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Special Meeting
Tuesday, April 29, 1997 - - 7:30 p.m.
[in lieu of the Regular Meeting of April 22, 1997]


* * * * *

Present: Mayor Kerry J. Donley, Vice Mayor Redella S. Pepper, Members of Council William C. Cleveland, William D. Euille, Lonnie C. Rich, David G. Speck, and Lois L. Walker.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Boyd, Director of Citizen Assistance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Mr. Neckel, Director of Finance; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Mr. Caton, Legislative Director; Fire Chief Hawkins; Mr. McMahon, Deputy Director of General Services; Ms. Fayne, Special Assistant to the City Manager; Ms. Steele, Deputy City Manager; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Ms. Mitchell, Executive Director, Alexandria Convention and Visitors Association; Mr. Sanderson, Director of Real Estate Assessments; and Lieutenant Kaluta, Police Department.

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

OPENING

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

The Invocation was pronounced by Reverend Timothy J. Mabbott, Pastor, First Christian Church.

3. THERE BEING NO DISCUSSION, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the Minutes of (a) the Special Meeting of April 7, 1997; (b) the Regular Meeting of April 8, 1997; and (c) the Public Hearing Meeting of April 12, 1997, as submitted. The voting was as follows:

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




4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, City Council received the report of the City Clerk dated April 21, 1997, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/29/97, and is incorporated herewith as part of this record by reference. The voting was as follows:

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

5. Presentation of Proclamation in Honor of the Days of Remembrance of the Holocaust. (Councilman Speck and Mayor 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; 4/29/97, and is incorporated herewith as part of this record by reference.)

Councilman Speck presented the proclamation.

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

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

6. Presentation of Proclamation Declaring the Week of May 4-10, 1997, as "We Love Visitors Week" and "National Tourism Week" in the City of Alexandria." (Mayor 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. 6; 4/29/97, and is incorporated herewith as part of this record by reference.)

Mayor Donley presented the proclamation.

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

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






7. Presentation of a Proclamation Proclaiming May 10, 1997, as Homeownership Fair Day in the City of Alexandria. (Mayor Donley and Councilman Euille)

(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; 4/29/97, and is incorporated herewith as part of this record by reference.)

Councilman Euille presented the proclamation.

Councilman Euille offered a suggestion, that at the time of the Economic Summit in the fall, that an item be added as part of the Summit to have a discussion on affordable housing.

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

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (8 - 15) (24)

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

(a) Alexandria Economic Opportunities Commission
Arthur G. Mosley

(A copy of the above resignation is on file in the office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 8 (a); 4/29/97, and is incorporated herewith as part of this record by reference.)

9. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Representative Designated by Council Member Lonnie C. Rich

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

(c) Historic Alexandria Resources Commission
1 Representative From the Landmarks Society of Alexandria

(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9 (a-c); 4/29/97, and is incorporated herewith as part of this record by reference.)



10. Consideration of Request to Vacate a Position on the Alexandria Environmental Policy Commission.

(A copy of the City Manager's memorandum dated April 8, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 4/29/97, and is incorporated herewith as part of this record by reference.)

11. Consideration of Application to the Virginia Department of Criminal Justice Services for Funding for the Weed and Seed Program for the City.

(A copy of the City Manager's memorandum dated April 21, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/29/97, and is incorporated herewith as part of this record by reference.)

12. Consideration of Application to the United States Department of Agriculture (USDA) for Funding for the Summer Food Service Program for Children.

(A copy of the City Manager's memorandum dated April 14, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/29/97, and is incorporated herewith as part of this record by reference.)

13. Consideration of Modification of Contract for FY 1997 Between the City (Office of Human Rights) and the U.S. Equal Employment Opportunity Commission (EEOC).

(A copy of the City Manager's memorandum dated April 17, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/29/97, and is incorporated herewith as part of this record by reference.)

14. Receipt of the City's Monthly Financial Report for the Period Ending March 31, 1997.

(A copy of the City Manager's memorandum dated April 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/29/97, and is incorporated herewith as a part of this record by reference.)

