Regular Meeting
Tuesday, September 12, 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; Ms. Boyd, Director of Citizen Assistance; Mr. Cyphers, Director of Human Services; Mr. Robinson, Director of Recreation, Parks and Cultural Activities; Mr. Sanderson, Director of Real Estate Assessments; Mrs. Godwin, Director of Management and Budget; Ms. Fayne, Special Assistant to the City Manager; Mr. Caton, Legislative Director; Mr. Eiffert, Director of Agency on Aging; Fire Chief Hawkins; Police Chief Samarra; and Lieutenant Kaluta, 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.
The invocation was pronounced by the Reverend Dr. Henry B. Mitchell, Retired, Virginia Theological Seminary.
3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Vice Mayor Donley and carried unanimously, City Council approved the Minutes for (a) the Public Hearing Meeting of June 17, 1995; and (b) the Regular Meeting of June 27, 1995, as submitted. The voting was as follows:
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
4. THERE BEING NO DISCUSSION, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council received the report of the City Clerk dated September 7, 1995, a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/12/95, and is incorporated herewith as part of this record by reference. The voting was as follows:
Rich "aye" Cleveland "aye"
Ticer "aye" Walker "aye"
Donley "aye" Euille "aye"
Pepper "aye"
5. (a) Presentation of Proclamation Honoring the Alexandria Harmonizers for Winning First Place in the International Championship at the 1995 Society for the Preservation and Encouragement of Barbershop Quartet Singing in America, Inc. Contest in Miami Beach on July 8. (Mayor Ticer)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5 (a) ; 9/12/95, and is incorporated herewith as part of this record by reference.
A copy of a press release is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5 (a) ; 9/12/95, and is incorporated herewith as part of this record by reference.)
(b) Musical Selections to be Sung by the Award-winning Alexandria Harmonizers.
(Mayor Ticer presented the proclamation.)
WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation and the Alexandria Harmonizers sang a couple of musical selections. The voting was as follows:
Euille "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"
32. Presentation of Proclamation Declaring the Week of September 17-23, 1995, as NAACP Week in the City of Alexandria. (Councilwoman Pepper)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 9/12/95, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper presented the proclamation.)
WHEREUPON, upon motion by Councilman Cleveland, seconded simultaneously by Council Members Rich and Walker and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Ticer "aye"
Rich "aye" Donley "aye"
Walker "aye" Euille "aye"
Pepper "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (6 - 7; 9 - 13)
6. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(a) Alexandria-Caen Exchange Committee
Marlin G. Lord
(b) Alexandria-Gyumri Sister City Committee
David M. Colton
(c) Alexandria Archaeological Commission
Charles Bish
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(d) Alexandria Building Code Board of Appeals
Michael R. Wheeler
(e) Alexandria Commission for the Arts
Carol Reed
Patricia A. Shea
(f) Alexandria Commission for Women
Beverly T. Rawlings
(g) Alexandria Commission on Persons With Disabilities
Elizabeth Barnes
(h) Alexandria Economic Opportunities Commission
Eric Howell
(i) Historic Alexandria Resources Commission
Charles Bish
(j) Alexandria Industrial Development Authority
David A. Reid
(k) Alexandria Sister Cities Committee
David M. Colton
Doris C. Hetzel
(l) Alexandria Task Force on AIDS
Magalys Perez
(m) Alexandria Youth Services Commission
Paulette Hamilton
7. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria Board of Architectural Review - Parker-Gray District
(b) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Member Designated by Councilwoman Redella S. Pepper
(c) Alexandria Commission on Employment
1 Business Representative
(d) Alexandria Emergency Medical Services Council
1 Representative of the Hospital Administration at Alexandria Hospital
(e) Alexandria Environmental Policy Commission
(f) Historic Alexandria Resources Commission
1 Representative from the Alexandria Public Records Advisory Commission
(g) Alexandria Industrial Development Authority
(h) Alexandria Public Health Advisory Commission
1 Representative from the Alexandria Community Services
Board
1 Health Professional Member
(i) Alexandria 7 Task Force on AIDS
1 T.C. Williams High School Student
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(j) USS Alexandria Liaison Committee
1 Representative from the U.S. Navy League
(k) Alexandria Youth Services Commission
(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 Nos . 7 (a-k) ; 9/12/95, and is incorporated herewith as part of this record by reference.)
9. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to change the name of a portion of North Pickett Street to Ivor Street.
(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. 9; 9/12/95, 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. 9; 9/12/95, and is incorporated herewith as part of this record by reference.)
10. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to provide for private, rather than city, trash collection service in residential developments when permitted by special use permit.
(A copy of the City Manager's memorandum dated September 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/12/95, 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. 10; 9/12/95, 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. 10; 9/12/95, and is incorporated herewith as part of this record by reference.)
11. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to add to the city code generic provisions relating to the imposition of civil penalties for violations of local laws.
(A copy of the City Manager's memorandum dated September 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/12/95, 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. 11; 9/12/95, 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. 11; 9/12/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the consent calendar as presented with the exception of Docket Item Nos. 12 and 13. The City Manager' s recommendations are as follows:
6. City Council received the following resignations with regret: (a) Marlin G. Lord from the Alexandria-Caen Exchange Committee; (b) David M. Colton from the Alexandria-Gyumri Sister City Committee; (c) Charles Bish from the Alexandria Archaeological Commission; (d) Michael R. Wheeler from the Alexandria Building Code Board of Appeals; (e) Carol Reed and Patricia A. Shea from the Alexandria Commission for the Arts; (f) Beverly T. Rawlings from the Alexandria Commission for Women; (g) Elizabeth Barnes from the Alexandria Commission on Persons With Disabilities; h) Eric Howell from the Alexandria Economic Opportunities Commission; (i) Charles Bish from the Historic Alexandria Resources Commission; (j) David A. Reid from the Alexandria Industrial Development Authority; (k) David M. Colton and Doris C. Hetzel from the Alexandria Sister Cities Committee; (l) Magalys Perez from the Alexandria Task Force on AIDS; and (m) Paulette Hamilton from the Alexandria Youth Services Commission; and requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
7. City Council (a) reappointed William Moncure as a Citizen Member to the Alexandria Board of Architectural Review - Parker-Gray District; (b) appointed Donald Casey as a Member Designated by Councilwoman Redella S. Pepper to the Alexandria Budget and Fiscal Affairs Advisory Committee; (c) reappointed Gregory Wade as a Business Representative to the Alexandria Commission on Employment; (d) appointed Judith Goss as a Representative of the Alexandria Administration at Alexandria Hospital to the Alexandria Emergency Medical Services Council; (e) appointed Sean Kumar as a High School Student to the Alexandria Environmental Policy Commission; (f) reappointed Ruth Lincoln Kaye as a Representative from the Alexandria Public Records Advisory Commission to the Historic Alexandria Resources Commission; (g) reappointed Scott Humphrey and appointed James Powell and Holly Weinstein-Bacal as Citizen Members to the Alexandria Industrial Development Authority; (h) appointed Richard Ryan as a Representative from the Alexandria Community Services Board and reappointed Fay Menacker as a Health Professional Member to the Alexandria Public Health Advisory Commission; (i) appointed Courtney Boissonnault as a T.C. Williams High School Student to the Alexandria Task Force on AIDS; (j) reappointed Claudia Waller as a Representative from the U.S. Navy League to the USS Alexandria Liaison Committee; and (k) appointed Dionne Boston as a Parent Member to the Alexandria Youth Services Commission.
9. City Council introduced and passed the ordinance on its First Reading; and set it for Public Hearing, Second Reading and Final Passage on Saturday, September 16, 1995.
10. City Council introduced and passed the ordinance on its First Reading; and set it for Public Hearing, Second Reading and Final Passage on Saturday, September 16, 1995.
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11. City Council introduced and passed the ordinance on its First Reading; and set it for Public Hearing, Second Reading and Final Passage on Saturday, September 16, 1995.
