Meeting Minutes for Special Meeting (10/14/1992)

Special Meeting
Wednesday, October 14, 1992 - - 7:30 pm
(In lieu of Regular Meeting of Tuesday, October 13, 1992)

* * * * *

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; Ms. Steele, Deputy 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; Mr. Neckel, Director of Finance; Mr. Lynn, Director of Planning and Community Development; Ms. Boyd, Director of Citizen Assistance; Mr. Brannan, Assistant City Manager; Ms. Smith-Page, Deputy Director of Real Estate Assessments; Mr. Eiffert, Acting Director of Community Services; Fire Chief Beam; Mr. Simmons, Deputy Director of Recreation, Parks and Cultural Activities; Mr. McMahon, Deputy Director of General Services; and Lieutenant Clayton, Police Department.

Recorded by: Susan K. Seagroves, Deputy 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.

(It was noted that a Notice of this Special Meeting had been previously served upon each Member of Council, pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the City Clerk and Clerk of Council.)

The Invocation was pronounced by the Reverend Ronald J. Degges, Pastor, First Christian Church.

3. THERE BEING NO FURTHER DISCUSSION, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the minutes of the (a) Public Hearing Meeting of September 12, 1992; (b) Regular Meeting of September 22, 1992; and (c) Special Meeting of September 30, 1992. The voting was as follows:

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

4. THERE BEING NO FURTHER 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 7, 1992, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/14/92, 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"

5. Presentation of Proclamation Honoring Randy Benarick for his Service to the Alexandria Soccer Association. (Councilman Donley)

(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; 10/14/92, and is incorporated herewith as part of this record by reference.)

(Councilman Donley presented the proclamation.)

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

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

6. Presentation of Proclamation Proclaiming October 25 -31, 1992 as Consumers' Week in Alexandria.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/14/92, and is incorporated herewith as part of this record by reference.)

(Councilwoman Pepper presented the proclamation.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"

7. Presentation of Proclamation Declaring the Month of October as Crime Prevention Month.

(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; 10/14/92, and is incorporated herewith as part of this record by reference.)

(Vice Mayor Cleveland presented the proclamation.)

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

Cleveland "aye" Donley "aye"
Pepper "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck out of room

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

WITHOUT OBJECTION, City Council took Item No. 16 and the DASH item out of order.

16. Consideration of Status Report on the Proposed Jack Kent Cooke Stadium. (Oral Report)

Mayor Ticer reported, in case there was anyone in the audience who hadn't heard, that the stadium will not go forward- -both Gov. Wilder and Mr. Cooke have announced that the deal is off. It has taken an enormous amount of work and an enormous toll both physically and financially from the City at a time when it can least afford it. We have had no alternative but to defend ourselves and to defend our ability to plan for our own future. Mayor Ticer thanked the staff for their many hours of work, and thanked our legislative delegation, Delegate VanLandingham, Delegate Cohen and Senator Calhoun, as well as Senator Gartlan and other members of the Northern Virginia delegation for their intensive work on this project, as well as the committee chairmen and their staffs. Mayor Ticer thanked the Citizens Against the Stadium and recognized those members in the audience. Mayor Ticer thanked the organizations who have supported the City and the other City Councils and Boards of Supervisors who have passed resolutions supporting us in the state. She thanked Congressman Moran for helping us in Congress.

Members of City Council spoke in agreement with the Mayor's statements and individually added thanks of their own to those involved.

At this time, 8:20 p.m., City Council recessed for a special meeting of the stockholders of the Alexandria Transit Company. Paul R. Abramson was elected as a member of the board of directors to fill the unexpired term of Mr. Fazakerley, and the special meeting was adjourned.

At 8:25 p.m., City Council resumed its Legislative Session and the following transpired:

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR 8 - 13; 17 - 21

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

(a) Ad Hoc Committee on the Potomac Yard
Charles C. Bailey

(b) Alexandria-Caen Exchange Committee
Diane Dippold

(c) Alexandria Commission for the Arts
Jeremy Adamson

(d) Alexandria Commission on Disabled Persons
Georgena Clayton
Kathryn St. Clair
Sheila C. Wilson

(e) Recycling Study Subcommittee of the Alexandria/ Arlington
Waste-to-Energy Task Force
Charles C. Bailey

8. Receipt of the Following Resignations from Members of Boards, Commissions and Committees (continued)

(f) Alexandria Steering Committee on a Memorial for African American
Leaders
Jeremy Adamson

(g) Alexandria Waterfront Committee
Daniel Burns

(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-g); 10/14/92, and is incorporated herewith as part of this record by reference.)

9. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Economic Opportunities Commission
1 Member Designated by Vice Mayor Cleveland

(b) Alexandria Environmental Policy Commission
1 Member Designated by the Alexandria Chamber of
Commerce

(c) Alexandria George Washington Birthday Celebration Committee
1 Member Nominated by the Alexandria Federation of Civic
Associations

(d) Historic Alexandria Resources Commission
1 Member from Planning District II

1 Representative from the Alexandria Historical Society

(e) Alexandria Youth Services Commission
1 Member from a Group Concerned with the Development of
Educational Policy

(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; 10/14/92, and is incorporated herewith as part of this record by reference.)

10. Consideration of the Supplement to the Annual Attendance Report of Boards and Commissions.

(A copy of the City Manager's memorandum dated October 2, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/14/92, and is incorporated herewith as part of this record by reference.)

11. Consideration of an Allocation of Monies for the Reconstruction of an Eisenhower Avenue Median.

(A copy of the City Manager's memorandum dated October 7, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/14/92, and is incorporated herewith as part of this record by reference.)

12. Consideration of an Allocation of Monies for Storm Sewer Reconstruction and Related Street Improvements at the Intersection of South Lee and Gibbon Streets.

(A copy of the City Manager's memorandum dated October 7, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/14/92, and is incorporated herewith as part of this record by reference.)

13. Consideration of an Allocation of Monies for Storm Sewer Reconstruction and Related Street Improvements on Landover Street.

(A copy of the City Manager's memorandum dated October 7, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/14/92, and is incorporated herewith as part of this record by reference.)

17. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for planter posts and chains at 510 King Street.

This item was withdrawn.

18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize encroachments into the public street right-of-way for two signs for the Landmark Shopping Center at 5801 Duke Street.

(A copy of the proposed 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. 18; 10/14/92, 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. 18; 10/14/92, and is incorporated herewith as part of this record by reference.)

19. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public street right-of-way for a brick wall at 612 Malcolm Place.

(A copy of the proposed 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. 19; 10/14/92, 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. 19; 10/14/92, and is incorporated herewith as part of this record by reference.)

20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public alley right-of-way for a wood fence at 304 West Glendale Avenue.

(A copy of the proposed 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. 20; 10/14/92, 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. 20; 10/14/92, and is incorporated herewith as part of this record by reference.)

21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to include within the city code provisions regarding public drunkenness intoxicants other than alcohol.

(A copy of the City Attorney's memorandum dated October 10, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/14/92, and is incorporated herewith as part of this record by reference.

A copy of the proposed 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. 21; 10/14/92, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 21; 10/14/92, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Consent Calendar as presented. The City Manager's recommendations are as follows:

8. City Council received the following resignations with regret: (a) Charles C. Bailey from the Ad Hoc Committee on the Potomac Yard; (b) Diane Dippold from the Alexandria-Caen Exchange Committee; (c) Jeremy Adamson from the Alexandria Commission for the Arts; (d) Georgena Clayton, Kathryn St. Clair and Sheila C. Wilson from the Alexandria Commission on Disabled Persons; (e) Charles C. Bailey from the Recycling Study Subcommittee of the Alexandria/Arlington Waste-to-Energy Task Force; (f) Jeremy Adamson from the Alexandria Steering Committee on a Memorial for African American Leaders; and (g) Daniel Burns from the Alexandria Waterfront Commission; and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

9. City Council (a) appointed John Kochensparger as a Member Designated by Vice Mayor William C. Cleveland to the Alexandria Economic Opportunities Commission; (b) appointed Kenneth Ribyat as a Member Designated by the Alexandria Chamber of Commerce to the Alexandria Environmental Policy Commission; (c) reappointed Marianne Fowler as a Member Nominated by the Alexandria Federation of Civic Associations to the Alexandria George Washington Birthday Celebration Committee; (d) reappointed Janice Connally as a Member from Planning District II and reappointed Sara Peck as a Representative from the Alexandria Historical Society to the Historic Alexandria Resources Commission; and (e) reappointed Cecelia Godfrey as a Member from a Group Concerned with the Development of Educational Policy to the Alexandria Youth Services Commission.

