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Regular Meeting
Tuesday, October 24, 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. Lynn, Director of Planning and Zoning; Mrs. Godwin, Director of Management and Budget; Mr. Gitajn, Director of Financial and Information Services; Mr. Cyphers, Director of Human Services; Mr. Schott, Director of General Services; Mr. Neckel, Director of Finance; Mr. Robinson, Director of Recreation, Parks and Cultural Activities; Mr. Simmons, Deputy Director of Recreation, Parks and Cultural Activities; Ms. Barnett, Division Chief, Recreation, Parks and Cultural Activities; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Sanderson, Director of Real Estate Assessments; Mr. Pessoa, Assistant City Attorney; Mr. Smith, Urban Planner, Planning and Zoning; Mr. Caton, Legislative Director; Mr. McMahon, Deputy Director of General Services; Ms. Schmitt, Division Chief, Finance; Mr. Crabtree, Chief of Surveys, Transportation and Environmental Services; Police Chief Samarra; and Lieutenant Kaluta, Police Department.

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




Members of City Council attended the Alexandria Commission on Persons with Disabilities' reception in recognition of National Disability Employment Awareness Month at 7:00 p.m. in the Cameron Street lobby of City Hall.

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 Gil Cloud, Pastor, Alexandria Methodist Church.



3. THERE BEING NO DISCUSSION, upon motion simultaneously made by Councilman Cleveland and Council Member Walker, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Minutes of the Regular Meeting of October 10, 1995, as submitted. The voting was as follows:


Cleveland "aye" Ticer "aye"
Walker "aye" Donley "aye"
Pepper "aye" Euille "aye"
Rich out of room

4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Vice Mayor Donley and carried on a vote of 6-to-0, City Council received the report of the City Clerk dated October 18, 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; 10/24/95, 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 out of room
Walker "aye"

5. Presentation of Proclamation Declaring the Month of October as Disability Employment Awareness Month in Alexandria.


(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/24/95 and is incorporated herewith as part of this record by reference.)
(Mayor Ticer presented the proclamation.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (6 - 14)
WITHOUT OBJECTION, City Council removed Docket Item No. 11 from the Consent Calendar and considered it under separate motion.

6. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:

(a) Alexandria Task Force on AIDS
J. Max Weintraub

(A copy of the above resignation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6 (a); 10/24/95, and is incorporated herewith as part of this record by reference.)

(a) Historic Alexandria Resources Commission
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(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7 (a-c); 10/24/95, and is incorporated herewith as part of this record by reference.)

8. Receipt of the Annual Report of the Alexandria Commission for Persons with Disabilities and the Alexandria Disability Services Board for Fiscal Years 1994 and 1995.

(A copy of the City Manager's memorandum dated October 19, 1995, is or file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/24/95, and is incorporated herewith as part of this record by reference.)

9. Receipt of the Annual Report of the Economic Opportunities Commission and the Office of Economic Opportunities.

(A copy of the City Manager's memorandum dated October 19, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 10/24/95, and is incorporated herewith as part of this record by reference.)

10. Consideration of the Monthly Financial Report for the Period Ending September 30, 1995.

(A copy of the City Manager's memorandum dated October 17, 1995, is on file in the office Of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/24/95, and is incorporated herewith as part of this record by reference.)

12. Consideration of the Supplemental Committee Attendance Report for Fiscal Year 1995.


(A copy of the City Manager's memorandum dated October 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/24/95, and is incorporated herewith as part of this record by reference.)

13. Consideration of Request to Make the 400 Block of Laverne Avenue One-Way Eastbound from Montrose Avenue to East Glebe Road.

(A copy of the City Manager's memorandum dated October 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/24/95, and is incorporated herewith as part of this record by reference.)

14. Consideration of Establishing a Residential Permit Parking District in the Mt. Jefferson Civic Association Area.

(A copy of the City Manager's memorandum dated October 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/24/95, and is incorporated herewith as part of this record by reference.)






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WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Councilman Cleveland and carried unanimously, City Council approved the Consent Calendar, as presented, with the exception of Docket Item No. 11 which was considered under a separate motion. The City Manager's recommendations are as follows:

6. City Council received the following resignation with regret: (a) J. Max Weintraub from the Alexandria Task Force on AIDS; and requested the ExecutiveSecretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.

7. City Council (a) reappointed Tina Silverman as a Representative from the Alexandria Historical Restoration and Preservation Commission to the Historic Alexandria Resources Commission; (b) reappointed Gina LaSasso as a Non-Health Professional Member to the Alexandria Public Health Advisory Commission; and (c) reappointed Helen Donovan as a Representative from the Alexandria Public Health Advisory Commission and appointed Amy Begg as a Citizen-at-Large Member to the Alexandria Task Force on AIDS.

