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Regular Meeting
Tuesday, June 10, 2003 - - 7:30 p.m.


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Present: Mayor Kerry J. Donley, Vice Mayor William C. Cleveland, Members of Council Claire M. Eberwein, William D. Euille, Redella S. Pepper, David G. Speck, and Joyce Woodson.

Absent: None.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Assistant City Manager; Mr. Jinks, Assistant City Manager; Mr. Baier, Director of Transportation and Environmental Services; Mr. Neckel, Director of Finance; Ms. Davis, Director of Housing; Mr. Mandley, Director of General Services; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Gordon, Public Information Officer; Ms. Boyd, Director of Citizen Assistance; Police Chief Samarra; Police Lieutenant Uzzell; Mr. Bauman, Director of Extended Care Services; Ms. Steele, Interim Director of Human Services; Ms. Federico, Director of Historic Alexandria; Ms. Primer, Chief, Child Protective Services; Ms. Chis, Director, Division of Social Services; Mr. Frazier, Director of Youth Services; Dr. Gilmore, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Brooks, Director of Court Services; Human Rights Director Niebauer; Ms. Smith-Page, Director of Real Estate Assessments; and Ms. Mitchell, Executive Director, Alexandria Convention and Visitors Association.

Recorded by: Ms. Jackie M. Henderson, City Clerk and Clerk of Council.
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OPENING

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.

City Council observed a moment of silence and then recited the Pledge of Allegiance. The Mayor asked everyone to keep in their prayers and thoughts Mike Green, a member of the Police Department, who is very seriously ill.

NEW BUSINESS NO. 1: City Council introduced and welcomed City Clerk Jackie Henderson to the meeting.

3. THERE BEING NO DISCUSSION, upon motion by Councilman Euille, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the minutes for (a) the Public Hearing Meeting of May 17, 2003, and (b) the Regular Meeting of May 27, 2003. The voting was as follows:

Euille "aye" Eberwein "aye" Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"

4. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council received the report of the City Clerk dated June 6, 2003, 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. The voting was as follows:

Cleveland "aye" Eberwein "aye" Pepper "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

5. Recognition of the Cora Kelly Cheerleaders.

City Council recognized the Cora Kelly Cheerleaders who performed three cheers for Council.

OPENING (continued)

6. Presentation of the 2003 Alexandria Waterfront Festival Proclamation for June 13-15, 2003.

(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; 6/10/03, and is incorporated herewith as part of this record by reference.)

Councilman Speck presented the proclamation.

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Speck "aye" Eberwein "aye" Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Woodson "aye"

NEW BUSINESS NO. 2: City Council recognized the student winners of the Human Rights Awards sponsored by the Human Rights Commission. Councilman Euille presented the Latin American Students Society, Ideen Solhtalab, and the Ethiopian Eritrean Club each with a $500 award from the William D. Euille Foundation.
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7. Presentation of Proclamation Proclaiming June as Safe Graduation Month.

Mayor Donley presented the proclamation.

(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; 6/10/03, and is incorporated herewith as part of this record by reference.)

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

Pepper "aye" Eberwein "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

8. Presentation of Proclamation Proclaiming June 24, 2003, as Saint John the Baptist Day.

(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. 8; 6/10/03, and is incorporated herewith as part of this record by reference.)

Councilwoman Pepper presented the proclamation.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried by a vote of 5-to-0, City Council endorsed the proclamation. The voting was as follows:

Pepper "aye" Eberwein out of room
Cleveland "aye" Euille "aye"
Donley "aye" Speck out of room
Woodson "aye"

NEW BUSINESS NO. 3: City Manager Sunderland introduced new Fire Chief Gary Mesaris.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (9-19) (24-32)

Without objection, City Council withdrew item nos. 16, 26 and 28 from the consent calendar and considered them under separate motions.

9. Receipt of the Following Resignations From Members of Boards, Commissions and Committees:

(a) Alexandria-Caen Exchange Committee
David Lapan
Christopher Schultz

(b) Alexandria Commission for the Arts
Annmarie Pittman

(c) Alexandria Commission on HIV/AIDS
Christy Rothenberger

(A copy 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 Nos. 9 (a-c); 6/10/03, and is incorporated herewith as part of this record by reference.)

10. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Commission on Employment
1 Business Representative From Among Recognized Area Businesses, Including Minority-Owned and Small Businesses

(b) Alexandria Commission on HIV/AIDS
1 Member From and Representing the Alexandria Commission for
Women

1 Member From and Representing the Northern Virginia AIDS Ministry
(NOVAM)

(c) Alexandria Commission on Information Technology
1 Member Representing An Institution of Higher Education Located
In Northern Virginia

(d) Alexandria Community Services Board
1 Citizen Member

1 Consumer (Current or Former Direct Recipient of Public or Private
Mental Health, Mental Retardation, or Substance Abuse Treatment
Rehabilitation Services) or Family Member of the Consumer (Immediate
Family Member or the Principal Caregiver Who Is Not Paid)

(e) Alexandria Convention and Visitors Association Board of Governors
1 Member-at-Large

(f) Alexandria Emergency Medical Services Council
1 Citizen Member

(g) Historic Alexandria Resources Commission
1 Member-at-Large From Planning District I

1 Representative From the Torpedo Factory Artists Association

(h) Alexandria Public Records Advisory Commission
1 Citizen Member

(i) Alexandria Sister Cities Committee
1 Member From the Alexandria-Gyumri Sister City Committee

(j) Alexandria Waterfront Committee
1 Representative From the Alexandria Seaport Foundation

(k) Alexandria Youth Policy Commission
1 Parent From School Board District B


(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. 10 (a-k); 6/10/03, and is incorporated herewith as part of this record by reference.)

11. Consideration of Youth Fund FY 2004 Grant Awards.

(A copy of the City Manager's memorandum dated May 30, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/10/03, and is incorporated herewith as part of this record by reference.)

12. Consideration of a Non-Competitive Grant Application to the Virginia Department of Environmental Quality, Litter Prevention and Recycling Program, for Funding for the Adopt-A-Park Litter Control Program.

(A copy of the City Manager's memorandum dated May 28, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/10/03, and is incorporated herewith as part of this record by reference.)

13. Consideration of Community Partnership Fund for Human Services FY 2004 Grant Awards.

(A copy of the City Manager's memorandum dated June 2, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/10/03, and is incorporated herewith as part of this record by reference.)

14. Consideration of Application for Funding Overtime for Office of Sheriff and Police Department.

(A copy of the City Manager's memorandum dated June 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/10/03, and is incorporated herewith as part of this record by reference.)

15. Consideration of Budget Transfers of Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Program Funds.

(A copy of the City Manager's memorandum dated May 29, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/10/03, and is incorporated herewith as part of this record by reference.)

17. Consideration of Grant Submission to the Federal Office of Victims of Violent Crimes (OVC) to Fund Alexandria Community Services Board's Ongoing Response to the Threat of Terrorism, the Sniper Attacks and Other Related Events.

(A copy of the City Manager's memorandum dated June 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/10/03, and is incorporated herewith as part of this record by reference.)

18. Consideration of Court Service Unit Plan for the Expenditure of Federal Foster Care Revenues.

(A copy of the City Manager's memorandum dated June 2, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/10/03, and is incorporated herewith as part of this record by reference.)



19. Consideration of Contract Between the City of Alexandria and the Equal Opportunities Commission for the Office of Human Rights.

(A copy of the City Manager's memorandum dated June 5, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/10/03, and is incorporated herewith as part of this record by reference.)

24. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to make supplemental appropriations for the support of the government of the City of Alexandria for FY 2003.

(A copy of the City Manager's memorandum dated June 2, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/10/03, 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 No. 24; 6/10/03, 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. 3 of Item No. 24; 6/10/03, and is incorporated herewith as part of this record by reference.)

25. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to make appropriations for the support of the government of the City of Alexandria for FY 2004.

(A copy of the City Manager's memorandum dated June 5, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/10/03, 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 No. 25; 6/10/03, 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. 3 of Item No. 25; 6/10/03, and is incorporated herewith as part of this record by reference.)

27. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to permit the supplemental real estate tax assessment of new buildings substantially completed after November 1 of the tax year.

(A copy of the City Manager's memorandum dated June 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/10/03, 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. 27; 6/10/03, 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. 3 of Item No. 27; 6/10/03, and is incorporated herewith as part of this record by reference.)

29. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to change the Second Presbyterian Church polling place to the Douglas MacArthur School.

