, and is incorporated herewith as part of this record by reference.)
11. Consideration of Application to the Virginia Department of Criminal Justice Services for Continued Funding for the Victim/Witness Assistance Program.
(A copy of the City Manager's memorandum dated April 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/25/95, and is incorporated herewith as part of this record by reference.)
12. Consideration of Application to the U.S. Department of Agriculture for Continued Funding for the Summer Food Service Program for Children.
(A copy of the City Manager's memorandum dated April 12, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/25/95, and is incorporated herewith as part of this record by reference.)
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13. Consideration of Status Reports on Children Together, The Early Childhood Salary and Benefits Survey and Psychological Consultation and Training in the Management of Extreme Behaviors in the Preschool Classroom.
(A copy of the City Manager's memorandum dated April 12, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/25/95, and is incorporated herewith as part of this record by reference.)
14. Receipt of the Financial Report for the Period Ending March 31, 1995.
(A copy of the City Manager's memorandum dated April 17, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/25/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, 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) Angela I. Scarlis from the Alexandria Commission for the Arts; (b) Catherine Nicholson and Jane Ottman from the Alexandria Commission on Aging; and (c) Angela I. Scarlis from the Alexandria Steering Committee on a Memorial for African American Leaders; requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
9. City Council appointed Janet de Merode and James Wilhoit as Members Representing Arts Education or Business Expertise Relative to Arts and Cultural Development to the Alexandria Commission for the Arts.
10. City Council (1) approved the continuation of a 1.0 FTE grant-funded position of a Human Services Project Coordinator, formerly a Volunteer Developer, to administer the ongoing Sexual Assault Response and Awareness program. Continuation of this position is contingent upon the continuation of funding from the Virginia Department of Health or other non-city sources; (2) approved the increase of a 10 hours per week part-time Outreach/Prevention Specialist to a 20 hours per week (.50 FTE) position. This person would be working with the Office on Women to provide services under this grant proposal. This grant-funded position would terminate upon the expiration of the grant and the individual who is to fill this position would be notified of this condition of employment; (3) authorized the City Manager to submit the grant application to the Virginia Department of Health for funding, in the amount of $64,021 for the Office on Women's Sexual Assault Response and Awareness program; and, (4) authorized the City Manager to execute all documents that may be required.
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11. City Council authorized the City Manager to: (1) submit a grant application to the Virginia Department of Criminal Justice Services for funding, in the amount of $58,500, for continued funding of the Victim/Witness Assistance Program; (2) approve the continuation of two full-time grant-funded positions (one Victim-Witness Specialist I position and one Victim-Witness Specialist II position) to administer this on-going Victim/Witness Assistance Program. These grant-funded positions would terminate upon the expiration of the grant and the individuals who are to fill these positions would each be notified of this condition of employment; and (3) execute all necessary documents that may be required.
12. City Council authorized the City Manager to: (1) submit a grant application to the United States Department of Agriculture, in the amount of $105,000, for the Summer Food Service Program for Children; and (2) execute all necessary documents that may be required.
13. City Council received the status report and took the following actions: (1) reaffirmed that the $32,710 in matching funds for the Children Together project must be raised by June 30, 1995, and the matching funds will not be carried over to FY 1996 if Children Together is not able to obtain the complete match; and (2) approved carrying over to FY 1996, $5,129 for the Salary and Benefits Survey and Plan and up to $12,000 for Psychological Consultation and Training in the Management of Extreme Behaviors in Preschool Classrooms to allow contractors the time to complete their work.
14. City Council: (1) received the Financial Report for the period ending March 31, 1995; and (2) authorized the City Manager to award contracts to the lowest responsive and responsible bidders for the following public improvement projects: to bring signage into compliance with the Americans with Disabilities Act at various City facilities, to install assisted-listening systems in the Courthouse, Council Work Room, and the Lyceum Auditorium, and to improve the elevator at Chinquapin Recreation Center.
END OF CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
15. Consideration of Approval to Use City Facilities and Personnel for the Alexandria Red Cross Waterfront Festival on June 9, 10, and 11.
