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Regular Meeting
Tuesday, October 27, 1992 - - 7:30 pm

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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Services; Mr. Platky, Director of Management and Budget; Ms. Marczak, Deputy Director of Management and Budget; Ms. Davis, Director of Housing; Ms. Boyd, Director of Citizen Assistance; Mr. Lynn, Director of Planning and Community Development; Mr. Neckel, Director of Finance; Mr. Cyphers, Director of Human Services; Ms. Federico, Director of Historic Alexandria; Mr. Kauffman, Director of Recreation, Parks, and Cultural Activities; Fire Chief Beam; Mr. Brannan, Assistant City Manager; Mr. Schott, Director of General Services; Mr. McMahon, Deputy Director of General Services; Ms. Brownstein, Landscape Architect; Representative Moran; Senator Gartlan; Senator Calhoun; Delegate Van Landingham; Delegate Cohen; Mr. Garrity, Intergovernmental Relations Coordinator; and Lieutenant Crawford, 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 Columbus Watson, Pastor, Beulah Baptist Church.

WITHOUT OBJECTION, City Council noted the deferral of Docket Item No. 23, and took Docket Item Nos. 6, 5 and 7 out of order and considered them under one motion.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

23. Consideration of an Agreement with Ameribanc Savings Bank, Owner of the Lenox Place at Sunnyside Development, to Replace the Previous Agreement with the Restec Corporation.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 10/27/92, and is incorporated herewith as part of this record by reference.

A copy of the letter from Mr. Chadwick dated October 27, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 10/27/92, and is incorporated herewith as part of this record by reference.)



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WITHOUT OBJECTION, City Council deferred this until the November 10 legislative meeting.

OPENING (continued)

6. Presentation of Proclamation Expressing City Council's Appreciation to Senator Joseph V. Gartlan, Jr., for His Early and Strong Support of the City's Position on the Proposed Stadium at Potomac Yard and for His Defense of the Pre-eminence of Local Government Authority Over Land Use and Zoning Matters. (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; 10/27/92, and is incorporated herewith as part of this record by reference.)

5. Presentation of Proclamation Expressing City Council's Appreciation to the City's General Assembly Delegation - - Senator Robert L. Calhoun, Delegate Bernard S. Cohen, and Delegate Marian Van Landingham - - and to the City's Congressional Representative - - Representative James P. Moran - - for Their Invaluable Assistance and Their Steadfast Support of the City During its Three-month Effort to Defeat the Proposed Stadium at Potomac Yard.


(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; 10/27/92, and is incorporated herewith as part of this record by reference.)


7. Presentation of Proclamation Expressing City Council's Appreciation to the Citizens Against the Stadium (CAS) for Organizing the Many Citizens of Alexandria and Arlington Who Opposed the Proposed Football Stadium at Potomac Yard and for the Professional Manner in Which the Members of CAS Communicated that Opposition to Legislators, the Media, and Citizens Throughout the Commonwealth.

(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; 10/27/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded simultaneously by Councilwoman Pepper, Council Member Rich, Councilmen Speck and Donley and carried unanimously, City Council endorsed the proclamations for Docket Item Nos. 5, 6, and 7. The voting was as follows:

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











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3. THERE BEING NO DISCUSSION, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the minutes of the (a) Special Meeting of October 14, 1992, and (b) Public Hearing Meeting of October 17, 1992, as submitted. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "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 October 23, 1992, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/27/92, and is incorporated herewith as part of this record by reference. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 8-16
WITHOUT OBJECTION, City Council withdrew Docket Item No. 10 from the Consent Calendar.

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

(A copy of the above resignations is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 8 (a-b); 10/27/92, and is incorporated herewith as part of this record by reference.)
Committees:
1 Member Designated by
Mayor Patricia S. Ticer
1 Citizen Member

(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. 9 (a-c); 10/27/92, and is incorporated herewith as part of this record by reference.)





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11. Consideration of an Allocation of Monies for Alexandria's Contribution to the Northern Virginia Community College Capital Construction Program.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/27/92, and is incorporated herewith as part of this record by reference.)