(A copy of the City Manager's memorandum dated May 30, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/10/03, 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. 29; 6/10/03, 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. 3 of Item No. 29; 6/10/03, and is incorporated herewith as part of this record by reference.)

30. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to extend the telephone franchise of Verizon Virginia, Inc.

(A copy of the City Attorney's memorandum dated June 2, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/10/03, 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 No. 30; 6/10/03, 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. 1 of Item No. 30; 6/10/03, and is incorporated herewith as part of this record by reference.)

31. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to adopt the Potomac West Small Area Plan Chapter, Alexandria Open Space Plan Chapter, and Strategic Master Plan for Recreation, Parks and Cultural Activities Chapter, as part of the City of Alexandria Master Plan.

(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. 1 of No. 31; 6/10/03, 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. 31; 6/10/03, and is incorporated herewith as part of this record by reference.)





32. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to implement the Potomac West Small Area Plan Chapter of the Master Plan, as part of the City of Alexandria Zoning Ordinance.

(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. 1 of Item No. 32; 6/10/03, 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. 32; 6/10/03, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Consent Calendar, except for item nos. 16, 26 and 28.

9. City Council received the following resignations with regret: (a) David Lapan and Christopher Schult from the Alexandria-Caen Exchange Committee; (b) Annmarie Pittman from the Alexandria Commission for the Arts; and (c) Christy Rothenberger from the Alexandria Commission on HIV/AIDS; 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.

10. City Council (a) waived the residency requirement and reappointed Robyn Fitzgerald to the Alexandria Commission on Employment; (b) reappointed Susan Butler as the Commission for Women representative and waived the residency requirement and reappointed Jacqueline Forbes as the Northern Virginia AIDS Ministry representative to the Alexandria Commission on HIV/AIDS; (c) waived the residency requirement and reappointed Kevin Reed as the Institution of Higher Education Located in Northern Virginia representative to the Alexandria Commission on Information Technology; (d) appointed Mary Weber as the citizen member and Dana Payne as the consumer or family member of the consumer representative to the Alexandria Community Services Board; (e) appointed Annmarie Pittman as the member-at-large to the Alexandria Convention and Visitors Association Board of Governors; (f) appointed Paul Prevost as the citizen member to the Alexandria Emergency Medical Services Council; (g) reappointed Susan Horne-Quatannens as the member-at-large from Planning District I and Murney Keleher as the Torpedo Factory Artists Association representative to the Historic Alexandria Resources Commission; (h) appointed Charles Ziegler as the citizen member to the Alexandria Public Records Advisory Commission; (i) appointed Kenneth Hill as the Alexandria-Gyumri Sister City Committee representative to the Alexandria Sister Cities Committee; (j) reappointed James McElhenny as the Alexandria Seaport Foundation representative to the Alexandria Waterfront Committee; and (k) appointed Michele Brandon as the parent from School Board District B to the Alexandria Youth Policy Commission to be effective July 1, 2003.

11. City Council received the Youth Fund FY 2004 grant awards and thanked the members of the Youth Policy Commission for their leadership in the FY 2004 grant award process.




12. City Council authorized the City Manager to submit a grant application to the Virginia Department of Environmental Quality, Litter Prevention and Recycling Program, for Funding in the approximate amount of $14,629 for the Adopt-A-Park Litter Control Program; and to execute all necessary documents that may be required.

13. City Council received the Community Partnership Fund for Human Services FY 2004 Grant Awards and thanked members of the citizen review panel for their assistance in the FY 2004 grant award process.

14. City Council approved a grant application to the U.S. Department of Justice for a total of $244,905 for one year, of which the federal share is 75 percent, or $183,679, and the City share is 25 percent, or $61,226 for Funding Overtime for Office of Sheriff and Police Department; that contingent upon federal approval of the grant application, allocated $61,226 from the City's FY 2004 contingent reserve; and authorized the City Manager to execute all necessary documents.

15. City Council approved the budget transfers to the Home Rehabilitation Loan Program and the Transitional Assistance Program; and approved the transfer of all FY 2004 CDBG and HOME program income from the Homeownership Assistance Program to the HRLP in each grant account.

17. City Council approved the Grant Submission to the Federal Office of Victims of Violent Crimes (OVC) to Fund Alexandria Community Services Board's Ongoing Response to the Threat of Terrorism, the Sniper Attacks and Other Related Events, and if awarded, accepted $970,127 for FY 2004 and $1,020,297 for FY 2005.