(A copy of the City Manager's memorandum dated April 10, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 4/25/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Vice Mayor Donley commended the Red Cross in the manner in which the Waterfront Festival will be conducted.
Councilman Euille directed questions to Mr. Kauffman, Director of Recreation, Parks and Cultural Activities.)
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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously, City Council approved the use of the following City facilities and personnel for the 14th Annual Alexandria Red Cross Waterfront Festival on June 9, 10, and 11 and set conditions for their use. All City costs associated with the festival are paid for by the Red Cross, and include permits and license fees, facilities and equipment rental fees, and staff fees at the appropriate overtime rates. These fees are estimated to total $45,027 this year, and are not to be waived. The Red Cross made a net total of $78,503 on the festival last year after paying $40,949.45 in City fees and costs.
A. Use of parks, equipment and public facilities (Attachment 1):
1. The use of Oronoco Bay Park from 12:00 p.m. - 11:00 p.m. on Friday, June 9 (same hours as 1994); 10:00 a.m. - 10:00 p.m. on Saturday, June 10 (one hour earlier than in 1994); and from 10:00 a. m. - 7:00 p. m. on Sunday, June 11 (one hour earlier than in 1994). Red Cross personnel and City staff will start placing equipment in the park on Tuesday, June 6.
2. The use of the Torpedo Factory Piers (north and south) and the Founders Park Piers (north and south) at the City marina for berthing and servicing of visiting ships during festival hours.
3. The use of the City's stage, tents, and additional picnic tables.
4. The closing of the following streets and a section of the bicycle path to vehicular traffic (except Festival and emergency vehicles) from 10:00 a.m. on Friday, June 9, through 10:00 p.m. on Sunday, June 11:
- Bicycle path between Montgomery and Oronoco Streets;
- Madison Street east of Fairfax Street to the school rowing facility;
- Pendleton Street east of Fairfax Street to Union Street;
- Oronoco Street east of Union Street to the river;
- Union Street north of Oronoco Street to Pendleton Street; and
- Montgomery Street east of bike path to the river.
5. A ban on parking on the following streets from 8:00 a.m. on Friday, June 9, until 9:00 p.m. on Sunday, June 11:
- Madison Street east of Fairfax Street to the river;
- Pendleton Street east of Fairfax Street to Union Street;
- Oronoco Street east of Union Street to the river; and
- Union Street north of Oronoco Street to Pendleton Street.
6. A ban on parking on Fairfax Street from Oronoco Street to Montgomery Street from 4:00 p.m. on Friday, June 9, until 9:00 p.m., on Sunday, June 11.
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B. Permits:
1. To allow the temporary occupancy of public spaces for displays, exhibits, events, demonstrations, sales, trash removal, toilet facilities, amusement rides and other similar activities (Attachment 2);
2. To allow the on-site sale of food and beer during festival hours;
3. To allow the performance of staged musical events in Oronoco Bay Park on Friday, June 9, 6:00 p.m. - 11:00 p.m.; Saturday, June 10, 10:00 a.m. - 10:00 p.m.; and Sunday, June 11, 10:00 a.m. - 7:00 p.m.;
4. To support a fireworks display to be conducted from a barge in the Potomac River on Friday, June 9 at 10:30 p.m. and Saturday, June 11 at 9:30 p.m. (this support should be contingent upon the Alexandria Red Cross obtaining permission to shoot fireworks from the District of Columbia); and
5. To allow the placement of Red Cross flags on utility poles from June 8 to June 12, from the 100 block of North Union Street to the 500 block of North Union Street, Oronoco Bay Park, and the City marina.
C. Set Conditions For Use:
1. No permits or license fees, facilities or equipment, rental fees, or staff costs required for the Festival shall be waived since the Red Cross raises a substantial amount of money from this festival.
a. Rental and staff fees shall be billed by the City on or before June 30, 1995, with payment due on or before July 30, 1995 (Attachment 3) and
b. All permit fees shall be paid in advance; all insurance requirements shall be met and the park bond shall be posted in advance (Attachment 4).
2. The Red Cross shall be responsible for the restoration of landscaping, grass, sprinkler systems, light poles, and other park amenities at Oronoco Bay Park, and the City marina area, and all other public rights-of-way as requested by the City. A $2,500 bond shall be posted. Additionally, the Red Cross will be assessed a restoration fee to aerate, seed and fertilize the park after the festival where necessary (Attachment 4).