12. Consideration of an Allocation of Monies for Architectural Services for Window Replacement at Lyles-Crouch Elementary School.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/27/92, and is incorporated herewith as part of this record by reference.)

13. Consideration of an Allocation of Monies for Architectural Services for Air Conditioning and Window Replacement at Francis C. Hammond Junior High School.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/27/92, and is incorporated herewith as part of this record by reference.)

14. Consideration of an Allocation of Monies for Architectural Services for Window Replacement at Maury Elementary School.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/27/92, and is incorporated herewith as part of this record by reference.)

15. Consideration of an Allocation of Monies for Architectural Services for Modernization Efforts at Cora Kelly Magnet School.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/27/92, and is incorporated herewith as part of this record by reference.)

16. Consideration of an Allocation of Monies for Slope Protection and Walkway Improvements at Oronoco Bay Park.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/27/92, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Jackson, seconded byCouncilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Consent Calendar as presented with the exception of Item No. 10, which was considered under separate motion. The City Manager's recommendations are as follows:

8. City Council received the following resignations with regret: (a) Jeffrey F. Brown from the Alexandria Social Services Advisory Board; and (b) Tara G. Zimnick from the Alexandria Youth Services Commission; and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.



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9. City Council appointed (a) Alan Cohen as a Member Designated by Mayor Patricia S. Ticer to the Alexandria Budget and Fiscal Affairs Advisory Committee; (b) Larina Luzzi as a Citizen-at-Large Member and Pamela Oerth as a Local Business Representative to the Alexandria Commission on Employment; and reappointed (c) Burton B. Moyer, Jr. as a Citizen Member to the Alexandria Social Services Advisory Board.

11. City Council allocated $78,058 from Account 040006-9712 (Cash Capital) to Account 200014-2609 (Northern Virginia Community College) for the City's annual share of the capital construction program of the Northern Virginia Community College. Funds for this project are available in the FY 1993 cash capital monies designated for the Northern Virginia Community College capital contribution.

12. City Council allocated $15,000 from Account 040006-9712 (Cash Capital) to Account 200733-2122 (Lyles-Crouch Elementary School) for architectural and engineering services for the window replacement project at Lyles-Crouch Elementary School. Funds for this project are available in the FY 1993 cash capital monies designated for the Schools Capital Improvement Program.

13. City Council allocated $60,000 from Account 040006-9712 (Cash Capital) to Account 200634-2122 (F. C. Hammond Junior High School) for architectural services for air conditioning and window replacement at F. C. Hammond Junior High School. Funds for this project are available in the FY 1993 cash capital monies designated for the Schools Capital Improvement Program.

14. City Council allocated $20,000 from Account 040006-9712 (Cash Capital) to Account 200766-2122 (Maury Elementary School) for architectural services for the window replacement project at Maury Elementary School. Funds for this project are available in the FY 1993 cash capital monies designated for the Schools Capital Improvement Program.

15. City Council allocated $15,000 from Account 040006-9712 (Cash Capital) to Account 200709-2122 (Cora Kelly Magnet School) for architectural and engineering services for Phase I of the modernization project at Cora Kelly Magnet School. Funds for this project are available in the FY 1993 cash capital monies designated for the Schools Capital Improvement Program.

16. City Council allocated $63,000 from Account 040006-9712 (Cash Capital) to Account 215054-2121 (Oronoco Bay Area Improvements) to pay for necessary improvements to the sloped shoreline along the Potomac River and the decking and shoreline walkways in Oronoco Bay Park. Funds for this project are available in the FY 1993 cash capital monies designated for the North Waterfront - Oronoco Bay Area Improvements account.

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







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10. Consideration of an Allocation of Monies for the Annual Playground Renovation Program.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/27/92, 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 allocated $40,000 from Account 040006-9712 (Cash Capital) to Account 215053-2121 (Park Improvements) to pay for planned playground renovations. Funds for this project are available in the FY 1993 cash capital monies designated for the Park Improvements account. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item No. 25 out of order.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

Planning Commission

25. SUP #1535-H - Public Hearing and Consideration of a request for a Special Use Permit to expand enrollment of the existing private school known as Gesher School, located at 2908 Valley Drive; zoned R-8, Residential. Applicant: Gesher, Inc., by Howard A. Kohr.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated October 8, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 10/27/92, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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









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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

WITHOUT OBJECTION, City Council considered Docket Item Nos. 17 (a-b) together.