18. City Council approved the reinvestment plan for the expenditure of Title IV-E Foster Care federal revenues acquired by the Court Service Unit for the Expenditure of Federal Foster Care Revenues.

19. City Council authorized the City Manager to sign a contract with the Equal Employment Opportunity Commission for funding in the amount of $50,600 for the Alexandria Office of Human Rights to continue as a Fair Employment Practices Agency.

24. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 14, 2003.

25. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 14, 2003.

27. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 14, 2003.

29. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 14, 2003.

30. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 14, 2003.


31. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 14, 2003.

32. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 14, 2003.

The voting was as follows:

Euille "aye" Eberwein "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"

16. Consideration of Grant Application to the Department of Criminal Justice Services for a One-time Special Request Fund Grant.

(A copy of the City Manager's memorandum dated May 30, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/10/03, and is incorporated herewith as part of this record by reference.)

Councilwoman Eberwein said she hoped they get the funds, as bikes for the school cops seems like an excellent idea. Hopefully, there will be some bike racks at T.C. Williams to help solve the parking problem.

WHEREUPON, upon motion by Councilwoman Eberwein, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Grant application to the Virginia Department of Criminal Justice Services for a total of $5,473 for one year, of which the State share is 75 percent, or $4,855, and the City share is 25 percent, or $1,618; and authorized the City Manager to execute all necessary documents. The voting was as follows:

Eberwein "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"

26. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to reduce the minimum size requirement for open-space use taxation to one-quarter of an acre.

(A copy of the City Manager's memorandum dated June 5, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/10/03, 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 No. 26; 6/10/03, 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. 3 of Item No. 26; 6/10/03, and is incorporated herewith as part of this record by reference.)


Councilwoman Eberwein asked staff to provide information, before the public hearing on Saturday, as she had concerns over reducing the tax rate for only large properties and there is also an issue of equity. She asked staff to prepare a map of the neighborhoods where this could reasonably be done. Councilwoman Eberwein posed questions to Director of Real Estate Assessments Smith-Page, who responded to her concerns.

Councilman Euille asked if it was an administrative correction or if there were requests.

After the discussion, City Manager Sunderland said he would come back with an explanation and recommendation before the public hearing on Saturday.

WHEREUPON, upon motion by Councilwoman Eberwein, seconded by Councilman Speck and carried unanimously, City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 14, 2003. The voting was as follows:

Eberwein "aye" Cleveland "aye"
Speck "aye" Euille "aye"
Donley "aye" Pepper "aye"
Woodson "aye"

28. Introduction and First Reading: Consideration. Passage on First Reading of an Ordinance to establish dispute resolution procedures and standards for owners and operators of taxicabs subject to City regulation.

(A copy of the City Manager's memorandum dated June 3, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/10/03, 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 No. 28; 6/10/03, 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. 3 of Item No. 28; 6/10/03, and is incorporated herewith as part of this record by reference.)

Councilwoman Woodson said she met yesterday with the leadership of the taxicab drivers and their organizer, and she asked that the item be pulled indefinitely until such time as there can be some kind of balance reached where the drivers and the owners are fairly represented.

WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Cleveland, and carried on a vote of 6-to-0, City Council deferred the first reading. The voting was as follows:

Woodson "aye" Eberwein "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Speck out of room



REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

20. Verbal Report on the Three Corners of Lower King Street.

Assistant City Manager Mark Jinks and Deputy Director of Planning and Zoning Ross presented the report.

City Council accepted the report on the Three Corners of Lower King Street.

21. Receipt of the Alexandria Visitors Center Consultant Report.

(A copy of the City Manager's memorandum dated June 5, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/10/03, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Eberwein and carried unanimously, City Council received the Alexandria Visitors Center Consultant Report and referred it to the City staff for coordination and further analysis, discussion and consideration by the community; and requested the City Manager to bring recommendations concerning the establishment of a new or expanded visitors center to the City Council for public hearing and final determination before the end of 2003. The voting was as follows:

Speck "aye" Cleveland "aye"
Eberwein "aye" Euille "aye"
Donley "aye" Pepper "aye"
Woodson "aye"

22. Consideration of the Staff Recommendations for Reuse of the ARCH Facility at 716-718 North Columbus Street. (#7 5/17/03)

(A copy of the City Manager's memorandum dated June 4, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/10/03, and is incorporated herewith as part of this record by reference.)