10. City Council received the supplemental report; vacated the three positions listed in Attachment 1 to the City Manager's memorandum; and authorized the Executive Secretary for Boards and Commissions to advertise the vacancies.

11. City Council allocated $19,800 from Account 040006-9712 (Cash Capital) to Account 245118-2121 (Reconstruction and Extension of Streets) for the reconstruction of an existing median island. The requested allocation includes a ten percent contingency allowance of $1,800 for unforeseen difficulties, such as unstable soil conditions. Funds for this project are available in the FY 1993 cash capital monies designated for the Reconstruction and Extension of Streets account.

12. City Council allocated $27,925 from Account 040006-9712 (Cash Capital) to Account 250035-2121 (Storm Sewer Reconstruction and Extensions) to reconstruct the existing storm sewer and for related street improvements at the intersection of South Lee Street and Gibbon Street. The requested allocation includes a ten percent, or $2,539, contingency allowance for unforeseen difficulties, such as unstable soil or underground debris. Funds for this project are available in the FY 1993 cash capital monies designated for the Storm Sewer Reconstruction and Extension account.

13. City Council allocated $18,700 from Account 040006-9712 (Cash Capital) to Account 250035-2121 (Storm Sewer Reconstruction and Extensions) for the reconstruction of the existing storm sewer and related street improvements for Landover Street in the area of Tennessee Avenue. The requested allocation includes a ten percent, or $1,700, contingency allowance for unforeseen difficulties, such as unstable soil or underground debris. Funds for this project are available in the FY 1993 cash capital monies designated for the Storm Sewer Reconstruction and Extensions account.

17. This item was withdrawn.

18. Introduced and Passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 17, 1992.

19. Introduced and Passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 17, 1992.

20. Introduced and Passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 17, 1992.

21. Introduced and Passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 17, 1992.

END OF CONSENT CALENDAR

The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

14. (a) Consideration of the Creation of the Alexandria Community Policy and Management Team Under the Comprehensive Services Act for At-Risk Youth and Families.

This item was withdrawn from the docket.

14. (b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to create, pursuant to new Virginia law, a community policy and management team whose function will be to develop interagency policies and to manage interagency funds so to better serve the needs of troubled and at-risk youths and their families and to maximize the use of state and community resources.

This item was withdrawn from the docket.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council noted the withdrawal of these items. The voting was as follows:

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

15. (a) Consideration of Update on the Old Town Parking Program.

(A copy of the City Manager's memorandum dated October 9, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15(a); 10/14/92, and is incorporated herewith as part of this record by reference.

A copy of correspondence received on this item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 15(a); 10/14/92, and is incorporated herewith as part of this record by reference.)

(General Discussion. Ms. Steele, Deputy City Manager, responded to questions from the Mayor and Councilman Speck. Council Member Rich and the City Manager participated in the discussion.

Ms. Evans, Assistant City Manager, explained that the docket for Saturday [October 17, 1992,] was sent out tonight; however, she will take care of making the changes necessitated by tonight's Council action on this item.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck and carried unanimously, City Council received the report, and set Items 15(a) and 15(b) for Public Hearing on Saturday, October 17, 1992, restricting comment to 30 minutes on each side, with a time limitation of one hour for both 15(a) and (b). The voting was as follows:

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

15. (b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to: (a) increase the residential permit parking fees for residents within a designated area of the city; (b) establish a scale of increased fees for the additional vehicles owned by such residents; (c) provide for a self-validating guest permit within that area of the city; (d) provide for a prorated fee refund upon the return of residential permit parking district permits; (e) revise the city code provisions governing the misuse of such permits; (f) increase to $200 the fine for violating residential permit parking regulations; and (g) reduce to 24 hours the duration of the tourist permit.

(A copy of the City Manager's memorandum dated October 9, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15(b); 10/14/92, and is incorporated herewith as part of this record by reference.

A copy of the proposed 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. 15(b); 10/14/92, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 15(b); 10/14/92, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 17, 1992. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck out of room

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Mayor Ticer questioned Council about whether she should sign the proposed draft letter from Congressman Moran encouraging Mr. Cooke to keep the Redskins in the District of Columbia. Members of Council participated in the discussion on this item. Mayor Ticer will take the matter under advisement, and she will advise Council of her decision.