8. City Council received the report and commended the Commission on its work over the past two years.

9. City Council deferred this item to the November 14 City Council Legislative meeting.

10. City Council (1) received the Financial Report for the period ending September 30, 1995; and (2) authorized the City Manager to Award contracts to the lowest responsive and responsible bidders for the following public improvement projects: The conversion of the City's existing analog public safety radio system to digital technology; and the construction of a relief sanitary sewer line for the Timber Branch sanitary trunk line and various other sanitary sewer reconstruction project tasks throughout the city.

12. City Council received the supplemental report; vacated the positions listed on page two of the report; and authorized the Executive Secretary for Boards and Commissions to advertise the vacancies.

13. City Council approved the request.

14. City Council approved the Traffic and Parking Board's recommendation to create a Residential Permit District in the Mt. Jefferson neighborhood.

END OF CONSENT CALENDAR
The voting as as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Walker "aye"







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11. Consideration of Acquisition of the Former S. J.Bell property Located at 3600 Wheeler Avenue.

(A copy of the City Manager's memorandum dated October 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/24/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Donley and carried on a vote of 6-to-0, City Council approved the acquisition of this land, and authorized the City Manager to execute all necessary documents to complete the acquisition of this site. The voting was as follows:

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

15. Consideration of a Revised Five-Year License Agreement with Church Schools in the Episcopal Diocese of Virginia for the Use of Athletic Facilities Located at 4401 West Braddock Road by Students Attending St. Stephen's/St. Agnes School. (#18 10/10/95)

(A copy of the City Manager's memorandum dated October 19, 1995, together with the agreement, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 15; 10/24/95, and is incorporated herewith as part of this record by reference.

A copy of the City Attorney's memorandum dated October 24, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 10/24/95, and is incorporated herewith as part of this record by reference.)

(There was considerable discussion on this item by the Members of City Council, Recreation, Parks and Cultural Activities Director Robinson, City Attorney Sunderland, and City Manager Lawson.

WITHOUT OBJECTION, Betty H. Cranwell, 801 Grand View Drive, spoke to the compromise presented by the City Attorney in his memorandum.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Donley and carried unanimously City Council (1) approved a revisedfive-year (1995-2000) license agreement with Church Schools in the Episcopal Diocese of Virginia, a Virginia non-stock Company that operates St. Stephen's and St. Agnes School, for the use of City-owned athletic facilities located at 4401 West Braddock Road from September 1 through May 31 of each year during the term this agreement; and approved and included the two amendments to the agreement listed in the memorandum dated October 24, 1995, from the City Attorney. The Park and Recreation Commission, at its September 21 meeting, recommended that City Council adopt the revised five-year license agreement. At the end of the five-year term, the agreement will be analyzed by staff with input from the community and the school, and staff will return to City Council with a recommendation whether the license agreement should be renewed; and (2) authorized the City Manager to sign the revised agreements as amended. The voting was as follows:



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Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Board of Architectural Review, Old and Historic Alexandria District
16. CASE BAR-95-84 -- Public Hearing on and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, denying a Certificate of Appropriateriess for approval of a replacement gate to be installed at 403 South Fairfax Street, zoned RM, Residential. Applicant: Victoria anci Red Cavaney. (#48 9/16/95)

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/24/95, and is incorporated herewith as part of this record by reference.

A copy of a letter dated November 18, 1994, from Mr. Lynn to the appellants which was submitted by the appellants for the record, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 10/24/95, and is incorporated herewith as part of this record by reference.

A copy of an application for permit for repairs, alterations etc., dated August 17, 1959, which was submitted by the appellant for the record, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 16; 10 /24 / 95, and is incorporated herewith as part of this record by reference.

A copy of a letter dated October 19, 1995, from Mr. Hynan, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 16; 10/24/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper, Council Member Walker and Councilman Cleveland and carried unanimously, City Council remanded this back to the Board of Architectural Review for redesign and consideration of an alternative design of the wooden gate that would preserve the historic character while still trying to afford the appellants some degree of privacy. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Ticer "aye"
Walker "aye" Euille "aye"
Rich "aye"

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Vice Mayor Donley announced the opening of the George Washington University Graduate Center at the King Street Metro which was celebrated yesterday. He congratulated G.W. on the opening of the Graduate Center and also congratulated them on their 175th Anniversary.

(b) Councilman Euille announced that this Saturday, October 28, is National Make a Difference Day. There are several things that are occurring in our City: (1) the Walk-a-thon to Fight Breast Cancer; and (2) both Patrick Henry and Jefferson Elementary School will be conducting neighborhood cleanup day in their neighborhoods and he encouraged the citizens that live in the area to come out to participate. He stated that there are other things that individuals and citizens can do, such as conducting clothing drives, adopting a family, visiting hospitals, nursing homes, taking neighborhood kids to the zoo, extending love and affection to our neighbors, friends and co-workers, feeding the hungry, improving race relations and becoming mentors and big brothers and sisters for the people in our neighborhoods.