15. Consideration of Acquisition of Digital Fingerprint Technology Equipment That Would be Funded by The State Compensation Board.

(A copy of the City Manager's memorandum dated April 21, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 4/29/97, and is incorporated herewith as a part of this record by reference.)

24. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to establish a personal property tax relief program for certain elderly and disabled City residents.

(A copy of the City Manager's memorandum dated April 23, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 4/29/97, 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. 24; 4/29/97, 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. 24; 4/29/97, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Speck and carried on a vote of 6-to-0, City Council approved the Consent Calendar as presented. The City Manager's recommendations are as follows:

8. City Council received the resignation of Arthur G. Mosely as Councilman Cleveland's representative to the Economic Opportunities Commission; and requested the Executive Secretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.

9. City Council (a) appointed Laurence Campbell as a Representative Designated by Council Member Lonnie C. Rich to the Alexandria Budget and Fiscal Affairs Advisory Committee; (b) appointed Bettie Applewhite as a Business Representative From Among Recognized Area Businesses Including Minority-Owned and Small Businesses to the Alexandria Commission on Employment; and (c) appointed Jean Oseth as a Representative From the Landmarks Society of Alexandria to the Historic Alexandria Resources Commission.

10. City Council declared as vacant the position for a member from the field of medicine on the Environmental Policy Commission and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy.

11. City Council approved the submission of the City's grant application to participate in the Weed and Seed pilot program. The proposed grant, in the amount of $245,802, includes no additional staff, and the City's 10% local share would be funded from budgeted FY 1998 Police Department overtime funds.

12. City Council authorized the City Manager to apply for the grant and execute any necessary documents.

13. City Council authorized the City Manager to submit a modified contract to the EEOC for additional funding, in the amount of $54,700, which brings the total contract amount to $115,300. The initial contract amount of $60,500 was approved by City Council on March 26, 1996. In March 1997, the EEOC issued an amendment of solicitation option to extend the terms of the FY 1996 contract through FY 1997. This contract will allow the Alexandria Office of Human Rights to continue as a Fair Employment Practice Agency (FEPA).

14. City Council received the Financial Report for the period ending March 31, 1997.



15. City Council authorized the request for funding from the State Compensation Board for the purchase of one digital fingerprint unit estimated at $72,000. No positions are proposed in connection with this funding request. A City cash match of 41.81 percent (approximately $30,000) will be required for equipment purchase. Additional funds will be required as outlined in the Fiscal Impact section of the memorandum.

24. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 17, 1997.

END OF CONSENT CALENDAR

The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

16. Consideration of Request from Ebenezer Baptist Church for a Site in Raleigh Park for a New Church. (Councilman Cleveland)

(A copy of the City Manager's memorandum dated April 23, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 4/29/97, and is incorporated herewith as part of this record by reference.)

Councilman Cleveland stated he has spoken to the persons who wanted to do this at Ebenezer. They requested that this item be deferred. He indicated that they would like to sit down and discuss with the City Manager and staff to see if this can be worked out.

Mayor Donley indicated there have been a couple of meetings already. We will continue to work on a new home for Ebenezer.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilman Euille and carried on a vote of 6-to-0, City Council withdrew and deferred action on this item. The voting was as follows:

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

17. Consideration of Request from the U.S. Navy that The City of Alexandria Host the Commissioning of the Naval Ship USS Cardinal in October 1997.

(A copy of the City Manager's memorandum dated April 23, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 4/29/97, and is incorporated herewith as part of this record by reference.)

Members of City Council participated in the discussion of this item.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously, City Council (1) approved the Navy's request that the City host the commissioning of the USS Cardinal on Saturday, October 18, 1997, and (2) approved an exception to City Council's Major Events Policy as stated in the "Guidelines for Sponsoring Major Events in Old Town Alexandria" to permit the scheduling of the commissioning on Saturday, October 18. The voting was as follows:

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

18. Consideration of Federally Required Local Analysis of Impediments to Fair Housing Choice and Receipt of Staff Response to Recent Testing by the Fair Housing Council of Greater Washington.