17. (a) Consideration of a Report on Alexandria City Public Schools - Ninth Grade Center Operating Costs.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17 (a); 10/27/92, and is incorporated herewith as part of this record by reference.)

17. (b) Consideration of an Allocation of Monies for Construction Services for the Conversion of the Minnie Howard Administration Building into the Ninth Grade Center.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17 (b); 10/27/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council deferred these items until the first legislative meeting in November, November 10. The voting was as follows:

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

18. Consideration of the Designation of the Alexandria Commission on Disabled Persons as the Interim Disability Services Board.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/27/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by councilman Donley, seconded by Councilman Jackson and carried unanimously, City Council (1) designated the ACDP as the interim Disability Services Board to meet the November 1, 1992 deadline to establish such a board as required in Title 51.5-47 of the Code of Virginia; and (2) requested the City Attorney to prepare an ordinance establishing a permanent Disability Services Board within the ACDP in accordance with the requirements of the State Code. The voting was as follows:

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







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19. Consideration of Referring to the Planning Commission the Zoning Status of Offices of the Doctors and Dentists in the 3900-4500 Blocks of Seminary Road.

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/27/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council referred to the Planning Commission for public hearing and recommendation the matter of how the four doctors and dentists listed in the report should be treated under the zoning ordinance. The voting was as follows:

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

20. Receipt of the City's Financial Report for the Period Ending September 30, 1992.

(A copy of the City Manager's memorandum dated October 13, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/27/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council received the Financial Report for the period ending September 30, 1992. The voting was as follows:

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

21. Receipt of the 1992 Jones Intercable Annual Opinion Survey Report.

(A copy of the City Manager's memorandum dated October 19, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/27/92, and is incorporated herewith as part of this record by reference.)








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WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council received the 1992 Annual Opinion Survey Report from Jones Intercable. The voting was as follows:

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

22. Consideration of Resolution Authorizing Transfer of City's Cable Television Franchise from Jones Intercable, Investors, L.P., to Jones Intercable of Alexandria, Inc., a Wholly Owned Subsidiary of Jones Intercable, Inc. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated October 21, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 10/27/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on ROLL-CALL vote of 6-to-1, City Council adopted the resolution authorizing the transfer of the City's cable television franchise from Jones Intercable Investors, L.P., to Jones Intercable of Alexandria, Inc. The voting was as follows:

Donley "aye's Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "no"
Speck "aye"
RESOLUTION NO. 1622
WHEREAS, the Alexandria City Council adopted a franchise ordinance awarding the City's cable television franchise ("Franchise") to Alexandria Cablevision Company on June 29, 1979; and

WHEREAS, the City Council approved the transfer of the Franchise to Tribune Company Cable of Alexandria, Inc. ("TCC/A") on December 14, 1981; and

WHEREAS, the City Council approved the subsequent transfer of the Franchise to Jones Intercable, Inc. and/or one of its "controlled affiliates" on March 22, 1986, which transfer was contingent upon the execution of a franchise contract by the City Manager and Jones Intercable, Inc.; and

WHEREAS, said franchise contract was executed on April 17, 1986 ("Franchise Contract"); and






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WHEREAS, the Franchise Contract authorized Jones Intercable, Inc., to grant to its lender or lenders a security interest in the Franchise held by Jones Intercable, Inc., and in the tangible and intangible assets of the Alexandria cable television system ("System"); and

WHEREAS, on or about November 28, 1986, Jones Intercable, Inc., transferred the Franchise and the assets of the Alexandria cable television system to Jones Intercable Investors, L.P., a Colorado limited partnership, which was a "controlled affiliate" of Jones Intercable, Inc., and whose general partner is Jones Intercable, Inc.; and

WHEREAS, the City and Jones Intercable Investors, L.P., entered into an amendment to the Franchise Contract, dated October 27, 1987, which authorized Jones Intercable Investors, L.P., from and after November 28, 1986, to grant to its lenders a security interest in the Franchise and the assets; and