3. Beer sales will be limited as follows: On June 9, 6:00 p.m. - 10:00 p.m. (one-half hour later than last year); On June 10, 12:00 noon - 9:00 p.m. with the exception of 4:00 p.m. - 6:00 p.m. which will be a two hour dry period for all alcoholic beverages; and on Sunday, June 11, 12:00 noon - 6:00 p.m. No beer is to be taken from the festival grounds. All beverages sold must be served in plastic cups, including non-alcoholic beverages. No more than two alcoholic beverages may be purchased at any one time by a customer (these are the same hours as the 1994 festival).
Other requirements pertaining to beer sales are as follow:
a. The Red Cross will obtain and produce a Virginia ABC license and City Banquet License.
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b. The Red Cross will provide T.I.P.S. training, (Training for Intervention Procedures for Servers of Alcohol), for volunteers who will be selling alcoholic beverages during the festival. These volunteers will not be permitted to consume these beverages while they serve them.
4. Where necessary, the Red Cross shall obtain permission from Federal, State and D.C. Government agencies and provide the City with copies of approvals and permits.
5. The Red Cross shall provide the City with copies of Certificates of Insurance for public liability and property damage of $1,000,000 with the City of Alexandria named as co-insured. The certificates shall cover waterfront docks, fireworks displays, Oronoco Bay Park, beer sales, and rights-of-way approved in this request (Attachment 4).
6. In addition, the Red Cross shall obtain and provide the City with a copy of a Certificate of Insurance for public liability and property damage of $1,000,000 per occurrence/$5,000,000 aggregate, with the City of Alexandria named as co-insured, to cover amusement rides.
7. The Red Cross will supply barricades to be placed on Friday, Saturday and Sunday morning. The Red Cross will provide personnel to place the barricades and to control each gate to prevent unauthorized motor vehicles from entering the closed streets.
8. The Red Cross will provide the personnel necessary to keep the parks, streets and sidewalks clean at all times. The City will provide a trash truck and personnel for removal and dumping of bagged trash from the Festival site. The Red Cross shall pay all dumping and personnel fees connected with this service (Attachment 3).
9. The Red Cross shall notify and obtain, where possible, letters confirming participation and/or cooperation from the following organizations and groups that will be affected by the Festival and submit such documents to the City for review before this permit is processed:
b. Sheet Metal Workers' Association
d. Gates Hudson Associates
e. Norfolk Southern Railway System
g. Alexandria Chamber of Commerce
h. Founders Park Citizens' Association
i. Old Town Citizens' Association
j. The Alexandria House Tenants' Association
k. Tobacco Quay Residents
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10. The Health Department must approve all food and beverage concessions prior to their arrival at the site. Adequate toilet facilities must also be provided.
11. The Red Cross shall provide and pay for night security of the festival grounds and along the waterfront.
12. The Red Cross shall be responsible for all docking fees incurred by visiting ships berthing at the City marina. It is also the responsibility of the Red Cross to inform the captains of all visiting ships of the time frame during which the Red Cross intends to pay docking fees, and advise them of City rates for all other times.
13. The Red Cross shall obtain a three-day banquet license and a three-day business license from the City's Finance Department (Attachment 4).
14. All food sales will be conducted under tents or from booths and wagons located throughout the Festival site. Concessionaires include several Alexandria restaurants and clubs. The Health and Fire Departments will monitor these activities to ensure that all codes are met.
The voting was as follows:
Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
16. Consideration of Support of Congressman Moran's Proposed Legislation Regarding the Acceptance of Master Card and Visa Cards for Tax Payments.
(A copy of the City Manager's memorandum dated April 17, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 4/25/95, and is incorporated herewith as part of this record by reference.)
(Vice Mayor Donley requested City Council to separate the recommendations so that it can consider recommendations 1 and 2 first, and after Council disposes of that part of the recommendation then it can consider recommendation 3 separately. Vice Mayor Donley stated that recommendation 3 involves a conflict of interest that he has due to his employment with Crestar Bank. He stated that the first two items deal generically with the acceptance of credit cards and proposed legislation in a larger sense, he indicated that he can participate in that discussion without any reservations; however, on recommendation 3 he would like to abstain.)