END OF CONSENT CALENDAR
The voting was as follows:
Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"
12. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to establish a Criminal Justice Advisory Board consisting of 11 state and local officials and two citizen members to develop a plan for programs for local responsible offenders.
(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. 12; 9/12/95, 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. 12; 9/12/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Euille spoke to the diversification of this Board. He expressed concern that very few minorities and females will be represented on the Board.
Assistant City Manager Evans and City Attorney Sunderland stated that composition of this Board is set by the State Legislature. Ms. Evans indicated that staff will do an extensive search for recruitment of citizen members.
This issue will be included in our legislative package for reconsideration for expansion or diversification of its membership.)
WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried unanimously, City Council introduced and passed the ordinance on its First Reading; and set it for Public Hearing, Second Reading and Final Passage on Saturday, September 16, 1995. The voting was as follows:
Euille "aye" Donley "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
13. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend: (1) section 3-706 (A) of the Zoning Ordinance (RB/Townhouse zone) to reduce front and side yard requirements within the historic districts; (2) section 3-1106(A)(4) (RM/Townhouse zone) of the Zoning Ordinance to provide regulations for yards on corner lots within the historic districts; and (3) section 7-202 (permitted obstructions in required yards) to allow the board of architectural review to waive the height limitations on fences in front yards within the historic districts.
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(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. 13; 9/12/95, 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. 13; 9/12/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Cleveland asked questions of Planning and Zoning Director Lynn on the purpose for bringing this ordinance forward. Mr. Lynn explained that this is merely a technical amendment.)
WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Donley and carried unanimously, City Council introduced and passed the ordinance on its First Reading; and set it for Public Hearing, Second Reading and Final Passage on Saturday, September 16, 1995. The voting was as follows:
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
8. Consideration of Resolution Endorsing Continued Federal Funding of Public Television. (Mayor Ticer and Vice Mayor Donley) [ROLL-CALL VOTE]
(A copy of Mayor Ticer and Vice Mayor Donley's memorandum dated August 17, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/12/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Mayor Ticer and Vice Mayor Donley spoke to this issue.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution and requested that copies be forwarded to our congressional delegation and to the appropriate committees of the U.S. House of Representatives and the U.S. Senate. The voting was as follows:
Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
The resolution reads as follows:RESOLUTION NO. 1752
WHEREAS, federal funding is critical to public television and an excellent benefit for the American people helping to launch high-quality public television programming - without commercials and a wide range of local and national educational activities; and
WHEREAS, public television offers such unparalleled programs as Sesame Street, NOVA, the American Experience, the MacNeil/Lehrer Newshour, and Great Performances; and
WHEREAS, it is ironic that such programs are threatened at a time when more traditional broadcast television is under rhetorical attack and criticism for its violent and sexual content; and
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WHEREAS, with only fourteen per cent of public television funding coming from the federal government, public broadcasting is a solid investment of federal funds which leverages millions of additional dollars from private and non-profit sources throughout the country; and
WHEREAS, public television is viewed by over 100 million Americans each week, many of whom voluntarily provide financial support to their local stations creating a unique public/private partnership that works; and
WHEREAS, public television continues to be committed to education through programming designed to make children ready to learn such as Barney, Mister Rogers' Neighborhood and Sesame Street, which set the standard in non-violent educational television; and
WHEREAS, public television has been at the forefront of innovations in broadcasting, leading the way in the development of closed captioned programming and descriptive video service; and
WHEREAS, the Public Broadcasting Service (PBS) is headquartered here in Alexandria and is a leading corporate citizen in our community employing 350 persons; and
WHEREAS, PBS has adopted a local elementary school providing countless hours of volunteer time and resources to Alexandria youngsters giving sound evidence of their commitment through practical involvement;
NOW, THEREFORE, BE IT RESOLVED by the Alexandria City Council that it hereby endorses continued federal funding of public television and urges our Congressional delegation to support public broadcasting and its commitment to unmatched quality, service and education for the American people.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilwoman Pepper spoke to the Twilight Tatoo honoring Alexandria which was held on August 23.