Mayor Donley said the staff recommendation is that the ARCH facility be converted to a mentor foster home for four youth, and he said he thought it was critical to maintain it under City control. Both the proposed uses are good uses, and this is one of those times when it has two competing priorities, and Council will weigh the analysis and make a decision.

General Discussion. The Members of City Council, Mental Health, Mental Retardation and Substance Abuse Director Gilmore, Interim Human Services Director Steele, Social Services Director Chis, Extended Care Director Bauman, and the City Manager participated in a lengthy discussion on this item.

WHEREUPON, a motion was made by Councilwoman Woodson, seconded by Councilwoman Eberwein for purposes of discussion, that the ARCH site be used for the Safe Haven application.







Nancy O'Donnell, N. Columbus Street, said the demographics in the neighborhood, the fact that it is over 80 percent subsidized housing, and adding Safe Haven would compound the problems already existing. She noted there are other sites available for a Safe Haven, and ALIVE has offered a facility to Safe Haven, there is a drug problem in the neighborhood, and the City refuses to place a trash can on their corner because of the large quantities of drug paraphanelia.

There was further discussion by the Members of Council and staff.

Councilwoman Woodson called the question.

Councilwoman Eberwein withdrew her second.

The Mayor said there is a motion on the floor, and there was no second, so the motion died for lack of a second.

WHEREUPON, a motion was made by Councilwoman Eberwein, seconded by Councilwoman Woodson, to send this back to staff to try to look at potential uses for all the sites and with the impetus being that they allow CSB to identify a site to go after that grant.

Councilwoman Woodson said the only problem with waiting until the next Council is that it passes that July date and dooms this particular grant application. Perhaps it could come back at the next Council meeting.

City Manager Sunderland said he didn't know how it could come back in two weeks with a location on which it could decide.

WHEREUPON, a substitute motion was made by Councilman Speck, seconded by Councilman Euille, to approve the Mentor Foster Home use and to direct the staff to aggressively pursue potential sites for a Safe Haven use in the City.

Councilwoman Woodson said the motion is open-ended, and she asked what that really meant.

Councilman Speck said he was just wondering whether it should make clear two things: to authorize the CSB to submit an application with a to be determined site that indicates that the Council is supporting the idea of a Safe Haven use, they are actively seeking the site location, and to put in the grant application. He said the intent behind his motion was to send at some level a signal to both the community and the CSB that it does think it is a use that they value, support and want to try to do everything they can do to encourage both the funding and the location.

After discussion, Councilman Speck added an amendment to the substitute motion that Council should go ahead with the Mentor Foster usage now, and could support an application to be submitted by the July 15 deadline with a Mill Road location.

Councilman Euille, as seconder of the motion, accepted the amendment.

Mayor Donley said the question before Council is whether to consider the substitute motion. The voting was as follows:




Speck "aye" Cleveland "aye"
Euille "aye" Eberwein "aye"
Donley "aye" Pepper "aye"
Woodson "aye"

Members of City Council spoke to the motion.

Councilwoman Woodson asked for a separation on the motion.

Councilman Speck, as maker of the motion, said he would agree to that.

Mayor Donley said to separate the question, the first question before Council would be to proceed with the mentoring foster home program at North Columbus Street, the former ARCH facility. The voting was as follows:

Speck "aye" Cleveland "aye"
Euille "aye" Eberwein "aye"
Donley "aye" Pepper "aye"
Woodson "no"

Mayor Donley said the second part of the motion was to proceed with the report back to Council on a potential grant application for the Safe Haven project, which is supported as a priority of the Council. The voting was as follows:

Speck "aye" Cleveland "aye"
Euille "aye" Eberwein "aye"
Donley "aye" Pepper "aye"
Woodson "aye"

Councilwoman Eberwein noted that the neighbors would be getting a trash can for their neighborhood.