(A copy of the City Manager's memorandum dated April 22, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 4/29/97, and is incorporated herewith as part of this record by reference.)

Mayor Donley directed questions to Housing Director Davis with respect to the results of the COG-initiated housing testing that was performed by the Washington Housing Council.

Housing Director Davis gave a brief overview of the report and what staff has done in response to the recent testing.

Council Member Walker gave a letter to staff that she received as a Realtor from Doris Burell, who is the Northern Virginia Association of Realtors President-elect. Ms. Burell talks about the Fair Housing Index and is somewhat distressed by the reports from Alexandria. Ms. Burell is also taking her own initiative to go out to the real estate agencies' sales meetings to talk to real estate companies in Alexandria about fair housing testing. Council Member Walker stated that if there are problems in Alexandria that we move quickly to correct them and to work with Ms. Burell to make sure that there are no problems in Alexandria.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council approved the Draft Analysis of Impediments to Fair Housing Choice. The voting was as follows:

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

19. Consideration of Report on Fair Housing Testing for Housing Discrimination Based on Sexual Orientation and Modification of Appointment Process for the Hispanic Community Representative to the Fair Housing Testing Program Advisory Committee.

(A copy of the City Manager's memorandum dated April 14, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 4/29/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Euille and carried unanimously, City Council (1) received the report; (2) referred the report to the Alexandria Gay and Lesbian Community Association for its recommendations concerning follow-up actions in response to the testing results; and (3) amended the membership of the Fair Housing Testing Program Advisory Committee to designate Bienvenidos as an agency member, in place of the current seat for a Hispanic Community representative designated by the United Way. The voting was as follows:

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

20. Consideration of Changes in Loan Terms for Community Lodgings' Loans on Notabene Drive Properties.

(A copy of the City Manager's memorandum dated April 15, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 4/29/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the following changes with regard to the repayment of the two $100,000 Community Lodgings, Inc. Housing Trust Fund loans along with the $25,000 non-federal funds loan on the properties at 607 and 612 Notabene Drive:

(1) Revise the repayment start and end dates as follows:

LoanScheduled
Start Date
Revised
Start Date
Scheduled
End Date
Revised
End Date
$100,000 (612) 07/12/9610/08/9707/12/0607/08/06
$100,000 (607)12/17/9601/08/9812/17/0610/08/06
$ 25,000 (607/612)01/08/9804/08/9901/08/1301/08/13

(2) Change the payment schedules from annual to quarterly payments.

As shown above, all three loans will be fully repaid on or before the originally scheduled final payment date. Community Lodgings, Inc. is in agreement with this recommendation. The voting was as follows:

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

21. Consideration of Approval to Use City Facilities and Personnel for the Alexandria Red Cross Waterfront Festival on June 13, 14, and 15, 1997.

(A copy of the City Manager's memorandum dated April 17, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 4/29/97, and is incorporated herewith as part of this record by reference.)

Councilman Euille stated for the record that he noted that the Red Cross fell short of its goal for the last two years. He felt that the weather certainly played a factor for the success of this event. Hopefully, there will be no rain for this year's event.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, City Council approved the use of the following City facilities and personnel for the 16th Annual Alexandria Red Cross Waterfront Festival on June 13, 14, and 15, and set conditions for their use. All City costs associated with the festival are paid for by the Red Cross, and include permits and license fees, facilities and equipment rental fees, and staff fees at the appropriate overtime rates. These fees are estimated to total $37,148 this year, and are not to be waived. The Red Cross made a net total of $93,949 on the festival last year after paying $36,732.82 in City fees and costs for permits, licenses, facilities and equipment.

A. Use of parks, equipment and public facilities (Attachment 1):

2. The use of the Torpedo Factory Piers (north and south) and the Founders Park Piers (north and south) at the City Marina for berthing and servicing of visiting ships during festival hours.

3. The use of all available picnic tables.

4. The use of Founders Park (east side of cinder track) during festival hours. This area will be used for passive displays and activities as agreed upon by the Founders Park Civic Association.