(b) Vice Mayor Donley welcomed our newest corporate citizen, the Federation of State Boards of Physical Therapy.
(c) Vice Mayor Donley announced that the City of Alexandria and Alexandria Hospital will sponsor a Walk to Fight Breast Cancer in the Eisenhower Valley on October 28.
(d) Vice mayor Donley noted that crime in the City was down 4.9% in the first six months of 1995. He congratulated Police Chief Samarra and all of our Police Officers for a job well done.
Councilman Euille stated that the citizens need to be complimented also. He suggested that perhaps the National Night Out should be held two or three times a year.
(e) Councilman Euille announced that the Habitat for Humanity groundbreaking for the renovation of 1114 Princess Street will be September 23. Council is invited to participate on September 24.
(f) Councilman Euille complimented the Superintendent of Schools, teachers and school staff for the successful opening of schools.
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(g) Councilman Euille encouraged citizens to apply for the board and commission vacancies.
(h) Council Member Walker noted the assistance that PBS provided to ALEX (Alexandria Electronic Community) when they opened their service on Saturday, September 9.
(i) Councilman Cleveland spoke to the before and after school foreign language program. Persons interested in volunteering should contact Pam St. Clair-Correa at 549-2679.
(j) Council Member Rich spoke to the success of the AmeriCorps service to the community. He requested that the graduates be invited to the next Council Meeting on September 26 so that they and the City can be recognized.
(k) Mayor Ticer spoke to the successful visit by Attorney General Janet Reno. She congratulated the City agencies for doing an outstanding job presenting the City's programs.
(l) Council Member Rich spoke to the elected school board and vacancy. City Attorney Sunderland explained the process for filling the vacancy created by the resignation of Vernon Collins.
Council requested that a change be made to the charter to provide a provision for the replacement of an elected school board member should a vacancy arise during a term of office. This is to be included in the City's 1996 Legislative package.
(m) City Manager Lawson introduced three new staff members, namely, Barry Robinson, Director of Recreation, Parks and Cultural Activities, Denise Fayne, Special Assistant to the City Manager, and Bernie Caton, Legislative Director.
ORDINANCES AND RESOLUTIONS (continued)
14. Introduction and First Reading. Consideration. Passage on First Reading and Second Reading of AN ORDINANCE to adopt Supplement 46 of The Code of the City of Alexandria, Virginia, 1981, as amended. [ROLL-CALL VOTE]
The City Clerk read the docket item.
WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Donley 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:
Rich "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3816
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. 46, are hereby adopted as and shall constitute "The Forty-Sixth Supplement to The Code of the City of Alexandria, Virginia, 1981."
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Section 2. That the sections and portions thereof set forth in "The Forty-Sixth Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be in force and effect on and after the effective date of this ordinance, and all ordinances of a general and permanent nature which were adopted between April 26, 1995 and June 17, 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.
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 April 26, 1995 and June 17, 1995, which is inadvertently omitted from or erroneously incorporated into The "Forty-Sixth Supplement to The Code of the City of Alexandria, Virginia, 1981," or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.
Section 4. That one complete set of pages comprising "The Forty-Sixth Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the supplemental and replacement pages of such supplement shall be properly inserted into the copy of The Code of the City of Alexandria, Virginia, 1981, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.
Section 5. This ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 9/12/95
First Reading: 9/12/95
Second Reading: 9/12/95
Final Passage: 9/12/95
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15. Introduction and First Reading. Consideration. Passage on First Reading and Second Reading of AN ORDINANCE to adopt Supplement 7 of the City of Alexandria Zoning Ordinance. [ROLL- CALL VOTE]
The City Clerk read the docket item.
WHEREUPON, upon motion by Council Member Walker, 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:
Walker "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3817
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. 7," are hereby adopted as and shall constitute "The Seventh 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 Seventh 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 February 26, 1995, and June 17, 1995, 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.
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 February 26, 1995, and June 17, 1995, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Seventh Supplement to The Zoning Ordinance of the City of Alexandria, Virginia, 1992"; nor shall it affect any ordinance adopted after June 17, 1995.