WHEREAS, on September 29, 1992, Jones Intercable, Inc. announced that it had signed an agreement with Jones Intercable Investors, L.P., to acquire the assets of the System; and

WHEREAS, on October 15, 1992, Jones Intercable, Inc., assigned its rights and obligations to acquire the System to Jones Intercable of Alexandria, Inc., a new "controlled affiliate" of Jones Intercable, Inc.; and

WHEREAS, Jones Intercable, Inc., wishes that the Franchise be transferred from its "controlled affiliate" Jones Intercable Investors, L.P., which has held the Franchise since November 1986, to its new affiliate, Jones Intercable of Alexandria, Inc., and

WHEREAS, section 9-3-42 of the Code of the City of Alexandria, 1981, as amended, requires that any transfer of the Franchise requires the approval of the City Council; and

WHEREAS, the City Council finds and determines that the transfer of the Franchise from Jones Intercable Investors, L.P., to Jones Intercable of Alexandria, Inc., a new "controlled affiliate" of Jones Intercable, Inc., is consistent with the general welfare of the residents of the City;
NOW, THEREFORE, BE IT RESOLVED, BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA

1. That, pursuant to City Code section 9-3-42, the transfer of the City's cable television franchise from Jones Intercable Investors, L.P., to Jones Intercable of Alexandria, Inc., is approved, including any temporary intermediate transfer of the franchise from Jones Intercable Investors, L.P., to Jones Intercable, Inc.;

2. That upon the transfer of the Franchise to it, Jones Intercable of Alexandria, Inc., shall be the party identified as "Jones" in the Franchise Contract, and shall have all the rights and obligations under said Contract, including the right to grant to its lenders a security interest in the Franchise and the assets of the System;

3. That the City hereby affirms that the Franchise is currently valid and in full force and effect and, to the knowledge of the City, no default exists thereunder.

4. That the approval provided above in paragraph 1 shall be effective at the time of the adoption of this resolution.



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24. Consideration of Acceptance of a Gift of Sculpture for and Approval of the Name and Development Plan for the Alexandria African American Heritage Park at Carlyle.

(A copy of the City Manager's memorandum dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 10/27/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Council Member Rich and carried unanimously, City Council (1) accepted this gift of sculpture from the Oliver Carr Company/Norfolk Southern, developers of Carlyle, and acknowledged their contributions and expressed the City's gratitude for the gift of the sculpture and for the development of the Alexandria African American Heritage Park which will be enjoyed by all of our citizens; (2) named the nine acre park The Alexandria African American Heritage Park; (3) approved the Park design as shown in Attachment 1 of the City Manager's memorandum; (4) gave the Office of Historic Alexandria responsibility for providing information and brochures, organizing educational programs and tours dealing with the interpretation of the sculpture and of the area which was formerly the Black Baptist Cemetery, now a part of the Park; (5) gave the Department of Recreation, Parks and Cultural Activities responsibility for the review of the condition of the parkland to insure that it is properly maintained by Oliver Carr Company/Norfolk Southern; (6) authorized the formation of a special committee, composed of representatives from the Alexandria Society for the Preservation of Black Heritage and staff from the Alexandria Black History Resource Center to assist in the selection of additional persons, events, institutions to be memorialized on the sculpture in the future; and (7) thanked all the members of the Black Baptist Cemetery Work Group; The Ad Hoc Committee on a Memorial to Honor Black Leaders; The Steering Committee on a Memorial for African American Leaders; The Alexandria Commission for the Arts; and The Fine Arts Accession Review Panel for their time and thoughtful deliberations in developing the plans for the Park and its design and assisting in seeking the artist, and preparing the list of individuals, events, and institutions to be memorialized on the sculpture. The voting was as follows:

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

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilwoman Pepper gave an update on the progress of the Clermont interchange Task Force. The Task Force met October 26 to review the resolution that had been referred to it by the City council. In the process of reviewing this assessment of the EIS done by VDOT, one of the issues that was raised was to divide the project so that the interchange could be discussed separately from any connecting roads because it seemed that a connecting road from the beltway north to Duke Street was something that we would never be able to agree on. What has been received from VDOT and from the Federal Highway Administration was a resolution containing the minimum number of requirements that would be
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acceptable to them concerning this possible division of the project. The Task Force revised it and the key portion of it is that the Task Force has asked that the interchange project be separated from the discussion of the connecting road. The specific paragraph of the resolution that is important is that the Council would hereby approve the proposed project consisting of an interchange on Interstate 95 at Clernont Avenue and a connecting road from the new interchange to Eisenhower Avenue and agrees to study the need for additional transportation infrastructure on the basis of traffic conditions existing after the interchange at Clermont Avenue has been constructed and is operational. This is a resolution that the Task Force has requested that it be sent to VDOT as well as the Federal Highway Administration just to get their response. If that is acceptable, the Task Force will be bringing that back to City Council.

(b) Councilwoman Pepper stated that the Animal Welfare League is going to be having their annual dinner. In connection with that there were some facts that have come up and she wanted to share them with Council. During 1991, 1000 animals were adopted. Our shelter is now open seven days a week, which is the only shelter in this area that is open seven days a week. We are now open three nights a week also.

(c) Councilwoman Pepper stated that she received a letter from William F. Andrews and a check for $600 which he asked her to forward to the City. This was unsolicited and really quite a surprise. The money is to be deposited in the Living Landscape Fund. He would like it used for a concrete pad, a bench and trash receptacles at the existing Metro bus stop along the west side of Powhatan Street between Washington Street and First Street. He owns the Seven-Eleven that is right there in that vicinity. She stated that this is a wonderful gesture on his part and you can be sure she will be forwarding his letter and his check for the City to do at least as much of these that we can afford. We certainly do thank William F. Andrews for this very generous contribution.

(d) Councilman Donley stated that last week Councilman Speck and he along with Delegate Van Landingham attended a breakfast for the Cooperative Extension, otherwise known as the 4-H. They gave them a real thorough presentation of the programs and services that they provide. It was merely a briefing for invited guests and members of their board about the programs the 4-H offer. It is quite an impressive array of services that the Cooperative Extension provides to young people in an urban setting that is really aimed at improving self—esteem and improving their community living skills. In addition, they offer English as a second language programs and also programs that are oriented to and work well with our schools. They stated that this is what we offer, we want to work with you, we want to work for you. They are looking at ways to integrate not only with other programs in the City, private sector, but also increase the number of volunteers who are associated with the 4-H. He talked with them to contact civic associations and churches as a source of volunteers.

(e) Councilman Donley stated that there was an editorial in the Gazette Packet last week about our Police Department's policy regarding disclosure of sexual assault crimes. It raised some fairly pertinent questions as to why our policy is different, should we give out more information, what is the impact of giving more information, could you be causing alarm if you don't give out adequate information. Also realizing the protection of confidentiality and certainly the rights of the victim. Councilman Donley requested the City Manager to come back to City Council with some explanation of policy or change in policy as well as if they want to continue with their policy, they should justify that to us. We should examine our policy since it's reported at least that we are different from any other jurisdiction.

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The Mayor indicated that she requested the City Manager to look into that also.

The City Manager stated that staff is looking into it and will report back to Council.

(f) Councilman Speck stated he was impressed with the new BJ's that has opened up across from Landmark Shopping Center. His immediate reaction was that this is a brand new facility bringing people into the City, contributing sales tax and creating jobs. He thanked the Holmes Run Committee which was really involved in getting this project moving.

ORDINANCES AND RESOLUTIONS

26. Consideration of Application to the Virginia Department of Transportation for Funds to Partially Pay for Three Compressed Natural Gas Fueled Pickup Trucks. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated October 23, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 10/27/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council authorized the City Manager to (1) submit a grant application and the adopted resolution in support of this project to the Virginia Department of Transportation for funding in the amount of $35,000 to fund a project that will introduce three factory-built compressed natural gas fueled pickup trucks into the City's fleet; and (2) execute all necessary documents that may be required. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1623
WHEREAS, the 1992 General Assembly enacted legislation creating the Virginia Alternative Fuels Revolving Fund to encourage the use of alternative fuels in vehicles owned by the state and local governments; and

WHEREAS, the City Council on February 12, 1991, established the Alternative Fuels Task Force for the purpose of recommending air quality improvement options to be accomplished by replacing gasoline as a motor fuel in City vehicles; and

WHEREAS, the Alternative Fuels Task Force has recommended that compressed natural gas (CNG) is an alternative fuel that meets a high air quality standard, is usable within available technology, and can be supplied locally at an economical cost; and

WHEREAS, the City Council has already authorized the installation of a compressed natural gas dispensing station at a City facility and the conversion of existing vehicles to operate on CNG.



