Meeting Minutes for Regular Meeting (10/12/1993)

Regular Meeting
Tuesday, October 12, 1993 - - 7:30 pm

* * * * *

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. Brannan, Assistant City Manager; Mr. Gitajn, Director of Financial and Information Services; Mrs. Godwin, Acting Director of Management and Budget; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Cyphers, Director of Human Services; Mr. Schott, Director of General Services; Mr. Sanderson, Director of Real Estate Assessments; Mr. Neckel, Director of Finance; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mr. O'Brien, Director of Library; Mr. Lynn, Director of Planning and Community Development; Ms. Federico, Director of Historic Alexandria; Ms. Davis, Director of Housing; Ms. Janney, Travel Promotion Manager; Ms. Cressey, City Archaeologist; Mr. Horowitz, Special Assistant to the Director of Human Services; Mr. Flaherty, Executive Director of Economic Development Program; Police Chief Samarra; Assistant Police Chief George; and Lieutenant Crawford, Police Department.

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

The City Council held a Work Session at 6:00 p.m. in the City Council Workroom with the Alexandria Commission on Employment to discuss the Summer Youth Employment Program. The City Manager, Mr. Cyphers, Director of Human Services, Mr. Flaherty, Director of Economic Development, Members of City Council and Commission members participated in the discussion of this issue.

The work session was concluded at 6:50 p.m.

(Materials pertaining to this work session are on file in the office of the City Clerk and Clerk of Council, and are incorporated herewith as part of the record.)

The Commission on Disabled Persons Disability Employment Awareness Month Reception was held at 7:00 p.m. in Room 2000.

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 Chaplain John Poffenberger of Good News Mission, Alexandria Jail.

3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously, City Council approved the minutes of (a) the Public Hearing Meeting of September 18, 1993; and (b) the Regular Meeting of September 28, 1993, as submitted. The voting was as follows:

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

4. THERE BEING NO DISCUSSION, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council received the report of the City Clerk dated October 6, 1993, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/12/93, and is incorporated herewith as part of this record by reference. The voting was as follows:

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

5. Presentation of Proclamation Designating October as Disability Employment Awareness 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. 5; 10/12/93, and is incorporated herewith as part of this record by reference.)

(Councilwoman Pepper presented the proclamation.)

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

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

6. Presentation of Proclamation Declaring October as National Arts and Humanities 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. 6; 10/12/93, and is incorporated herewith as part of this record by reference.)

(Mayor Ticer presented the proclamation.)

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

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

7. Presentation of Proclamation Recognizing Jack Shields for his Contributions to the Arts Community.

(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; 10/12/93, and is incorporated herewith as part of this record by reference.)

(Councilman Jackson presented the proclamation.)

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

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

New Business Item No. 1: The Alexandria Harmonizers sang two selections in honor of their friend, the late Jack Shields.

8. Presentation of Proclamation of Appreciation to the Charles Hooff Family. (Council Member Rich)

(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; 10/12/93, and is incorporated herewith as part of this record by reference.)

(Council Member Rich presented the proclamation.)

WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Vice Mayor Cleveland and Councilman Speck and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR 9 - 13; 18 - 23

WITHOUT OBJECTION, City Council withdrew Docket Item Nos. 11 and 20 from the Consent Calendar.

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

(a) Alexandria Cable Television Advisory Commission
Allan W. Robbins

(A copy of the above resignation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 10/12/93, and is incorporated herewith as part of this record by reference.)

10. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria-Leninakan Exchange Committee
1 Citizen Member

(b) Alexandria Building Code Board of Appeals
2 Citizen Members

(c) Alexandria Consumer Affairs Commission
1 Business Member

1 Citizen Member

(d) Alexandria Economic Opportunities Commission
1 Representative Designated by Senator Robert L. Calhoun

(e) Alexandria Public Health Advisory Commission
1 Non-Health Professional Member

(f) Alexandria Sister Cities Committee
1 Representative from the Alexandria School Board

(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. 10 (a-f); 10/12/93, and is incorporated herewith as part of this record by reference.)

12. Consideration of the 1993 Jones Intercable, Inc. Annual Opinion Survey Report.

(A copy of the City Manager's memorandum dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/12/93, and is incorporated herewith as part of this record by reference.)

13. Presentation of Viewers' Report Concerning Request for Vacation of the Public Street Right-of-Way Located at the 600-700 Blocks of North Armistead Street, and Authorization to the City Attorney to Prepare the Necessary Ordinance. (#21 9/18/93)

(A copy of the Viewers' Report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/12/93, and is incorporated herewith as part of this record by reference.)