Section 4. That one complete set of pages comprising "The Seventh 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. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 9/12/95
First Reading: 9/12/95
Second Reading: 9/12/95
Final Passage: 9/12/95
OTHER
(A copy of the City Manager's memorandum dated September 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/12/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council (a) adopted, as amended, the calendar of City Council meetings for September, 1995 - June, 1996. The first legislative meeting in October will remain as Tuesday, October 10; (2) noted the opening of the Watson Reading Room at the Alexandria Black History Resource Center scheduled for 2 p.m. on Sunday, October 15; and (3) received an update from the two Council/staff committees on welfare reform (the Committee on Human Services/Housing Programs, with Councilman Euille and Council Member Rich, and the Committee on the Community Forum on Welfare Reform, with Councilman Euille and Councilwoman Pepper). The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
CONTESTED APPOINTMENTS
17. Alexandria Affordable Housing Advisory Committee
(The following person volunteered for appointment to the above Committee:)
Terence McCarthy*
*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. 17; 9/12/95, 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 Terence McCarthy as a Landlord to the Alexandria Affordable Housing Advisory Committee. The voting was as follows:
Ticer - McCarthy
Donley - McCarthy
Cleveland - McCarthy
Euille - McCarthy
Pepper - McCarthy
Rich - McCarthy
Walker - McCarthy
18. Alexandria Building Code Board of Appeals
(The following persons volunteered for appointment to the above Board:)
Greg Enrique
Edward Revere
(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. 18; 9/12/95, 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 Edward Revere as a Citizen Member to the Alexandria Building Code Board of Appeals. The voting was as follows:
Ticer - Revere
Donley - Revere
Cleveland - Revere
Euille - Revere
Pepper - Revere
Rich - Enrique
Walker - Revere
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19. Alexandria Commission for the Arts
2 Members Representing the Public-at-Large
(The following persons volunteered for appointment to the above Commission:)
Robert Agnello
Nancy Deiss
Lauren Garcia
Jon Goldberg
Leslie Herzog
Ann Plaza
(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. 19; 9/12/95, 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 appointed Robert Agnello and Leslie Herzog as Members Representing the Public-at-Large to the Alexandria Commission for the Arts. The voting was as follows:
Ticer - Deiss, Herzog
Donley - Agnello, Herzog
Cleveland - Agnello, Deiss
Euille - Agnello, Herzog
Pepper - Agnello, Herzog
Rich - Deiss, Garcia
Walker - Agnello, Herzog
20. Alexandria Commission on Persons With Disabilities
1 Citizen Member Who Has a Disability
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(The following persons volunteered for appointment to the above Commission:)
Abbie Moore
Raymond Scheid
(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; 9/12/95, 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 appointed Abbie Moore as a Citizen Member Who Has a Disability to the Alexandria Commission on Persons with Disabilities. The voting was as follows:
Ticer - Moore
Donley - Moore
Cleveland - Moore
Euille - Moore
Pepper - Scheid
Rich - Moore
Walker - Scheid
21. Alexandria Community Services Board
(The following persons volunteered for appointment to the above Board:)
Carol Holmes
K. Robert Krupicka
Alice McAndrew
Susan Quatannens
(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. 21; 9/12/95, 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 appointed K. Robert Krupicka and Susan Quatannens as Citizen Members to the Alexandria Community Services Board. The voting was as follows:
Ticer - Krupicka, Quatannens
Donley - Krupicka, Quatannens
Cleveland - Krupicka, McAndrew
Euille - Krupicka, Quatannens
Pepper - Krupicka, McAndrew
Rich - Krupicka, Quatannens
Walker - Holmes, Quatannens
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22. Alexandria Emergency Medical Services Council
1 Representative of the Emergency Nurses
Association from Alexandria Hospital
1 Emergency Room Physician from Alexandria Hospital
(The following persons were recommended for appointment to the above Council:)
1 Representative of the Emergency Nurses
Association from Alexandria Hospital (NVENA)
Diane Dickerson* Sally Peregoy
President, NVENA
1 Emergency Room Physician from Alexandria
Hospital
William Rogers, M.D.* Alexandria Hospital
*Residency Waiver Required
(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; 9/12/95, 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 waived the residency requirements and appointed Diane Dickerson as a Representative of the Emergency Nurses Association from Alexandria Hospital (NVENA) and William Rogers, M.D. as an Emergency Room Physician from Alexandria Hospital to the Alexandria Emergency Medical Services Council. The voting was as follows:
Ticer - Dickerson, Rogers
Donley - Dickerson, Rogers
Cleveland - Dickerson, Rogers
Euille - Dickerson, Rogers
Pepper - Dickerson, Rogers
Rich - Dickerson, Rogers
Walker - Dickerson, Rogers
23. Alexandria George Washington Birthday Celebration Committee
1 Member Nominated by the Friendship Veterans Fire Engine Association
(The following person volunteered for appointment to the above Committee:)
NAME ENDORSED BY:
Edward Snyder* Friendship Veterans
(Residencey Waiver Required) Fire Engine Assn.
