Meeting Minutes for Regular Meeting (06/24/1997)

Regular Meeting
Tuesday, June 24, 1997 - - 7:30 p.m.

* * * * *

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; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Mr. Caton, Legislative Director; Fire Chief Hawkins; Sheriff Dunning; Mr. McMahon, Deputy Director of General Services; Ms. Gattsek, Acting Special Assistant to the City Manager; Police Chief Samarra; Ms. Steele, Deputy City Manager; Ms. Davis, Director of Housing; Ms. Chis, Acting Director of Human Services; Mr. Robinson, Personnel Services Division Chief; Mr. Cole, Director of Information Technology Services; Ms. Farrell, Child Care Coordinator; Mr. Robinson, Director of Recreation, Parks and Cultural Activities; Mr. Powers, Director of Community Services; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; and Lieutenant Kaluta, Police Department.

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

* * * * *

At 6:00 p.m., City Council had a Work Session on the red light camera system, followed by an update on the Market Square Garage restoration project.

Legislative Director Caton gave an overview of the proposed red light camera pilot project. Police Chief Samarra provided Council with the selected intersections, and Assistant City Attorney McAndrews explained the red light citation process. Members of City Council and City Manager Lawson participated in the discussion.

Mayor Donley requested Mr. Caton to keep Council apprised of what is going to be done on some of the issues that were discussed, costs involved and a time schedule.

General Services Director Schott gave Council an overview of the Market Square Garage project. Desman Associates Senior Engineer Swantner, Transportation and Environmental Services Director O'Kane and Deputy Director of General Services McMahon participated in the discussion of this issue, as did Members of Council and the City Manager.

Mayor Donley requested that Council be kept apprised of the schedule, how Farmers' Market will be accommodated and how other Market Square activities will be coordinated during restoration.

The work sessions were concluded at 7:10 p.m.

(Material pertaining to the above work sessions is on file in the office of the City Clerk and Clerk of Council, and is incorporated herewith as part of the record.)

* * * * *

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 Donald H. Bowen, Pastor, Downtown Baptist Church.

3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the Minutes for the Regular Meeting of June 10, 1997. The voting was as follows:

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

4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, City Council received the report of the City Clerk dated June 17, 1997, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/24/97, and is incorporated herewith as part of this record by reference. The voting was as follows:

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

New Business Item No. 1: Councilman Euille presented a proclamation honoring Jerome "Buddie" Ford for his dedicated and loyal service to the City of Alexandria, and recognizing him by renaming the Ramsay Nature Center to the "JEROME 'BUDDIE' FORD NATURE CENTER." Mr. Ford passed away on Sunday, June 22, 1997.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of New Business Item No. 1; 6/24/97, and is incorporated herewith as part of this record by reference.)

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

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

5. Presentation of Proclamation Honoring Donald Mela for His Outstanding Service to the City and Citizens of Alexandria. (Councilman Speck, Mayor Donley, Vice Mayor Pepper, Council Member Rich, Council Member Walker)

(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; 6/24/97, and is incorporated herewith as part of this record by reference.)

Mayor Donley presented the proclamation.

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

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

Councilman Speck left the meeting at 7:55 p.m. He had cast his ballots for the pending appointments prior to his departure.

6. Presentation of Proclamation Recognizing The Reverend Donald H. Bowen Pastor, Downtown Baptist Church, Upon His Retirement After Thirty Years of Service to His Church and His Community. (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; 6/24/97, and is incorporated herewith as part of this record by reference.)

Vice Mayor Pepper presented the proclamation.

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

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (7-21)

WITHOUT OBJECTION, City Council removed Docket Item Nos. 9 and 19 from the Consent Calendar.

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

(a) Alexandria Commission for Women
Melissa L. Robertson

(b) Alexandria Industrial Development Authority
Holly Weinstein-Bacal

(c) Alexandria Task Force on AIDS
Thomas Morrison

(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. 7(a-c); 6/24/97, and is incorporated herewith as part of this record by reference.)

8. Uncontested Appointments to Boards, Commissions and Committees:

(a) Ad Hoc City of Alexandria 250th Anniversary Commission
1 Member Designated by the Alexandria Youth Services Commission

1 Member Representing the Fine Arts

(b) Ad Hoc Old and Historic Alexandria District Newsrack Committee
1 Member From the Alexandria Board of Architectural Review - Old and Historic District

1 Representative of a Business Located in the Old and Historic District

(c) Alexandria-Caen Exchange Committee
1 Representative From the Arts With Expertise in Music

(d) Alexandria Board of Architectural Review - Parker-Gray District
1 Architect

(e) Alexandria Early Childhood Commission
1 Representative From the Alexandria Economic Opportunities Commission

(f) Alexandria Waterfront Committee
1 Representative From the Founders Park Community Association

1 Representative From the Pleasure Boat Lease Holders at the Alexandria Marina

(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. 8(a-f); 6/24/97, and is incorporated herewith as part of this record by reference.)

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

(A copy of the City Manager's memorandum dated June 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/24/97, and is incorporated herewith as part of this record by reference.)

11. Consideration of a Renewal of a Grant Contract with the Virginia Community Action Re-Entry System, Inc. (VA. CARES) for FY 1998 Continuation Funding.

(A copy of the City Manager's memorandum dated June 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/24/97, and is incorporated herewith as part of this record by reference.)

12. Consideration of a Renewal of a Grant Contract with Project Discovery for FY 1998 Continuation Funding.

(A copy of the City Manager's memorandum dated June 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/24/97, and is incorporated herewith as part of this record by reference.)

13. Consideration of the Criteria for the Deputy Sheriff IV Career Ladder.

(A copy of the City Manager's memorandum dated June 16, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/24/97, and is incorporated herewith as part of this record by reference.)