18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to bring the city's regulations governing day care homes into conformity with recent amendments to the Virginia Code (i) by repealing all regulations governing nursery schools and (ii) by revising the regulations to require child care services providers who care for one through eight children, rather than one through five children, be registered by the city.

(A copy of the Acting City Attorney's memorandum dated October 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/12/93, 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. 18; 10/12/93, 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. 18; 10/12/93, 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 sidewalk right-of-way for restaurant seating and lighting located at 811-815 South Washington Street.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/12/93, 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; 10/12/93, 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 amend the Zoning Ordinance to permit, by special use permit, more than eight townhouses in a single structure.

(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. 21; 10/12/93, 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. 21; 10/12/93, and is incorporated herewith as part of this record by reference.)

22 . Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend section 4-702 of the Zoning Ordinance to allow commercial schools in the CR zone as a permitted use.

(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. 22; 10/12/93, 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. 22; 10/12/93, and is incorporated herewith as part of this record by reference.)

23. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend section 11-506 of the Zoning Ordinance to make the period of validity for special use permit approvals involving construction consistent with the period of validity for site plan approvals.

(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. 23; 10/12/93, 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. 23; 10/12/93, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 11 and 20 which were considered under separate motions. The City Manager's recommendations are as follows:

9. City Council received the resignation of Allan W. Robbins from the Alexandria Cable Television Advisory Commission with regret and requested the Executive Secretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.

10. City Council (a) appointed Lisa Caroglanian as a Citizen Member to the Alexandria-Leninakan Exchange Committee; (b) reappointed Richard Clausen and J. Harry Poladian, Jr. as Citizen Members to the Alexandria Building Code Board of Appeals; (c) appointed Norman Chung as a Business Member and Jesse Macro, Jr. as a Citizen Member to the Alexandria Consumer Affairs Commission; (d) appointed Regina Brown as a Representative Designated by Senator Robert L. Calhoun to the Alexandria Economic Opportunities Commission; (e) appointed Kathryn Lynch as a Non-Health Professional Member to the Alexandria Public Health Advisory Commission; and (f) appointed Patricia Broussard as a Representative from the Alexandria School Board to the Alexandria Sister Cities Committee.

12. City Council received the 1993 Annual Opinion Survey Report from Jones Intercable, Inc.

13. City Council received the Viewers' Report and authorized the City Attorney to prepare the necessary ordinance.

18. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 16, 1993.

19. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 16, 1993.

21. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 16, 1993.

22. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 16, 1993.

23. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 16, 1993.

END OF CONSENT CALENDAR

The voting was as follows:

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

NOTE: Council Member Rich suggested that there were representatives from the Commission for the Arts who would like to speak to Docket Item No. 11; therefore, WITHOUT OBJECTION, City Council removed this from the previously adopted Consent Calendar and considered it after Docket Item No. 20.

20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to establish a permanent committee whose primary function will be to administer and oversee the economic marketing fund established by city council on September 28, 1993.

(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. 20; 10/12/93, 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; 10/12/93, and is incorporated herewith as part of this record. by reference.)

(Councilman Speck indicated that on page one of the ordinance subsection (11) should be "Torpedo Factory Artists' Association". He stated also that it was to include a Member of City Council and the City Manager or her designee. He recommended that these amendments be made.

Councilman Speck also asked questions about the Alexandria Promotion Team, the Alexandria Restaurant Council and the Potomac West Trade Association.

Members of Council participated in the discussion. Ms. Janney, Travel Promotion Manager, answered questions.

The City Attorney indicated that he would bring back a substitute ordinance on Saturday, October 16, 1993, to include the amendments.

Councilman Donley was designated on September 28, 1993, to be the Council's representative on this Committee.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council introduced and passed the ordinance on its First Reading, as amended; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 16, 1993. The voting was as follows:

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

11. Receipt of the Alexandria Commission for the Arts Annual Report for FY 1992-93.

(A copy of the City Manager's memorandum dated October 12, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/12/93, and is incorporated herewith as part of this record by reference.)

(Members of the Commission made comments with respect to upcoming events.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council received the report and thanked the Alexandria Commission for the Arts for its efforts on behalf of the arts and the City. 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 (continued)

14. Consideration of Report on and Proposed Resolution on Off-Track Betting and Setting a Public Hearing on Saturday, October 16, 1993. (Mayor Ticer, Council Member Rich, Councilwoman Pepper, Councilman Speck, Vice Mayor Cleveland, and Councilman Donley)

(A copy of the City Manager's memorandum dated October 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/12/93, and is incorporated herewith as part of this record by reference.