23. Consideration of Approval of a 20-year Lease of the Lloyd House by the City.

(A copy of the City Manager's memorandum dated June 6, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/10/03, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Speck and carried unanimously, City Council authorized the City Manager to execute the 20-year lease of the Lloyd House by the City. The voting was as follows:

Euille "aye Cleveland "aye"
Speck "aye" Eberwein "aye"
Donley "aye" Pepper "aye"
Woodson "aye"

Director of Historic Alexandria Jean Federico reminded Council of the walk-through of the Lloyd House on Saturday, June 14, at 8:30 a.m.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None


ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilman Speck reported on his attendance at the Council of Governments Transportation Planning Board conference on value pricing, employer provided free parking and providing the benefit as a cash benefit to the employees and the effect it had on employees driving. Another was an alternative to traffic calming purposes to the speed tables, where it went to private industry who donated the material to create temporary traffic calming prototypes, to demonstrate to the community what the impact would be. Councilman Speck said there was also discussion about incentives and things to be done to reduce traffic congestion. He said the conference was filled with a lot of creativity from all over the country and a lot of local elected officials.

(b) Councilman Speck spoke about a letter received from Gordon King on the motorcycle parking problems in the City. He said they will have to sell it to the Council that it is a problem, because people are not aware of the circumstances and conditions.

There was a general discussion of the motorcycles, parking and the merchants.

(c) Councilwoman Eberwein suggested that everyone check out the new Trex decking on the waterfront, and she complimented the Waterfront Committee.

REPORT FROM THE CITY MANAGER

The City Manager reported on: (a) the skateboard park ground-breaking at 3:00 p.m. at Duke and Wheeler Streets; (b) the presentation of the Duncan Library plans will be June 26, at 7:30 p.m. in the cafeteria at Mt. Vernon; (c) the City put in 17 street trees on Mt. Vernon Avenue as part of the Arlandria small area plan update; (d) he thanked Historic Alexandria Foundation for giving $4,000 to the Black History Resource Center for the special exhibit coming next year, and another $2,000 to the Gadsby's Museum for paint analysis; and (e) Planning and Zoning is holding a community meeting on the updated Mt. Vernon Avenue small area plan on June 25, at 6:30 p.m. at the Salvation Army on Mt. Vernon Avenue.

33. Introduction and First Reading. Consideration. Passage on First and Second Reading of an Ordinance to adopt Supplement 32 to the City of Alexandria Zoning Ordinance. (ROLL-CALL VOTE)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance to adopt supplement 32 to the City of Alexandria Zoning Ordinance. The voting was as follows:

Pepper "aye" Cleveland "aye"
Euille "aye" Eberwein "aye"
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:






ORDINANCE NO. 4302

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. 32," are hereby adopted as and shall constitute "The Thirty-Second Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992."

Section 2. That the sections of the Zoning Ordinance, and the portions thereof, set forth in "The Thirty-Second Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992," shall be in force and effect on and after the effective date of this ordinance, and all ordinances amending the text of the Zoning Ordinance which were adopted between November 16, 2002 and February 11, 2003, 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 November 16, 2002 and February 11, 2003, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Thirty-Second Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992"; nor shall it affect any ordinance adopted after February 11, 2003.

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

Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: June 10, 2003
First Reading: June 10, 2003
Second Reading: June 10, 2003
Final Passage: June 10, 2003

34. Consideration of Resolution to Appoint Tara Blot as the Chief Animal Control Officer. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 3, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/10/03, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution to appoint Tara Blot as the Chief Animal Control Officer. The voting was as follows:

Pepper "aye" Eberwein "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

The resolution reads as follows:

RESOLUTION NO. 2072

WHEREAS, city council is authorized by Virginia Code § 3.1-796.104 to appoint an officer to be known as the animal control officer who shall have the power to enforce chapter 27.4 of title 3.1 of the Virginia Code, which contains the comprehensive animal laws of the Commonwealth of Virginia, all city ordinances enacted pursuant to chapter 27.4 of title 3.1 of the Virginia Code, and all other laws for the protection of domestic animals;

WHEREAS, city council is authorized by city charter § 2.04(p) to provide for the appointment of a dog warden who, in the enforcement of the dog laws of the city, shall have the powers of a state game warden, within the city only;

WHEREAS, city council, in Resolution No. 1990, adopted on December 12, 2000, appointed Mary Phelan chief animal control officer to have the powers of an animal control officer under the Virginia Code and a dog warden under the city code;

WHEREAS, Mary Phelan has resigned as chief animal control officer, effective as of September 18, 2002;