(b) Mayor Ticer mentioned that COG passed today a resolution supporting stronger carjacking penalties and enforcement efforts.

ORDINANCES AND RESOLUTIONS

22. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE adopting Supplement 35 to The Code of the City of Alexandria, 1981, as amended. (ROLL-CALL VOTE)

The City Clerk read the docket item.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council introduced the ordinance and passed it on First and Second Readings. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3595

AN ORDINANCE adopting supplemental pages for The Code of the City of Alexandria, Virginia, 1981, as amended, and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sections and portions thereof set forth in the supplemental and replacement pages for The Code of the City of Alexandria, Virginia, 1981, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 35," are hereby adopted as and shall constitute "The Thirty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981."

Section 2. That the sections and portions thereof set forth in "The Thirty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be in force and effect on and after the effective date of this ordinance, and all ordinances of a general and permanent nature which were adopted between December 14, 1991, and June 24, 1992 and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, are hereby repealed, except as otherwise provided in section 3 of this ordinance.

Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any ordinance saved from repeal by Ordinance No. 1250; nor shall it affect any ordinance listed in appendices A through J, both inclusive, of The Code of the City of Alexandria, Virginia, 1981, or any pages supplemental to such appendices; nor shall it affect any provision of any ordinance adopted between December 14, 1991 and June 24, 1992 which is inadvertently omitted from or erroneously incorporated into The "Thirty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981" or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.

Section 4. That one complete set of pages comprising "The Thirty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the supplemental and replacement pages of such supplement shall be properly inserted into the copy of The Code of the City of Alexandria, Virginia, 1981, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.

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

PATRICIA S. TICER
Mayor

Introduction: 10/14/92
First Reading: 10/14/92
Second Reading: 10/14/92
Final Passage: 10/14/92

23. Consideration of Resolution Regarding Proposed Repairs to the Duke Street Bridge over the RF&P Railroad. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated October 9, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 10/14/92, and is incorporated herewith as part of this record by reference.)

(General Discussion. Mr. O'Kane, Director of Transportation and Environmental Services, addressed questions from Council Member Rich.)

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution requesting that the State provide the funding for the repairs to the Duke Street Bridge over the RF&P Railroad. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1618

WHEREAS, on May 28, 1974, the City Council adopted Resolution No. 320 calling for the State to improve Duke Street between Diagonal Road and Roberts Lane, including the design and construction of the new bridge over the Richmond, Fredericksburg and Potomac (RF&P) Railroad (now CSX Transportation, Inc.); and

WHEREAS, the new bridge was designed and constructed by the Virginia Department of Transportation and opened for traffic in 1981; and

WHEREAS, since completion of the bridge, the sidewalks and pavement on the bridge approaches have experienced continuous settlement, requiring the City to replace the curbs and gutters and repave both approaches on almost a yearly basis; and

WHEREAS, when it became apparent in late 1988 that structural distress of the bridge girders was beginning to occur, the City retained a consultant, Wilbur Smith Associates, to inspect the bridge early in 1990; and

WHEREAS, Wilbur Smith Associates detailed problems with the bridge bearings and bridge abutments; and

WHEREAS, upon being notified of the situation by the City, the Virginia Department of Transportation responded that the problem was a City maintenance responsibility; and

WHEREAS, the City Council retained the firm of URS Consultants to determine the causes of the bridge bearing and abutment problems and design of the rehabilitation of the bridge; and

WHEREAS, the consultant has determined that significant movements of the abutments are still occurring and recommended emergency interim repairs to maintain the facility in a functioning condition until final repairs are in place;

THEREFORE, the City Council does determine that the design and construction of repairs to this bridge far exceed the normal bridge maintenance responsibilities of the City; and

THEREFORE, the City Council requests the Virginia Department of Transportation to immediately provide State funding for the cost of determining the causes of the movement of the Duke Street bridge, designing the necessary corrective action, and for making all repairs to the bridge, including reimbursement to the City of all expenses associated with the engineering study and the interim repairs.

24. Consideration of Resolution in Support of the Proposed Bond Referenda on the November 3, 1992, Ballot. (Mayor Ticer) ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated October 9, 1992, with attached brochure and fact sheet, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 24; 10/14/92, and is incorporated herewith as part of this record by reference.