5. The closing of the following streets and a section of the bicycle path to vehicular traffic (except Festival and emergency vehicles) from 10:00 a.m. on Friday, June 13, through Sunday, June 15, 10:00 p.m.

* Bicycle path between Montgomery and Oronoco Streets;

* Madison Street east of Fairfax Street to the Alexandria Schools Rowing Facility;

* Pendleton Street east of Fairfax Street to Union Street;

* Oronoco Street east of Union Street to the river;

* Union Street north of Oronoco Street to Pendleton Street; and,

* Montgomery Street east of bike path to the river.

6. A ban on parking on the following streets from 8:00 a.m. on Friday, June 13, until 10:00 p.m. on Sunday, June 15:

* Madison Street east of Fairfax Street to the river;

* Pendleton Street east of Fairfax Street to Union Street;

* Oronoco Street east of Union Street to the river; and,

* Union Street north of Oronoco Street to Pendleton Street.

7. A ban on parking on Fairfax Street, east side, from Oronoco Street to Madison Street from 4:00 p.m. on Friday, June 13, until 10:00 p.m., on Sunday, June 15.

B. Permits:

1. To allow the temporary occupancy of public spaces for displays, exhibits, events, demonstrations, sales, trash removal, toilet facilities, amusement rides and other similar activities (Attachment 2);

2. To allow the on-site sale of food and beer during specified festival hours;

3. To allow the performance of staged musical events in Oronoco Bay Park on Friday, June 13, 6:00 p.m. - 11:00 p.m.; Saturday, June 14, 10:00 a.m. - 10:00 p.m.; and Sunday, June 15, 10:00 a.m. - 7:00 p.m.; (The Red Cross is still determining the types of family entertainment that will be featured); and

4. To support a fireworks display to be conducted from a barge in the Potomac River on Friday, June 13 at 10:30 p.m. and Saturday, June 14 at 9:30 p.m. (this support is contingent upon the Alexandria Red Cross obtaining permission to shoot fireworks from the District of Columbia); and,

5. To allow the placement of Red Cross flags by the Red Cross on utility poles from June 11 to June 16, from the 100 block of North Union Street to the 500 block of North Union Street, Oronoco Bay Park, and at the City Marina.

C. Set Conditions For Use:

1. No permits or license fees, facilities or equipment, rental fees, or staff costs required for the Festival shall be waived since the Red Cross raises a substantial amount of money from this festival.

a. Rental and staff fees shall be billed by the City on or before June 30, 1997, with payment due on or before July 30, 1997 (Attachment 3); and,

b. All permit fees shall be paid in advance, all insurance requirements shall be met and the park bond shall be posted in advance (Attachment 4).

2. The Red Cross shall be responsible for the restoration of landscaping, grass, sprinkler systems, light poles, and other park amenities at Oronoco Bay Park, and the City Marina area, and all other public rights-of-way as requested by the City. A $2,500 bond shall be posted by the Red Cross by June 9. Additionally, the Red Cross will be assessed a restoration fee to aerate, seed and fertilize the park after the festival, where necessary (Attachment 4).

3. Beer sales will be as follows: On June 13, 6:00 p.m. - 10:00 p.m.; on June 14, 12:00 noon - 9:00 p.m. with the exception of 2:00 p.m. - 4:00 p.m. which will be a two-hour dry period for all alcoholic beverages; and on Sunday, June 15, 12:00 noon - 6:00 p.m. No beer is to be taken from the festival grounds. All beverages sold must be served in plastic cups, including non-alcoholic beverages. No more than two alcoholic beverages may be purchased at any one time by a customer.

Other requirements pertaining to beer sales are as follows:

a. The Red Cross will obtain and produce a Virginia ABC License and City Banquet License.

b. The Red Cross will provide T.I.P.S. training (Training for Intervention Procedures for Servers of Alcohol), for volunteers who will be selling alcoholic beverages during the Festival. These volunteers will not be permitted to consume these beverages while they serve them.

4. Where necessary, the Red Cross shall obtain permission from Federal, State and D.C. Government agencies and provide the City with copies of approvals and permits.