WHEREAS, since that date Tara Blot, as chief deputy, has exercised the authority of the chief animal control officer pursuant to Virginia Code § 15.2-1502;

WHEREAS, city council has determined that it is necessary and desirable to appoint Tara Blot as chief animal control officer for the City of Alexandria, in order that the animal laws of the city and the Commonwealth may be administered and enforced in a safe, professional and expedient manner;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

1. That, pursuant to Virginia Code § 3.1-796.104 and city charter § 2.04(p), Tara Blot be, and hereby is, appointed as the chief animal control officer of the City of Alexandria, with all of the rights, privileges and powers pertaining thereto, including without limitation the power to enforce chapter 27.4 of title 3.1 of the Virginia Code, all city ordinances enacted pursuant to chapter 27.4 of title 3.1 of the Virginia Code and pursuant to § 2.04(p) of the city charter, and all other laws for the protection of domestic animals.

2. That the city manager be, and hereby is, authorized to rescind the appointment made by this resolution for any reason, with or without cause.

3. That the individual appointed as chief animal control officer by this resolution shall serve in her position until her resignation, the rescission of her appointment by city council, or the rescission of her appointment by the city manager, whichever shall first occur.

4. That this resolution shall become effective on June 10, 2003.

* * * * *

35. Consideration of Resolution Requesting Federal Disaster Assistance for Reimbursement of Eligible Costs of Snow and Ice Removal for February 19-20, 2003. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 3, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/10/03, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Euille and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution requesting federal disaster assistance for reimbursement of eligible costs of snow and ice removal for Feburary 19-20, 2003. The voting was as follows:

Cleveland "aye" Eberwein "aye"
Euille "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"

The resolution reads as follows:
RESOLUTION NO. 2073

BE IT RESOLVED by the City Council of the City of Alexandria, Virginia, that Philip Sunderland, City Manager, is hereby authorized to execute for and on behalf of the City of Alexandria, Virginia, a public entity established under the laws of the State of Virginia, this application, and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288,93rd Congress) or otherwise available from the President’s Disaster Relief Fund.

That the City of Alexandria, a public entity established under the laws of the State of Virginia, hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements attached hereto.

/s/KERRY J. DONLEY MAYOR

ATTEST:

/s/Jacqueline M. Henderson, CMC City Clerk

CERTIFICATION

I, Jacqueline M. Henderson, duly appointed City Clerk and Clerk of Council of the City of Alexandria, Virginia, do hereby certify that the above is a true and correct copy of a resolution adopted by the City Council of the City of Alexandria on the 10th day of June 2003.

Dated this 10th day of June 2003.

/s/Jacqueline M. Henderson, CMC City Clerk
City of Alexandria, Virginia
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INSERT FEMA ASSURANCES


36. Consideration of a Resolution to repeal the Health Department Regulation which requires showers in health clubs. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 5, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/10/03, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution to repeal the Health Department regulation which requires showers in health clubs. The voting was as follows:

Pepper "aye" Cleveland "aye"
Euille "aye" Eberwein "aye"
Donley "aye" Speck "aye"
Woodson "aye"

The resolution reads as follows:

RESOLUTION NO. 2074

WHEREAS, on March 20, 1993, as part of a joint effort among Northern Virginia jurisdictions to establish uniform regional standards for the construction, operation and maintenance of swimming pools, spa pools and health clubs, city council enacted Ordinance No. 3619 which authorizes the city's health department to adopt, following council approval, regionally developed model regulations governing swimming pools, spa pools and health clubs; and

WHEREAS, pursuant to said ordinance, the health department prepared and, following council approval, adopted Administrative Regulation 20-6 ("A.R. 20-6") entitled "Regulation of Swimming Pools, Spa Pools and Health Clubs;" and

WHEREAS, section 20-6-106 of A.R. 20-6 currently requires all health clubs in the city to provide showers for the use of health club patrons; and

WHEREAS, section 20-6-111 of A.R. 20-6 further requires all health clubs that operate in the city to provide one shower for each forty patrons during the period of maximum facility use; and

WHEREAS, subsequent to the city’s adoption of the model regulations, several jurisdictions in Northern Virginia have amended their versions of the regulations concerning health clubs; and

WHEREAS, Alexandria is now the only jurisdiction in Northern Virginia that requires the installation of showers in health clubs; and