(General Discussion. City Council spoke to recommendations 1 and 2. City Manager Lawson participated in the discussion.)
WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council (1) supports the passage of H.R. 1169, the legislation introduced by Congressman Moran to address concerns outlined in the City Manager's memorandum regarding use of Visa and MasterCard credit cards for tax payments and (2) requested Senators Robb and Warner to support this legislation. The voting was as follows:
Euille "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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(Financial and Information Services Director Gitajn explained recommendation 3.)
THEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a vote of 6-to-0-to-1, City Council approved recommendation (3) and approved bringing the City's policy for acceptance of credit cards for taxes and fees into conformance with the policies in Arlington and Fairfax County as outlined in the memorandum. The voting was as follows:
Walker "aye" Donley abstained
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Council Member Walker announced that the Potomac West Business Association will hold a Security/Safety Expo on May 13, 1995, from 10 a.m. to 3 p.m. at the Mount Vernon Recreational Center, 2601 Commonwealth Avenue.
(b) Vice Mayor Cleveland commended Medic Unit #52 for the very professional manner in which they handled a recent emergency situation with his wife. They provided excellent service in assisting her.
(c) Councilwoman Pepper announced that Kathleen Hart from Lyles Crouch Elementary School was one of eighteen outstanding teachers honored by the Washington Post. Each received the Agnes Meyer Outstanding Teacher Award. The City is very proud of her for receiving this award.
(d) Councilwoman Pepper noted that in the various newspapers that Alexandria was recognized as having an outstanding display for Earth Day with some 2000 people attending. She congratulated the Earth Day Committee and the Environmental Policy Commission for taking on this task. She also expressed her appreciation to the Recreation, Parks and Cultural Activities Department who works with them.
(e) Councilman Euille noted that the Scholarship Fund of Alexandria Annual Gala is scheduled for Friday, April 28, 1995, at 7:30 p.m. at the home of Ralph and Cassandra Bradley, 622 West Braddock Road.
(f) Councilman Euille expressed concern about the Summer Youth Employment Program. He stated that there is a serious need for businesses in the City of Alexandria to open their arms and hire students to be employed this summer under the Summer Youth Employment Program. He urged the business community to rise to the occasion and seriously look at their staffing needs and if they can hire a student for this summer to please do so. Please call 838-0940 for details.
(g) Vice Mayor Donley spoke to the Homeownership Fair which is being held Saturday, April 29, 1995, 9:30 a.m. to 1:00 p.m. at T.C. Williams High School. He urged people to attend. He thanked the City Manager and staff for all their efforts in this endeavor.
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(h) Council Member Rich announced that there will be an appreciation dinner on Saturday night, April 29, at 7:00 p.m. for Betty Hobbs, outgoing Principal of Cora Kelly School. Ms. Hobbs has made a tremendous contribution to the school and throughout the city.
(i) Mayor Ticer spoke to the Minority/Small Business Task Force which is to be staffed by the Chamber of Commerce. She requested that each Member of Council appoint a representative within the next two weeks. There will also be representatives from the NAACP, the Northern Virginia Urban League, one Asian representative; and one Hispanic representative and perhaps members of other sectors of the business community. The Task Force is to report back to Council in November.
Councilman Euille also spoke to this Task Force.
ORDINANCES AND RESOLUTIONS
17. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE to adopt Supplement 44 of The Code of the City of Alexandria, Virginia, 1981, as amended. [ROLL-CALL VOTE]
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council introduced and passed the ordinance on its First and Second Readings. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3791
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. 44," are hereby adopted as and shall constitute "The Forty-Fourth Supplement to The Code of the City of Alexandria, Virginia, 1981."
Section 2. That the sections and portions thereof set forth in "The Forty-Fourth 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 November 13, 1994 and January 24, 1995, 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.
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Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any ordinance 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 November 13, 1994 and January 24, 1995, which is inadvertently omitted from or erroneously incorporated into The "Forty-Fourth Supplement to The Code of the City of Alexandria, Virginia, 1981," or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.