*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. 23; 9/12/95, 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 reappointed Edward Snyder as a Member Nominated by the Friendship Veterans Fire Engine Association to the Alexandria George Washington Birthday Celebration Committee. The voting was as follows:
Ticer - Snyder
Donley - Snyder
Cleveland - Snyder
Euille - Snyder
Pepper - Snyder
Rich - Snyder
Walker - Snyder
24. Alexandria Public Health Advisory Commission
1 Non-Health Professional Member
(The following persons volunteered for appointment to the above Commission:)
Jean Mayhan
Catherine Savino
(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; 9/12/95, 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 Jean Mayhan as a Non-Health Professional to the Alexandria Public Health Advisory Commission. The voting was as follows:
Ticer - Mayhan
Donley - Savino
Cleveland - Mayhan
Euille - Mayhan
Pepper - Savino
Rich - Mayhan
Walker - Mayhan
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25. Alexandria Public Records Advisory Commission
(The following persons volunteered for appointment to the above Commission:)
Claude Berube
Roderick Williams*
(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. 25; 9/12/95, 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 reappointed Roderick Williams as a Citizen Member to the Alexandria Public Records Advisory Commission. The voting was as follows:
Ticer - Williams
Donley - Williams
Cleveland - Williams
Euille - Williams
Pepper - Williams
Rich - Williams
Walker - Williams
26. Alexandria Redevelopment and Housing Authority Board of Commissioners
(The following persons volunteered for appointment to the above Authority:)
Maxine Clark
Joyce Woodson
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 26; 9/12/95, 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 appointed Joyce Woodson as a Citizen Member to the Alexandria Redevelopment and Housing Authority Board of Commissioners. The voting was as follows:
Ticer - Clark
Donley - Woodson
Cleveland - Woodson
Euille - Woodson
Pepper - Clark
Rich - Clark
Walker - Woodson
27. Alexandria Social Services Advisory Board
(The following persons volunteered for appointment to the above Board:)
Ryan Wagener*
Susan Weber
(Material pertaining to the above appointment is on f file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 27; 9/12/95, 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 reappointed Ryan Wagener as a Citizen Member to the Alexandria Social Services Advisory Board. The voting was as follows:
Ticer - Wagener
Donley - Wagener
Cleveland - Wagener
Euille - Wagener
Pepper - Wagener
Rich - Wagener
Walker - Wagener
28. Alexandria Task Force on AIDS
1 Representative from the Whitman-Walker Clinic
(The following person volunteered for appointment to the above Task Force:)
Tania Walker* Whitman-Walker Clinic
*Residency Waiver Required
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(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 28; 9/12/95, 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 waived the residency requirement and appointed Tania Walker as a Representative from the Whitman-Walker Clinic to the Alexandria Task Force on AIDS. The voting was as follows:
Ticer - Walker
Donley - Walker
Cleveland - Walker
Euille - Walker
Pepper - Walker
Rich - Walker
Walker - Walker
29. USS Alexandria Liaison Committee
(The following persons volunteered for appointment to the above Committee:)
Judith Keating
Arthur Killinger
Joel Maloney
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 29; 9/12/95, 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 Joel Maloney as a Citizen Member to the USS Alexandria Liaison Committee. The voting was as follows:
Ticer Killinger
Donley - Killinger
Cleveland - Keating
Euille - Maloney
Pepper - Maloney
Rich - Maloney
Walker - Maloney
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30. Alexandria Waterfront Committee
1 Citizen Who Resides West of Washington Street
(The following persons volunteered for appointment to the above Committee:)
Robert Busler, Jr.