WHEREAS, the city wishes to make its health club regulations more consistent with those of neighboring jurisdictions; and

WHEREAS, the health department has determined that amendments to A.R. 20-6 are necessary to exempt such health clubs from the shower requirements set out in section 20-6-106 and section 20-6-111 of A.R. 20-6; and




WHEREAS, the amended sections of A.R. 20-6 are attached hereto as Attachment 1; and

WHEREAS, section 11-11-1 of the Alexandria City Code requires that city council approve any amendments to A.R. 20-6 prior to the changes becoming effective;

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

1. That city council does hereby approve the amendments to A.R. 20-6 which have been prepared by the city's health department and are shown on Attachment 1 by italics and strikeouts;

2. That city council does hereby approve A.R. 20-6, as amended by said amendments; and

3. That this resolution shall be effective upon the date and at the time of adoption.
* * * * *
Attachment 1 to resolution

PROPOSED AMENDMENTS TO SECTIONS 20-6-106 ("SHOWERS, WATER CLOSETS, LAVATORIES AND DRINKING FOUNTAINS") AND 20-6-111 ("SHOWERS") OF ADMINISTRATIVE REGULATION 20-6 ("REGULATION OF SWIMMING POOLS, SPA POOLS AND HEALTH CLUBS")

20-6-106 Showers, water closets, lavatories and drinking fountains.

(a) There shall be adequate showers, water closets, and lavatories provided at all health clubs in accordance with the provisions of Article E of these regulations or as required by law, assuming an even distribution of the sexes at the time of maximum facility usage unless the proposed facility is designed for single sex use. If the proposed facility is designed for a single sex, it shall comply with current BOCA Code requirements for the provision of toilets and lavatories. Each health club shall have at least one (1) drinking fountain readily accessible to patrons within the exercise area. Showers, if provided, shall meet the requirements of Section 20-6-111.

(b) The maximum facility load of a health club shall be added to the total load for consideration of plumbing fixture units at health clubs which are provided in conjunction with swimming pools, spas, or other water recreation facilities.

(c) A separate custodial mop sink shall be provided in each health club and shall be located within one hundred (100) feet in a line of travel of the shower and toilet rooms.

20-6-111 Showers.

Showers shall be provided in the proportion of one per each forty (40) persons at each swimming pool or exercise facility at the time of maximum swimming pool load or maximum facility usage; or Showers shall be provided in the proportion of one shower for each twenty (20) persons at each spa pool at the time of maximum spa pool load. Each shower shall supply heated water through a device that will prevent scalding. The water temperature control valves shall be equipped with high-limit stops adjusted to a maximum hot water setting at the nozzle head of one hundred ten degrees Fahrenheit (110EF) or as required by the Uniform Statewide Building Code and a minimum water temperature of at least ninety degrees Fahrenheit (90EF) and at a rate of at least three (3) gallons per minute. Water from each shower shall drain separately or shall be located and have the floor pitched so that waste from one shower shall not flow over the floor serving another. Each shower shall be provided with a liquid soap dispenser and an adequate supply of liquid soap.
* * * * *

OTHER

37. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated June 5, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/10/03, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Cleveland and carried unanimously, City Council adopted the City Council schedule, added a work session on June 24, at 6:30 p.m., on the T.C. Williams construction project. The voting was as follows

Woodson "aye" Eberwein "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Speck "aye"

CONTESTED APPOINTMENTS

38. Alexandria Commission for Women
1 Citizen Member

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

NAME ENDORSED BY:

Barbara Beil

Jenny Wade

(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. 38; 6/10/03, 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 Jenny Wade as the citizen member to the Alexandria Commission for Women. The voting was as follows:

Donley - Wade
Cleveland - Beil
Eberwein - Wade
Euille - Wade
Pepper - Wade
Speck - Wade
Woodson - Wade

* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Cleveland, seconded by Councilman Euille and carried unanimously, at 10:39 p.m. the Regular Meeting of Tuesday, June 10, 2003, was adjourned. The voting was as follows:

Cleveland "aye" Eberwein "aye"
Euille "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"
* * * * *

APPROVED BY:



______________________________
KERRY J. DONLEY MAYOR



ATTEST:


________________________________________
Jacqueline M. Henderson, 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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Individuals who require translation services to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500. We request that you provide a 48-hour notice so that the proper arrangements may be made.
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