(c) Councilwoman Pepper noted that one of Alexandria's oldest citizens has died. She is a 97 year old lady, Mrs. Ulysses Jackson. She was one of the oldest voters and was an active member of the Krunch Bunch for many years. Councilwoman Pepper sent the City's sympathies to her family.

(d) Councilwoman Pepper noted that City Council had received a token from Councilman Euille reminding us of Halloween. She announced that tomorrow the Alexandria Jaycees will be opening its haunted house at Landmark Shopping Center.

(e) Councilwoman Pepper welcomed Raymond Cole as the newest
member to the Alexandria School Board.

(f) Councilwoman Pepper noted the opening of the Watson Reading Room which is adjacent to the Black History Resource Center.



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(g) Councilwoman Pepper announced that two of Alexandria's distinguished citizens will be honored Thursday. Kathleen Baker and former Vice Mayor Mel Bergheim are receiving the Community Leadership Award from the Alexandria-Washington Lodge 22. The ceremonies are open to the public at the Masonic Temple on Thursday, 0ctober 26 at 7:30 p.m.

(h) Mayor Ticer noted the death of Jim Mulligan who was certainly one of our best and hardest working Chairmen of the Park and Recreation Commission. He fought a valiant fight against cancer to the end. He will be truly, truly missed. We will think of him and remember him very fondly for all of his good works that he did for this City, and keep his wife and grown children in their prayers for him.

(i) Councilman Cleveland announced that the Untouchables will be receiving all of the proceeds for the ribbon cutting and opening of Terlitzky's Fun Factory. He stated that the annual event for the Untouchables will be held on November 11 at 12:00 Noon, at the Fun Factory on Mt. Vernon Avenue.

(j) Councilman Cleveland spoke to the success of the Del Ray Market and congratulated the Market on its successful season. He stated that the growers and producers have extended the Market through the month of November.



ORDINANCES AND RESOLUTIONS

17. Consideration of the October 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 October 16, 1995, is or file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/24/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley 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 1996, and change Council review of the guidelines from every six months to annually, with the provision that the Board may, at its own discretion, make recommendations to Council at more frequent intervals. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

The resolution reads as follows:

RESOLUTION NO. 1759
1995 VOLUNTARY RENT GUIDELINES RESOLUTION
CITY OF ALEXANDRIA, VIRGINIA


WHEREAS, more than half of the dwelling units in the City of Alexandria are renter-occupied; and

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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 and forward recommendations to Council at a minimum of every 12 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 amounts 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 1996.



OTHER

(A copy of the City Manager's memorandum dated October 20, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/24/95, and is incorporated herewith as part of this record by reference.)


WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried unanimously, City Council scheduled (1) a work session with the Alexandria Redevelopment and Housing Authority at 6:00 p.m. in the Council Workroom before the Tuesday, January 9 City Council meeting; (2) a work session with representatives of the Eisenhower Avenue Public/Private Partnership at 6:30 p.m. before the Tuesday, January 23 City Council meeting in the City Council Workroom; and (3) a community meeting in the West End of the (City on Tuesday, January 30, 1996, at either Patrick Henry Elementary School or Hammond Middle School. The voting was as follows:

Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"



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CONTESTED APPOINTMENTS


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

Michele Klopner

Burton B. Moyer, Jr.*



(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 19; 10/24/95, and is incorporated herewith as part of this record by reference.)

Where upon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed Burton B. Moyer, Jr. as a Citizen Member to the Alexandria Social Services Advisory Board. The voting was as follows:

Ticer - Moyer
Donley - Moyer
Cleveland - Moyer
Euille - Klopner
Pepper - Moyer
Rich - Moyer
Walker - Klopner



EXECUTIVE SESSION

20. 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 Cleveland and carried unanimously, at 9:00 p.m., City Council convened an executive session at this time for the purpose of consulting with legal counsel pertaining to the following litigation involving the City, pursuant to Virginia § 2.1-344(A)(7); Robinson Terminal Warehouse Corp. v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves the 1990 through 1994 real estate tax assessments of the properties at 500 and 501 North Fairfax Street and One and Two Duke Street; and 400 South Union Street Jt. Venture v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves the 1991 and 1993 real estate tax assessments of the property at 400 South Union Street. The voting was is follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"





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THEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 4-to-0, at 9:20 p.m., City Council reconvened the meeting and the following transpired: The voting was as follows:

Pepper "aye" Donley out of room
Cleveland "aye" Euille out of room
Ticer "aye" Rich out of room
Walker "aye"

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the settlement of the suits as recommended by the City Attorney in Executive Session. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"

THEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1760
WHEREAS, the Alexandria City Council has this 24th day of October, 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.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a vote of 6-to-0, at 9:25 p.m., the Regular Meeting of Tuesday, October 24, 1995, was adjourned. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"


APPROVED BY:


_________________________________
PATRICIA S. TICER MAYOR





ATTEST:



___________________________
Beverly I. Jett, CMC City Clerk







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This docket is subject to change.

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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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