A copy of Connie Ring's memorandum dated October 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14 ; 10/12/93, 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 received the report and set the subject of Off-Track Betting in Alexandria and the proposed resolution for public hearing on October 16, 1993. The voting was as follows:

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

15. Consideration of Application to the Bureau of Justice Assistance, U.S. Department of Justice, for Funding for the Police Hiring Supplement Program. (Councilman Speck)

(A copy of the City Manager's memorandum dated September 30, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/12/93, and is incorporated herewith as part of this record by reference.)

(General Discussion. Members of City Council, Police Chief Samarra, and the City Manager participated in the discussion of this item.)

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council decided to exceed its budget cap on the number of full-time City positions. Approval of the grant will increase the number of full-time grant-funded City positions by 3.0 FTEs, all of whom would be Police Officers providing community-oriented policing services under the terms of the grant. City Council (1) approved the submission of the grant application to the Bureau of Justice Assistance for funding for three years, in the amount of $370,728, for the Police Hiring Supplement Program; (2) contingent upon the award of the grant, approved the hiring of three additional police officers to be funded by this grant for a period of three years; and (3) authorized the City Manager to execute all documents that may be required. (The application package is due to BJA for first round consideration on October 14, 1993.) The voting was as follows:

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

16. Consideration of Request to Waive the Major Events Policy for the American Indian Festival. (Councilman Speck)

(A copy of the City Manager's memorandum dated October 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/12/93, and is incorporated herewith as part of this record by reference.

A copy of Norma Dempsey's memorandum dated October 12, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 10/12/93, and is incorporated herewith as part of this record by reference.)

(General Discussion. The Members of City Council, the City Manager and Mr. Kauffman, Director of Recreation, Parks and Cultural Activities, participated in the discussion.

The City Manager stated that she felt something could be worked out for the American Indian Festival to give them an August weekend without a waiver to the American Indian group because she thinks one of the others will be dropping out.

Councilman Speck stated that if the Manager believes that staff can work out an August date without the requirement of a waiver, he will withdraw his motion but will ask to have this revisited at the first Legislative Meeting in December. If it has not been worked out at that time, he will remake his motion for a waiver.

Mr. Kauffman briefed Council on the recent events held in Eisenhower Valley.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council referred the notion of the policy back to the City Manager for development and her suggestions as to whether a task force should be formed and if a task force is formed, her suggestions on the membership of that task force. [The City Manager can discuss with the Council in the meantime to get its thoughts on how it might want to go with this.] The voting was as follows:

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

17. Consideration of a Budget Transfer to Provide Predevelopment Monies for Housing Development Projects.

(A copy of the City Manager's memorandum dated October 6, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/12/93, and is incorporated herewith as part of this record by reference.)

(General Discussion. Members of City Council asked questions of Ms. Davis, Director of Housing.

Mr. O'Kane, Director of Transportation and Environmental Services, is to report back to City Council on the need for a traffic light at Yoakum Parkway and Stevenson Avenue.

Mr. O'Kane was requested to send some of his findings with respect to the intersection of Yoakum Parkway and Stevenson Avenue to the president of the Olympus, John Moore.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried unanimously, City Council (1) approved the transfer of $100,000 in non-Federal housing monies from the Transitional Apartment Program (index code 773044) to the Low- and Moderate-Income Housing Assistance Fund (index code 773051) to provide predevelopment and development monies for affordable housing projects; (2) authorized the City Manager to approve City funding in amounts up to $15,000 for reasonable predevelopment costs for affordable housing (new or existing) for which non-profit organizations lack funding. Predevelopment costs in excess of $15,000 would require City Council approval. (The Manager currently has authority to approve expenses necessary to determine the feasibility of affordable housing development projects involving existing housing. The maximum amount ever approved by the Manager for such feasibility studies is $15,000.); and (3) approved the allocation of up to $35,000 to the Robert Pierre Johnson Housing Development Corporation (RPJ) for a parking variance application to the City for a proposed new construction condominium project (located on Stevenson Avenue near Route I-395), with the understanding that the $35,000 will be repaid to the City if City Council approves the final project. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilman Speck stated that Council has received a letter from Michael Brown, president, Del Ray Citizens Association, proposing an economic summit on Mt. Vernon Avenue development in the future and all kinds of issues that he thought were important to the community and the business establishments. He spoke to the staff response to this. He suggested that Council try to change the thrust of this. He stated that he thinks Council needs to move this issue much faster than was talked about and perhaps not develop as a staff presentation to the extent that it is, but more perhaps what was originally suggested in the correspondence from Michael Brown. Mr. Brown's suggestion was a summit in which everyone gathers, perhaps not for the

whole day, but maybe an afternoon or early evening and try to move this much faster and actually push to a pre-Thanksgiving event. He indicated he was willing to participate in helping to pull this together, as are some of his colleagues, to give the Avenue a jumpstart, and give the summit a jumpstart as well.