5. The Red Cross shall provide the City with copies of Certificates of Insurance for public liability and property damage of $1,000,000 with the City of Alexandria named as co-insured. The certificates shall cover waterfront docks, fireworks displays, Oronoco Bay Park, beer sales, and rights-of-way approved in this request (Attachment 4).

6. In addition, the Red Cross shall obtain and provide the City with a copy of a Certificate of Insurance for public liability and property damage of $1,000,000 per occurrence/$5,000,000 aggregate, with the City of Alexandria named as co-insured, to cover amusement rides.

7. The Red Cross will supply barricades. The Red Cross will provide personnel to place the barricades and to control each gate to prevent unauthorized motor vehicles from entering the closed streets.

8. The Red Cross will provide the personnel necessary to keep the parks, streets and sidewalks clean at all times. The City will provide a trash truck and personnel for removal and dumping of bagged trash from the Festival site. The Red Cross shall pay all dumping and personnel fees connected with this service (Attachment 3).

9. The Red Cross shall notify and obtain, where possible, letters confirming participation and/or cooperation from the following organizations and groups that will be affected by the Festival and submit such documents to the City for review before this permit is processed:

a. United Way of America

b. Sheet Metal Workers' Association

c. D.R.I. (Dalton Wharf)

d. Gates, Hudson and Associates

e. Norfolk Southern Railway System

f. Robinson Terminal

g. Alexandria Chamber of Commerce

h. Founders Park Citizens' Association

i. Old Town Citizens' Association

j. The Alexandria House Tenants' Association

k. Rivergate Homeowners' Association

l. Old Town North Community Association

m. Alexandria Public Schools

10. The Health Department must approve all food and beverage concessions prior to their arrival at the site. Adequate toilet facilities must also be provided.

11. The Red Cross shall provide and pay for night security of the Festival grounds and along the waterfront.

12. The Red Cross shall be responsible for all docking fees incurred by visiting ships berthing at the City Marina.

13. The Red Cross shall obtain a three-day banquet license and a three-day business license from the City's Finance Department (Attachment 4).

14. All food sales will be conducted under tents or from booths and wagons located throughout the Festival site. Concessionaires include several Alexandria restaurants and clubs. The Health and Fire Departments will monitor these activities to ensure that all codes are met.

The voting was as follows:

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




22. Consideration of the Acceptance of a Donation of a Linoleum Block Print by Patricia Morrison from the Earth Day Committee.

(A copy of the City Manager's memorandum dated April 11, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 4/29/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the recommendation of the Alexandria Commission for the Arts (ACA) to: (1) accept the Earth Day Committee's donation of the Patricia Morrison linoleum block print to the City's permanent collection; (2) recommend placement of the artwork be either in the Chinquapin Recreation Center or the Ramsay Nature Center; and, (3) express gratitude to the Alexandria Earth Day Committee for the gift. The voting was as follows:

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

23. Receipt of the FY 1996 City Affirmative Action Utilization Analysis and Applicant Tracking System Report.

(A copy of the City Manager's memorandum dated April 23, 1997, together with the report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 23; 4/29/97, and is incorporated herewith as part of this record by reference.)

Council Member Rich directed questions to Special Assistant to the City Manager Fayne with respect to Public Safety.

Councilman Euille also directed questions to Special Assistant to the City Manager Fayne. Councilman Euille requested that a work session be held with the Human Rights Commission at a later date to discuss more broadly the statistics of this report.

City Manager Lawson stated that in the fall there will be a work session with the various commissions that represent the work that is done by the Special Assistant. She requested that if there are any particular areas that Council would like staff to highlight or look at, please let her know.

Councilman Euille stated that there would be a new Affirmative Action plan prepared by the Human Rights Commission, the Commission on Women, Commission on Persons With Disabilities, and Commission on Aging. In addition, you will be adding the mentoring program, and whatever Council does in the next couple of evenings with Council's budget, the new employee education tuition assistance program and the diversity at work program. He stated that the diversity at work program is an important program which needs to be expedited. The EEO Outreach Specialist that would be operating out of the office of Personnel, is something that he would like Council to talk about.