Section 4. That one complete set of pages comprising "The Forty-Fourth 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: 4/25/95
First Reading: 4/25/95
Second Reading: 4/25/95
Final Passage: 4/25/95
18. Consideration of the April 1995 Resolution from the Landlord-Tenant Relations Board Regarding the Voluntary Rent Guidelines. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated April 11, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 4/25/95, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council (1) adopted the resolution from the Landlord-Tenant Relations Board regarding the Voluntary Rent Guidelines which recommends that the City's Voluntary Rent Guidelines remain at 4.5% if the tenant pays utilities and 7% if the owner pays utilities; and (2) approved the Landlord-Tenant Relations Board's recommendation that the Board report back to City Council on the adequacy of the guidelines in October 1995. The voting was as follows:
Pepper "aye Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich aye"
The resolution reads as follows:RESOLUTION NO. 1739
WHEREAS, more than half of the dwelling units in the City of Alexandria are renter-occupied; and
WHEREAS, the Alexandria City Council has continually expressed its concern for the well-being of the City's tenants and landlords through proposed charter changes, legislation, and establishment of the Landlord-Tenant Relations Board; and
WHEREAS, the Alexandria Landlord-Tenant Relations Board has previously expressed its concern to the City Council regarding excessive rent increases.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alexandria, Virginia, calls upon the Alexandria Landlord-Tenant Relations Board to monitor and investigate complaints of rent increases in excess of the following guidelines and to conduct a review of the guidelines every six months:
-- If the tenants pay all utilities, not more than four and one-half percent cumulatively per year;
-- If all utilities are included in the rental amount, not more than seven percent cumulatively per year.
PROVIDED, however, that Board investigators will recognize and take into account any unusual costs, capital improvements and major repairs to the property (which should be substantiated by the owner), and extraordinary increases (more than 50%) in assessments;
PROVIDED, further, that the landlord may apportion increased real estate taxes in an equitable manner;
PROVIDED, further, that when a landlord converts utilities to a sub-metered or individually metered system, the amount of monthly rents, plus annualized utility costs, shall remain within these guidelines;
BE IT FURTHER RESOLVED that the Landlord-Tenant Relations Board will report to City Council on the adequacy of the above guidelines in October, 1995.
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OTHER
(A copy of the City Manager's memorandum dated April 20, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 4/25/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Council Member Rich and carried unanimously, City Council approved the Council Schedule as follows: (1) noted that the Council calendar has been changed to reflect the revised date for the Friends of the Alexandria Mental Health Center reception in honor of the late Dr. Judy Krasnow, former director of the Alexandria Mental Center. The new date is Tuesday, May 9, at 6:30 p.m. in Room 2000 before Council's legislative meeting. (The previous date was May 23.); (2) scheduled the dedication of James Mulligan Park at 8:30 a.m. before Council's Saturday, May 13 public hearing meeting; (3) scheduled a work session with the Alexandria Park and Recreation Commission at 6:30 p.m. in the Council Workroom before the Tuesday, June 13 Council meeting to discuss the Park and Recreation Master Plan; (4) noted that the dedication of the Alexandria African American Heritage Park, located on the Carlyle site has been scheduled for 8:30 a.m. before Council's Saturday, June 17 public hearing meeting; and (5) scheduled the dedication of the renovated Lee Center at 6:30 p.m. before Council's Tuesday, June 27 legislative meeting. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Walker "aye"
CONTESTED APPOINTMENTS
20. Alexandria Commission on Employment
1 Business Representative
(The following person volunteered for appointment to the above commission:)
NAME ENDORSED BY:
Berri Wells*
*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. 20; 4/25/95, and is incorporated herewith as part of this record by reference.)