Members of Council participated in the discussion.

Councilman Speck stated that there certainly seems to be a consensus that we move this along. He suggested that Council consult with the Manager after this meeting to figure out how we can pull together a quick planning group to see if something can be scheduled fairly rapidly. This may very well lead to a more expanded meeting sometime in the spring, but something needs to be done now that makes the community feel that something is happening, and, in fact, does create an opportunity for some of those issues to be surfaced quickly.

The City Manager stated that if Council wants to do it before Thanksgiving, we can do that. She stated that she can set up a staff planning group, including Mr. Brown who initiated the contact with the City about it, and report back to Council with regard to the date and the suggested scope of the meeting.

(b) Vice Mayor Cleveland indicated what spurred a lot of that was an initial request of his to look into Mt. Vernon Avenue and doing an enterprise zone on Mt. Vernon Avenue. He was pleased that Richard Flaherty, Director of Economic Development, has looked at a way to maybe configure a zone for Mt. Vernon Avenue so that we may have an enterprise zone. He stated he thinks it is very creative of Richard for going down as well as thinking about this and bringing it back to the City Manager who has thought about it, reconfigured the zone and the City is going to apply.

The City Manager spoke to this issue and stated that it will be docketed for Saturday, October 16, 1993.

(c) Councilman Donley spoke to the latest arrest statistics with respect to the open-container law. He and Vice Mayor Cleveland serve on the City Manager's Anti-Drug Task Force. He stated that the City is actively enforcing this ordinance but the problem of public drinking still persists. He stated that Council is going to have to continue to be mindful of restrictions, conditions and actions we can take as a legislative body that will hopefully curb some of this nuisance activity.

Council Member Rich asked questions of Chief Samarra.

Councilman Donley suggested staff could get back to Council on recidivism regarding the open-container law.

Councilman Speck commented about the issue of what you do with the chronic public inebriate after you have arrested them a number of times. He indicated that the General Assembly appointed a study commission on public inebriation and alternatives to the fines that were being opposed. He stated that he serves on it and one of the things they are trying to do is look for the reinstitution of some of the systems that existed 15 to 20 years ago where you could take someone off the street for a period of time, send them for detox and some modicum of treatment and sometimes it would take. He stated that the great irony of all this is that it is the same people that keep hitting on the system over and over again. He stated that he thinks that the report will be issued prior to the General Assembly convening in January.

(d) Mayor Ticer presented the new Alexandria Christmas decoration which is being sold by consortium, the Christmas in Alexandria Committee. It was designed by Marge Alderson. It will be available for $15. It is a replica of City Hall and will be available at the Ramsay House, the Lyceum and Old Town businesses.

(e) Mayor Ticer spoke to the graffiti that is taking place in Old Town for the last couple of weeks. She indicated that the police are trying to find the culprit and requested anybody who sees someone doing graffiti to please call the police immediately.

ORDINANCES AND RESOLUTIONS (continued)

24. (a) Presentation of Viewers' Report Concerning Request for Vacation of the Public Street Right-of-Way for Future Development for the Property Located Between Slater's Lane and Powhatan Street, and Authorization to the City Attorney to Prepare the Necessary Ordinance. (#24 9/18/93)

(A copy of the Viewers' Reports dated September 28 and 29, 1993, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 24 (a); 10/12/93, and is incorporated herewith as part of this record by reference.)

(General Discussion. The City Manager explained the history of this piece of property. Members of City Council participated in the discussion.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously, city Council received the Viewers' Reports. The voting was as follows:

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

24. (b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to vacate a 25,756 square foot portion of the public right-of-way located between Powhatan Street, Slater's Lane, and North Henry Street.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24 (b); 10/12/93, 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. 24 (b); 10/12/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland 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, October 16, 1993. The voting was as follows:

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

25. Consideration of Resolution Establishing an Ad Hoc Committee to Study the Feasibility of Building a Convention Center/Conference Hotel in Alexandria. (Mayor Ticer) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated October 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 10/12/93, and is incorporated herewith as part of this record by reference.