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BE IT THEREFORE RESOLVED that the Alexandria City Council does hereby apply for a matching grant for the purchase of three trucks that are manufactured for optimal operation on CNG fuels; and

BE IT FINALLY RESOLVED that the Alexandria City Council commits to reducing air pollutants from vehicle emissions through the operation of its own fleet and through the example and assistance provided to Alexandria's private sector.
******
OTHER

27. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated October 22, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 10/27/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council noted the three additions/changes since the October 14 Council meeting: (1)The new starting time for the October 31 City Council Retreat is 8:00 a.m. with coffee and tea at 7:30 a.m.; (2) The 6:00 p.m., Monday, November 9 dinner meeting with the School Board and discussion of the middle schools; (3) The 5:30 p.m. to 7:30 p.m., Monday, November 16 City Employee Service Awards Program; and (4) the Mayor's suggestion that there be an evaluation session for the City Manager, the City Attorney and the City Clerk beginning at 5:00 p.m. on November 11. The voting was as follows:

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

CONTESTED APPOINTMENTS

28. Alexandria Commission for the Arts
1 Arts Consumer Member

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

NAME ENDORSED BY

Sarah Becker

Paul Kimball

Robert Witt

(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; 10/27/92, 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 Sarah Becker as an Arts Consumer Member to the Alexandria Commission for the Arts. The voting was as follows:

Ticer - Becker
Cleveland - Becker
Donley - Becker
Jackson - Becker
Pepper - Becker
Rich - Becker
Speck - Becker
(The following persons volunteered for appointment to the above Commission:

Seafus Craft

Adam Marcus

Peter Pajor

Patricia Pettit

Jeanne Ryan

Alan Scheiner

(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; 10/27/92, 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: Patricia Pettit and Alan Scheiner were appointed as Citizen Members to the Alexandria Consumer Affairs Commission. There had to be a second balloting between Seafus Craft and Peter Pajor who each received four votes. The voting was as follows:

Ticer - Pajor, Pettit, Scheiner
Cleveland - Craft, Marcus, Ryan
Donley - Craft, Pajor, Scheiner
Jackson - Craft, Pettit, Scheiner
Pepper - Pajor, Pettit, Scheiner
Rich - Craft, Pettit, Scheiner
Speck - Pajor, Pettit, Scheiner







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Thereupon, ballots were again distributed, tellers were again appointed and the ballots tallied with the following result: City Council appointed Seafus Craft as Citizen Member to the Alexandria Consumer Affairs Commission. The voting was as follows:

Ticer - Pajor
Cleveland - Craft
Donley - Craft
Jackson - Craft
Pepper - Pajor
Rich - Craft
Speck - Pajor
****


New Business Item No. 1.: WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried unanimously, at 10:30 p.m., City Council convened an Executive Session, at the close of this meeting, for the purpose of: consulting with and receiving a briefing from legal counsel pertaining to specific legal matters other than litigation that require the provision of legal advice by counsel, pursuant to section 2.1-344(7) of the housing discrimination on the basis of familial status, filed by the city and currently pending before the Office of Human Rights. The voting was as follows:

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

New Business Item No. 2: WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, at 10:50 p.m., the meeting was reconvened and the following transpired. The voting was as follows:

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

THEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

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





















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The resolution reads as follows:
RESOLUTION NO. 1624
WHEREAS, the Alexandria City Council has this 27th day of October, 1992, 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 Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, at 10:52 p.m., the Regular Meeting of October 27, 1992, was adjourned. The voting was as follows:

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



_________________________________ 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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