Council Member Walker stated that Council will be trying to develop a pay philosophy when we discuss pay for employees and suggested that Affirmative Action goals be placed in the pay philosophy.

WHEREUPON, upon motion by Councilman Cleveland, seconded simultaneously by Vice Mayor Pepper and Council Member Walker and carried unanimously, City Council received the Report. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilman Euille spoke to an organizational meeting regarding a Tutoring Consortium on Friday, May 2 from 2:30 p.m. to 4:00 p.m. at the T. C. Williams High School Career Center. The goal and objective of this meeting is to form a Consortium to unite faith communities, elementary school principals, teachers, and reading specialists to provide a strong support for our children whom the schools deem to be at-risk of failing.

(b) Councilman Euille requested the Director of Transportation and Environmental Services O'Kane to give Council a status report on the King Street/Beauregard proposed bridge by VDOT.

Transportation and Environmental Services Director O'Kane gave Council an update with respect to process and current status of where we are with the interchange.

Members of Council participated in the discussion.

As the process unfolds, Mr. O'Kane will provide Council with timely updates about when the engineer has been hired, when we expect to have the traffic analysis and what potential impact that will have.

Council Member Rich requested Mr. O'Kane when he notifies Council of the schedule to also notify some of the leaders in the neighborhood associations.

Councilman Speck asked the City Manager about process if there is some way, with respect to this and some other public works projects which never seem to go away, that we can change the mechanism by which the public has input and which Council makes a decision so that there is a greater opportunity early on for the public to comment, so that Council is in a position to make a decision, and announce a decision, and not have things just constantly battering the Council all of the time?

City Manager Lawson spoke to the process of this particular project.

(c) Councilman Euille asked the City Manager about what programs the City has ongoing and/or if not, could the Manager come back to Council some time in the near future and apprise Council of some type of program that can encourage our employees to involve themselves in terms of a volunteer initiative.

(d) Councilman Cleveland thanked Registrar of Voters Beidler for placing the "VOTE HERE" signs early so that people know where they are supposed to vote in the upcoming election.

(e) Councilman Cleveland thanked the hundred of volunteers who participated in Christmas in April on Saturday.

(f) Vice Mayor Pepper congratulated the City Manager on receiving the Joan Fiske Bishop Award presented by ASPA.

(g) Council Member Walker announced that CSXT and Commonwealth Atlantic Properties will be finished moving tracks at Potomac Yard this week. The Virginia Railway Express will then be running on the track close to the Metro line.

(h) Council Member Walker commented about the negative campaigning that has taken place during this election period. She does not like it.

(i) Mayor Donley requested staff to prepare a resolution authorizing the formation of the Regional Partnership of Northern Virginia.

ORDINANCES AND RESOLUTIONS (continued)

25. Consideration of Request to Establish an Ad Hoc Committee to Review the Use of Public Rights-of-Way by Print Media in the Old and Historic Alexandria District. (Councilman Speck) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated April 9, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 4/29/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried on a unanimous ROLL-CALL vote, City Council: (1) adopted the proposed resolution which establishes a five-member ad hoc Old and Historic Alexandria District Newsrack Committee to: (a) study and identify with specificity the adverse impacts of newsracks in the Old and Historic Alexandria District; (b) examine alternative ways of eliminating or substantially reducing the impacts that are identified; (c) afford the public, Old Town merchants, affected industries and others the opportunity to comment in the Committee's process; (d) develop a record that reflects the Committee's efforts and contains its findings and conclusions; and (e) recommend to City Council a plan for the regulation of newsracks along the rights-of-way within the historic district by September 1; and (2) Include the following members on the ad hoc committee: 1 member of the Old and Historic Alexandria District Board of Architectural Review, 1 member of the Alexandria Planning Commission, 1 member of the Old Town Civic Association, 1 representative of a business located in the Old and Historic Alexandria District, and 1 member who is a signatory to the 1994 voluntary agreement between the City of Alexandria and 18 newspapers and newspaper distributors. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1824