Myra Halpin*
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 30; 9/12/95, 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 reappointed Myra Halpin as a Citizen Who Resides West of Washington Street to the Alexandria Waterfront Committee. The voting was as follows:
Ticer - Halpin
Donley - Halpin
Cleveland - Halpin
Euille - Halpin
Pepper - Halpin
Rich - Halpin
Walker - Halpin
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
(A copy of the City Manager's memorandum dated September 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 9/12/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council received the report; vacated the positions listed on pages three and four of the report; and authorized the Executive Secretary for Boards and Commissions to advertise the vacancies. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
34. Consideration of Approval of a Contract with the Alexandria Redevelopment and Housing Authority to Operate the Charles Houston Senior Center.
(A copy of the City Manager's memorandum dated September 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. I of Item No. 34; 9/12/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilwoman Pepper asked questions of Human Services Director Cyphers.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council approved the contract and authorized the City Manager to prepare all necessary documents. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
EXECUTIVE SESSION
31. Convening of an Executive Session for the Purpose of Consulting with Legal Counsel Pertaining to Pending Litigation Involving the City, Pursuant to Virginia Code § 2.1-344(A)(7).
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried on a vote of 6-to-0, at 9:09 p.m., City Council convened an executive session for the purpose of: consulting with legal counsel pertaining to the following litigation involving the city, pursuant to Virginia Code § 2.1-344(A)(7): Cummings Investment Associates v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves a challenge to the real estate tax assessments, for 1991 through 1993, of the property at 2 and 10 Prince Street, 204, 206 and 220 S. Union Street, 101 and 107 Duke Street, 101 Jefferson Street, and 108 Franklin Street; Dalton Associates v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves a challenge to the real estate tax assessments, for 1991 through 1993, of the property at 103 Oronoco Street; Cutrona v. Whitlock, a case pending in the Circuit Court for Chesterfield County, which involves an automobile accident in Chesterfield County involving a city vehicle driven by a city employee; and City of Alexandria v. Warren Saffelle, et al., a case pending in the Circuit Court for the City of Alexandria, in which the city seeks to condemn property located at 4939 Duke Street in connection with the new central library, and also for the purpose of: consulting with legal counsel and receiving a briefing by attorneys pertaining to probable litigation, pursuant to Virginia Code § 2.1-344(A)(7). The voting was as follows:
Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich left meeting
Walker "aye"
New Business Item No. 1: WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, at 9:34 p.m., City Council reconvened the meeting. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer out of room Rich left meeting
Walker "aye"
THEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a ROLL-CALL vote of 5-to-0, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:
Cleveland "aye" Donley "aye"
Walker "aye" Euille "aye"
Ticer out of room Rich left meeting
Walker "aye"
The resolution reads as follows:
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RESOLUTION NO. 1753
WHEREAS, the Alexandria City Council has this 12th day of September, 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.
WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council authorized the City Attorney to settle the lawsuits along the lines discussed in Executive Session. The voting was as follows:
Euille "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Pepper "aye"
Rich left meeting
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, at 9:37 p.m., the Regular Meeting of Tuesday, September 12, 1995, was adjourned. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "'aye" Euille "aye"
Ticer "aye" Rich left meeting
Walker "aye"
APPROVED BY:
PATRICIA S. TICER MAYOR
ATTEST:
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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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Original Author: Anonymous
Date Entered: 12/27/1996 11:23:02 AM
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