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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and appointed Berri Wells as a Business Representative to the Alexandria Commission on Employment. The voting was as follows:
Ticer - Wells
Donley - Wells
Cleveland - Wells
Euille - Wells
Pepper - Wells
Rich - Wells
Walker - Wells
21. Alexandria Consumer Affairs Commission
(The following persons volunteered for appointment to the above Commission:)
Eugenia Burkes
Pam Cornelio
John Daly
Lynn Jordan
William Reagan
Shannon Scruggs
(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; 4/25/95, 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: no one received a majority of the votes which were cast; however, the Mayor changed her vote from Shannon Scruggs (since Ms. Scruggs only received the one vote) to Eugenia Burkes and City Council appointed Eugenia Burkes as a Citizen Member to the Alexandria Consumer Affairs Commission. The voting was as follows:
Ticer - Burkes
Donley - Cornelio
Cleveland - Jordan
Euille - Cornelio
Pepper - Burkes
Rich - Burkes
Walker - Burkes
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22. Alexandria Human Rights Commission
(The following persons volunteered or were recommended for appointment to the above commission:)
Betty Banks
Edward Cabot
Grant Cole
Sallie Craft Emmitt Carlton
Samuel Crockett
Tara Hardiman
Carol Hecklinger
Emily Rothberg*
(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. 22; 4/25/95, 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 Emily Rothberg and appointed Sallie Craft and Samuel Crockett as Citizen Members to the Alexandria Human Rights Commission. The voting was as follows:
Ticer - Craft, Crockett, Rothberg
Donley - Craft, Crockett, Rothberg
Cleveland - Cole, Craft, Rothberg
Euille - Craft, Crockett, Hardiman
Pepper - Craft, Hardiman, Rothberg
Rich - Craft, Hecklinger, Rothberg
Walker - Crockett, Hardiman, Rothberg
23. Alexandria Planning Commission
(The following persons volunteered or were recommended for appointment to the above Commission:)
Leslie Anglada
Christopher Campagna
H. Stewart Dunn, Jr. Delegate Marian Van Landingham
James Powell
C. Peter Schumaier
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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. 23; 4/25/95, 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 H. Stewart Dunn, Jr. as a Citizen Member to the Alexandria Planning Commission. The voting was as follows:
Ticer - Dunn
Donley - Dunn
Cleveland - Campagna
Euille - Dunn
Pepper - Dunn
Rich - Dunn
Walker - Dunn
24. Alexandria Redevelopment and Housing Authority Board of Commissioners
(The following persons volunteered or were recommended for appointment to the above Authority:)
NAME ENDORSED BY:
Dorothy Agurs
Michele Chapman
Shirley Marshall
Arthur Mosley
Sandra Northrop
Douglas Wood
Joyce Woodson Alexandria Branch of the
NAACP Tenants'
Support Committee
Linda Dickinson Hendrix
(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; 4/25/95, 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 Michele Chapman as a Citizen Member to the Alexandria Redevelopment and Housing Authority Board of Commissioners. The voting was as follows:
Ticer - Chapman
Donley - Chapman
Cleveland - Woodson
Euille - Woodson
Pepper - Chapman
Rich - Chapman
Walker - Woodson
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New Business Item No. 1: WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously, at 8:35 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 § 2. 1-344(A) (7): Snyder v. City of Alexandria, a case pending in the United States Court for the Eastern District of Virginia, No. 94-528A. The voting was as follows:
Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
New Business Item No. 2: WHEREUPON, upon motion by Councilman Euille, seconded simultaneously by Council Member Walker and Councilwoman Pepper and carried on a vote of 6-to-0, at 9:25 p.m., City Council reconvened the meeting. The voting was as follows:
Euille "aye" Ticer "aye"
Walker "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Rich out of room
THEREUPON, upon motion by Vice Mayor Donley, 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:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1740
WHEREAS, the Alexandria City Council has this 25th day of April, 1995, 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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New Business Item No. 3: WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried on a vote of 6-to-0, City Council authorized that a settlement be offered in the case Snyder v. City of Alexandria, as outlined in the executive session. The voting was as follows:
Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich out of room
Walker "aye"
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Donley, seconded by Council Member Walker and carried on a vote of 6-to-0, at 9:30 p.m., the Regular Meeting of Tuesday, April 25, 1995, was adjourned. The voting was as follows:
Donley "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Rich out of room
APPROVED BY:
_________________________________
PATRICIA S. TICER MAYOR
ATTEST:
____________________________
Beverly I. Jett, CMC City Clerk
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This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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