WHEREAS, residents of Alexandria, members of the Board of Architectural Review, and members of City Council have expressed concern over the proliferation of Newsracks within the Old and Historic Alexandria District; and

WHEREAS, the City Council finds and determines that it is appropriate to establish an ad hoc committee to: (i) study and identify with specificity the adverse impacts of Newsracks on the Old and Historic Alexandria District; (ii) examine the alternative ways of eliminating or substantially reducing the impacts that are identified; (iii) provide for the public Old Town merchants, affected industries and others the opportunity for input and comment in the task force's processes; (iv) develop a record that reflects the Committee's efforts and contains its findings and conclusions; and (v) recommend to City Council a plan to regulate or otherwise abate the adverse impacts of Newsracks identified by the task force;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

Section 1. Creation, Composition and Organization

(a) There is hereby established an ad hoc advisory body known as the Old and Historic Alexandria District Newsrack Committee.

(b) The Committee shall consist of five members to be appointed by the City Council. The composition of the task force shall be as follows:

(1) one member from the Alexandria Planning Commission;
(2) one member from the Old and Historic Alexandria District Board of Architectural Review;
(3) one member from the Old Town Civic Association;
(4) one representative of a business located in the Old and Historic Alexandria District; and
(5) one member who is a signatory to the 1994 voluntary agreement between the City of Alexandria and 18 newspapers and newspaper distributors.

(c) The term of the task force shall be six months.

(d) Members of the Committee shall be appointed in the manner proscribed in Title 2, Chapter 4, Article A of the City Code; provided, that a member who is the representative of an organization shall be nominated by the organization and confirmed by City Council. The members appointed shall serve until the expiration of the term of the ad hoc committee; provided, that a member who is the representative of an organization shall cease to be a member at such time that such member ceases to be a member in good standing of the organization for which such member serves as representative, and that any vacancies shall be filled for the remainder of the term of the ad hoc committee.

Section 2. Functions; Powers and Duties

(a) The functions of the ad hoc committee shall be as follows:

(1) Study and identify with specificity the adverse impacts, if any, of Newsracks on the Old and Historic Alexandria District.

(2) Examine the alternative ways of eliminating or substantially reducing any impacts that are identified;

(3) Afford the public, Old Town merchants, affected industries and others the opportunity for input and comment in the committee's process.

(4) Develop a record that reflects the committee's efforts and contains its findings and conclusions.

(5) Recommend to Council a plan for regulation of Newsracks along the rights-of-way within the Old and Historic Alexandria District.

(b) The committee is empowered to adopt rules and regulations in regard to procedure and other matters so long as same are not inconsistent with the City Code including, but not limited to, the establishment of committees to which it may carry on its functions and purposes.

(c) The Mayor shall appoint from among the members a convener of the commission, who shall serve as chair pro tem until such time as a committee chair shall be elected by the committee.

(d) The City Manager shall appoint such staff to provide administrative and logistical support to the committee as the Manager shall deem necessary and appropriate, subject to the availability of funds and staff.
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OTHER

26. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated April 25, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 4/29/97, and is incorporated herewith as part of this record by reference.)

There was a discussion on the request of the Alexandria Public Records Advisory Commission. It was decided that Council will have a brief tour of the Records Center.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the Council Calendar and added (1) the Alexandria Commission on Persons with Disabilities reception and presentation of the Gerry Bertier Scholarships, the Community Organization Grants, and the John Duty Collins Outstanding Advocate Award at 7:00 p.m. before the Tuesday, June 10 Council Meeting; and (2) scheduled a brief tour of the Archives and Record Center on May 29, at 7:30 p.m. The voting was as follows:

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


CONTESTED APPOINTMENTS

27. Alexandria Archaeological Commission
1 Member-at-Large

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

NAME ENDORSED BY:

Katherine Ellsworth

Steven Mead
* * * * *

(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; 4/29/97, 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 Katherine Ellsworth as a Member-at-Large to the Alexandria Archaeological Commission. The voting was as follows:

Donley - Mead
Pepper - Ellsworth
Cleveland - Ellsworth
Euille - Ellsworth
Rich - Ellsworth
Speck - Ellsworth
Walker - Ellsworth
* * * * *

28. Alexandria Human Rights Commission
2 Citizen Members

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

NAME ENDORSED BY:

Jolynne Flores

John Heaphy

Fred Jacob

Lawrence Stack
* * * * *



(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. 28; 4/29/97, 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: City Council appointed Jolynne Flores and John Heaphy as Citizen Members to the Alexandria Human Rights Commission. The voting was as follows:

Donley - Flores, Heaphy
Pepper - Flores, Heaphy
Cleveland - Flores, Stack
Euille - Flores, Stack
Rich - Flores, Heaphy
Speck - Flores, Stack
Walker - Flores, Heaphy
* * * * *

29. Alexandria Landlord-Tenant Relations Board
1 Landlord or Representative of a Landlord

(The following person volunteered and was recommended for appointment to the above Board:)

NAME ENDORSED BY:

Cynthia Clare* Landlord-Tenant Relations Board

*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; 4/29/97, 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 Cynthia Clare as a Landlord or Representative of a Landlord to the Alexandria Landlord-Tenant Relations Board. The voting was as follows:

Donley - Clare
Pepper - Clare
Cleveland - Clare
Euille - Clare
Rich - Clare
Speck - Clare
Walker - Clare
* * * * *





30. Alexandria Task Force on AIDS
1 Representative From the Alexandria Chapter of the American Red Cross

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

NAME ENDORSED BY:

Walston Barbour* Alexandria Chapter, American Red Cross

*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. 30; 4/29/97, 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 Walston Barbour as a Representative From the Alexandria Chapter of the American Red Cross to the Alexandria Task Force on AIDS. The voting was as follows:

Donley - Barbour
Pepper - Barbour
Cleveland - Barbour
Euille - Barbour
Rich - Barbour
Speck - Barbour
Walker - Barbour
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EXECUTIVE SESSION

31. Convening of an Executive Session for the Purpose of Consulting with Legal Counsel Pertaining to Pending Litigation Involving the City and Receiving Legal Advice Concerning a Specific Legal Matter, Pursuant to Virginia Code § 2.1-344(A)(7), and for the Purpose of Discussing the Acquisition or Use of Real Property for Public Purposes, Pursuant to Virginia Code § 2.1-344(A)(3).

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 9:10 p.m., City Council convened an executive session at this time for the purpose of discussing the condition, acquisition or use of real property for public purpose, pursuant to Virginia Code § 2.1-344(A)(3); and consulting with and receiving a briefing from legal counsel pertaining to other specific legal matters requiring the provision of legal advice by counsel, pursuant to Virginia Code § 2.1-344(A)(7). The voting was as follows:



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

THEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a vote of 5-to-0, at 9:45 p.m., City Council reconvened the meeting. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 5-to-0, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

Speck "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley out of room Rich out of room

Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1825

WHEREAS, on this 29th day of April, 1997, the Alexandria City Council did recess 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 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.
* * * * *

THEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a vote of 4-to-1, City Council authorized the City Attorney to communicate to Barbara Beach Council's decision to waive conflict of interest that arises from her prior employment with the City. The voting was as follows:

Walker "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley out of room Rich out of room
Speck "no"


THERE BEING NO FURTHER BUSINESS TO BE DISCUSSED, upon motion by Councilman Euille, seconded by Council Member Walker and carried on a vote of 5-to-0, at 9:48 p.m., the Special Meeting of April 29, 1997 [in lieu of the Regular Meeting of April 22, 1997], was adjourned. The voting was as follows:

Euille "aye" Pepper "aye"
Walker "aye" Cleveland "aye"
Donley out of room Rich out of room
Speck "aye"
* * * * *

APPROVED BY:




__________________________________________
KERRY J. DONLEY 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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Public Notice

There was a City Council Work Session on the Proposed Budget on Wednesday, April 30, 1997, at 7:00 p.m., in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.

Individuals with disabilities who require assistance or special arrangements to attend the City Council Work Session 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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