It was noted that additional copies of the brochure and fact sheet are available from Citizen Assistance and the Alexandria Registrar.)

(General Discussion. The Mayor and Members of Council spoke in support of the bond referenda. Mr. Platky, Director of Management and Budget, participated in the discussion on this item.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution in support of three general obligation bond referenda on the ballot for approval by the voters of the Commonwealth at the November 3 election. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1619

WHEREAS, Virginia's continued economic growth and development is dependent upon the Commonwealth's ability to provide for the needs of its citizens both now and into the 21st century;

WHEREAS, Virginia voters will have the opportunity to approve three bond referenda on November 3 that will provide funds to construct and renovate the facilities necessary to serve the state's growing population;

WHEREAS, there have been no state-supported capital improvement programs for higher education since 1986, yet during that period enrollment in our colleges and universities has grown by 40,000, and by the year 2000 another 65,000 students will seek enrollment in Virginia's colleges and universities;

WHEREAS, $472.4 million is earmarked for the capital needs of higher education, providing needed classroom, laboratory and other teaching space, correction of life-safety code deficiencies, repairs to libraries, additions to computer centers, and other needs;

WHEREAS, providing for the needs of those citizens of the Commonwealth with mental disabilities is a responsibility of all Virginians;

WHEREAS, $45.2 million is appropriated for the construction and renovation of seven high-priority projects for current and projected patient needs, particularly for children and elderly Virginians, enabling Virginia to meet the legal mandates for patients in secure facilities and ensuring that state facilities will continue to receive Medicaid and Medicare reimbursements, reducing demands on the state budget;

WHEREAS, tourism is Virginia's second-largest industry and its park system is a vital component of that industry, helping to infuse $80 million annually into the state's economy;

WHEREAS, $95.4 million is allocated to upgrade existing park facilities and purchase new land, enhancing Virginia's tourist potential and increasing the flow of out-of-state revenue to Virginia;

WHEREAS, taxes will not have to be raised to pay for these bonds;

WHEREAS, passage of these three referenda will create 3,600 new jobs and generate $22 million in new revenue;

WHEREAS, passage of these three referenda will not jeopardize Virginia's AAA bond rating;

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alexandria, Virginia, that the Council endorses the passage of all three referenda on the November 3, 1992, ballot, authorizing the issuance of general obligation bonds of the Commonwealth of Virginia;

BE IT FURTHER RESOLVED that the City Council encourages the voters of Virginia to vote "YES" on each Question of whether the referendum should take effect.

OTHER

25. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum 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; 10/14/92, and is incorporated herewith as part of this record by reference.

A copy of the memorandum from Angie Godfrey, School Board Chair, dated October 13, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 10/14/92, and is incorporated herewith as part of this record by reference.

A copy of the City of Alexandria, Virginia, 1992 Annual Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 25; 10/14/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council received the Council Calendar as presented, with the following additions:

Council agreed to the joint School Board/City Council dinner meeting suggested by School Board Chair Godfrey, at the Minnie Howard Administration Building, with dinner at 6:00 p.m. and at 7:00 p.m. adjourning to the board room for the discussion on middle schools.

The City Manager distributed to Council the first copies received of the 1992 Annual Report which will be set for Public Hearing on Saturday, November 14.

The voting was as follows:

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

26. Discussion of the Agenda for the October 31, 1992, City Council Retreat.

(A copy of Council Member Rich'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. 26; 10/14/92, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated October 7, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 10/14/92, and is incorporated herewith as part of this record by reference.)

(General Discussion. The City Manager gave the specifics of the Retreat agenda. The Mayor and Members of City Council participated in the discussion on this item.

It was noted that the matter of the request for proposals on an outside consultant study of certain key departments and certain other issues will be addressed during an executive session scheduled at lunch during the Retreat. The City Manager will get the overview of financial information out to Council, hopefully before the Retreat, and following the Retreat they will come back with that, the items discussed and the general consensus.

Councilman Jackson stated that the earlier the Retreat comes in the Council term after the summer recess, the better off Council is. The City Manager responded that perhaps next year Council can think about a September Retreat. The third Saturday or weekend in September could become traditionally the time for the all-day session in City Hall or following each election if Council wanted to have a weekend session.)