A copy of William F. Deal's memorandum dated October 12, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 10/12/93, and is incorporated herewith as part of this record by reference.)

(General Discussion. There was considerable discussion on this item. Mr. McLaughlin, Vice Chair of the Chamber of Commerce, offered the services of the Chamber to assist in this endeavor. It was suggested that a few days be taken to see if the details and mechanics can be worked out and come back on Saturday to make a decision.

It was the consensus of Council to bring this item back on Saturday, October 16, 1993.

OTHER

26. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated October 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 10/12/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried on a vote of 6-to-0, City Council received the updated Council calendar and noted the two work sessions with the School Board: Monday, October 25 at 7:30 p.m. in the Council Workroom; and Monday, November 15 at 7:30 p.m. at the Minnie Howard Ninth Grade Center; and the City Employee Service Awards Program on Monday, November 22, at 5:30 p.m. in the Torpedo Factory Art Center. The voting was as follows:

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

CONTESTED APPOINTMENTS

27. Alexandria Board of Architectural Review -
Parker-Gray District
1 Citizen Member

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

NAME ENDORSED BY:

William Cromley William A. Moncure

G. Paul Greenway

Kevin Sneed

(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; 10/12/93, 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 William Cromley as a Citizen Member to the Alexandria Board of Architectural Review - - Parker-Gray District. The voting was as follows:

Ticer - Cromley
Cleveland - Cromley
Donley - Cromley
Jackson - Sneed
Pepper - Cromley
Rich - Cromley
Speck - Did not vote

28. Alexandria Landlord-Tenant Relations Board
1 Representative of a Landlord

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

NAME ENDORSED BY:

Michael Lynch*

Joan Poladian

*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; 10/12/93, 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 Michael Lynch as a Representative of a Landlord to the Alexandria Landlord-Tenant Relation Board. The voting was as follows:

Ticer - Lynch
Cleveland - Lynch
Donley - Lynch
Jackson - Poladian
Pepper - Poladian
Rich - Lynch
Speck - Poladian

29. Alexandria Local Emergency Planning Committee
1 Operator of a Facility Subject to Federal Emergency Planning Requirements

(The following person volunteered for appointment to the above Committee:)

NAME ENDORSED BY:

John Hoffman*

*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. 29; 10/12/93, 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 John Hoffman as an Operator of a Facility Subject to Federal Emergency Planning Requirements to the Alexandria Local Emergency Planning Committee. The voting was as follows:

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

30. Alexandria Task Force on AIDS
1 Representative from the Alexandria Gay and Lesbian Community
Association

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

NAME ENDORSED BY:

Diane Hall* AGLCA

(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; 10/12/93, 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 Diane Hall as a Representative from the Alexandria Gay and Lesbian Community Association to the Alexandria Task Force on AIDS. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

31. Consideration of Status Report on the Renovation of the Kate Waller Barrett Library.

(A copy of the City Manager's memorandum dated October 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 10/12/93, and is incorporated herewith as part of this record by reference.)

(General Discussion. There was considerable dialogue on this item between the Members of City Council, the City Manager, Mr. Gitajn, Director of Financial and Information Services, and Mr. Schott, Director of General Services.

The City Manager indicated that staff will bring back a report with alternatives for council at the work session during lunch on Saturday, October 16, in addition to a discussion of the consensus areas from the retreat.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council deferred this item. The voting was as follows:

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

New Business Item No. 2: WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, at 11:01 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 or a city officer or employee, pursuant to section 2.1-344(7) of the Virginia Code: First Alexandria Associates v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, No. CL920844, which involves the real estate tax assessment on the Foxchase Shopping Center. The voting was as follows:

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

New Business Item No. 3: WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, at 11:25 p.m., City Council reconvened its meeting of this date which was recessed for the purpose of conducting an executive session. The voting was as follows:

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

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

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

The resolution reads as follows:

RESOLUTION NO. 1662

WHEREAS, the Alexandria City Council has this 12th day of October, 1993, 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.

New Business Item No. 4: WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council authorized that we settle the tax assessment case regarding the Foxchase Shopping Center in accordance with the information that we agreed upon in Executive Session. The voting was as follows:

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

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Cleveland, seconded by Councilman Jackson and carried on a vote of 6-to-0, at 11:27 p.m., the Regular Meeting of October 12, 1993, was adjourned. The voting was as follows:

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

APPROVED BY:

___________________________________
PATRICIA S. TICER MAYOR

ATTEST:

________________________________
Beverly I. Jett, CMC 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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