IT WAS THE CONSENSUS of Council to schedule the October 31 Retreat at 7:30 a.m. for coffee, with the meeting starting at 8:00 a.m., and Mayor Ticer and Council Member Rich will serve on a committee to plan an agenda for the remaining unstructured time following presentation and discussion of the financial overview.

WITHOUT OBJECTION, City Council considered Item No. 31 out of order.

31. Consideration of Status Report and Recommended Action on the Clermont Avenue Interchange Study.

(A copy of the City Manager's memorandum dated October 14, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 10/14/92, and is incorporated herewith as part of this record by reference.)

(General Discussion. Councilwoman Pepper, Councilmen Donley and Jackson, and the City Manager, participated in the discussion on this item.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council received the report and referred the attached draft resolution (Attachment 1 to the City Manager's report) from the Commissioner of the Virginia Department of Transportation (VDOT), Mr. Ray Pethtel, to the Clermont Avenue Interchange Task Force for its review and comment, to be docketed for Council's November 24 legislative session. The voting was as follows:

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

CONTESTED APPOINTMENTS

27. Alexandria Beautification Commission
1 Citizen Member

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

NAME ENDORSED BY

Susan Feller

Colette Jaccard

James Matheson

(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. 27; 10/14/92, 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 result: Susan Feller was appointed as a Citizen Member to the Alexandria Beautification Commission. The voting was as follows:

Ticer - Feller
Cleveland - Feller
Donley - Jaccard
Jackson - Feller
Pepper - Matheson
Rich - Feller
Speck - Feller

28. Board of Directors of the Alexandria Convention and Visitors Bureau
1 Member of the Old Town Business Association

(The following person was recommended for appointment to the above Bureau:)

NAME ENDORSED BY

Jerry Vernon* Old Town Business Association

*Residency Waiver Required

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 28; 10/14/92, 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 result: City Council waived the residency requirement and appointed Jerry Vernon as a Member of the Old Town Business Association to the Board of Directors of the Alexandria Convention and Visitors Bureau. The voting was as follows:

Ticer - Vernon
Cleveland - Vernon
Donley - Vernon
Jackson - Vernon
Pepper - Vernon
Rich - Vernon
Speck - Vernon

29. Alexandria Environmental Policy Commission
1 Citizen Member

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

NAME ENDORSED BY

Ellison Burton

John Heimlich

Lindalyn Hutter

Gordon Johnston Mt. Vernon Group of the
Sierra Club

Matthew Korot

Dona Lee

Jerome MacLaughlin

Rodney Sherman Alexandria Environmental
Policy Commission

Eric Weight

(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; 10/14/92, 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 result: Rodney Sherman was appointed as a Citizen Member to the Alexandria Environmental Policy Commission. The voting was as follows:

Ticer - Sherman
Cleveland - Sherman
Donley - Johnston
Jackson - Sherman
Pepper - Sherman
Rich - Johnston
Speck - Sherman

30. Alexandria Industrial Development Authority
1 Citizen Member

(The following persons volunteered or were recommended for appointment to the above Authority:)

NAME ENDORSED BY

Timothy Bodor

Ronald Cornelison Alexandria Chamber of Commerce

Michael Sundel

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 30; 10/14/92, 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 result: Ronald Cornelison was appointed as a Citizen Member to the Alexandria Industrial Development Authority. The voting was as follows:

Ticer - Cornelison
Cleveland - Cornelison
Donley - Cornelison
Jackson - Cornelison
Pepper - Cornelison
Rich - Cornelison
Speck - Cornelison

New Business Item No.1: WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried unanimously, at 9:50 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 the following pending litigation involving the city, pursuant to section 2.1-344(7) of the Virginia Code

Seminary Associated v. City of Alexandria a real estate tax assessment suit which is pending in the Circuit Court for the City of Alexandria.

The voting was as follows:

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

New Business Item No. 2: THEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL VOTE, at 10:16 p.m., City Council reconvened the meeting and adopted the resolution pertaining to the Executive Session. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1620

WHEREAS, the Alexandria City Council has this 14th 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(7) 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 Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously, at 10:18 p.m., the Special Meeting of October 14, 1992, was adjourned. The voting was as follows:

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

APPROVED BY:

_____________________________
PATRICIA S. TICER MAYOR

ATTEST:

_________________________________
Susan K. Seagroves, Deputy City Clerk

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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