14. Consideration of the Career Ladder Special Pay Provisions for the Fire Department.

(A copy of the City Manager's memorandum dated June 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/24/97, and is incorporated herewith as part of this record by reference.)

15. Consideration of an Application to Renew the Local Law Enforcement Block Grant Program.

(A copy of the City Manager's memorandum dated June 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/24/97, and is incorporated herewith as part of this record by reference.)

16. Consideration of an Application for One-Time Special State Funds for the Purchase of Equipment to Augment a Portable Two-Way Videoconferencing System for the Court Services Unit.

(A copy of the City Manager's memorandum dated June 12, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/24/97, and is incorporated herewith as part of this record by reference.)

17. Consideration of Establishment of Two Community Integrated Service System (CISS) Grant-Funded Positions in the Alexandria Health Department to Support the Arlandria Health Center for Women and Children.

(A copy of the City Manager's memorandum dated June 5, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/24/97, and is incorporated herewith as part of this record by reference.)

18. Consideration of Federal HOME Program and Matching Fund Assistance to Sheltered Homes of Alexandria for the Rehabilitation of Two of its Existing Group Homes and the Related HOME Program Amendment.

(A copy of the City Manager's memorandum dated June 11, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/24/97, and is incorporated herewith as part of this record by reference.)

20. Consideration of a Grant Application to the Department of Education for Funding for the Alexandria Detention Center's Educational Unit.

(A copy of the City Manager's memorandum dated June 16, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 6/24/97, and is incorporated herewith as part of this record by reference.)

21. Consideration of Acceptance of the Donation of a Piano to the Department of Parks, Recreation and Cultural Activities.

(A copy of the City Manager's memorandum dated June 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/24/97, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 9 and 19, which were considered under separate motions. The City Manager's recommendations are as follows:

7. City Council received the resignations of (a) Melissa L. Robertson from the Alexandria Commission for Women; (b) Holly Weinstein-Bacal from the Alexandria Industrial Development Authority; and (c) Thomas Morrison from the Alexandria Task Force on AIDS, with regret, and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

8. City Council (a) reappointed David Sachs as a Member Designated by the Alexandria Youth Services Commission, and appointed Anne Edwards as a Member Representing the Fine Arts to the Ad Hoc City of Alexandria 250th Anniversary Commission; (b) appointed Thomas Hulfish as a Member from the Alexandria Board of Architectural Review - Old and Historic District, and Maria O'Leary as a Representative of a Business Located in the Old and Historic District to the Ad Hoc Old and Historic Alexandria District Newsrack Committee; (c) reappointed Ann Stephens as a Representative From the Arts with Expertise in Music to the Alexandria-Caen Exchange Committee; (d) appointed David Zuckerkandel as an Architect to the Alexandria Board of Architectural Review Parker-Gray District; (e) appointed Arthur Mosley as a Representative From the Alexandria Economic Opportunities Commission to the Alexandria Early Childhood Commission; and (f) appointed Charles Hamel as a Representative From the Founders Park Community Association, and reappointed Robert Roland as a Representative From the Pleasure Boat Lease Holders at the Alexandria Marina to the Alexandria Waterfront Committee.

10. City Council authorized the City Manager to (1) submit a grant application to the Virginia Department of Environmental Quality, Litter Prevention and Recycling Program, for funding in the approximate amount of $9,000 for the Adopt-a-Park Program (the exact amount to be determined by the Department of Environmental Quality by August 1, 1997); and (2) execute all necessary documents that may be required.

11. City Council (1) approved the renewal of a grant contract for continuation funding, in the amount of $38,765, from the Virginia Community Action Re-entry System, Inc. (VA CARES) for provision of services to ex-offenders in Alexandria in FY 1998; (2) approved the continuation of one full-time grant-funded position, a Community Services Specialist, to provide the direct services for the ongoing VA CARES program. Continuation of the position is contingent upon receipt of funding from VA CARES, Inc. or other non-City sources, and the employee has been informed of this condition of employment; (3) approved acceptance of a contribution of $3,120 from the Alexandria Adult Probation and Parole Office for continued support and sponsorship of the Ex-offender Support Group in the Department of Human Services (DHS) Office of Economic Opportunities (OEO); and (4) authorized the City Manager to execute all necessary documents. It was noted that there are no monies available in the City budget to continue this program once the grant funds are expended.

12. City Council (1) approved the renewal of the grant contract for FY 1998 continuation funding from Project Discovery, Inc., in the amount of $70,901 to operate the Project Discovery program in the DHS Office of Economic Opportunities; (2) approved the continuation of two full-time grant-funded positions, the Project Discovery Coordinator and Program Aide II, to administer the ongoing Project Discovery program. Continuation of these positions is contingent upon receipt of funding from Project Discovery, Inc., or other non-City sources, and the persons in these positions have been notified of this condition of employment; and (3) authorized the City Manager to execute all necessary documents. It was noted that there are no monies available in the City budget to continue the program once grant funds are expended.

13. City Council approved the criteria for promotion to the Deputy Sheriff IV level in the Office of Sheriff.

14. City Council approved the additional career ladder components for the Fire Department which include special pay for hazardous materials, technical rescue, and self-contained breathing apparatus specialty teams as discussed in the memorandum. The special duty pay requires maintaining the required training and certifications listed in Attachment I of the memorandum and would result in 3% in additional pay for the newly approved career ladder designations. This is the same amount provided for each of the levels in the Police and Sheriff career ladder programs.

15. City Council (1) approved submission of the grant application, in the amount of $186,198, of which 90 percent, or $167,578, will be federal funds, and 10 percent, or $18,620, will be provided from the FY 1998 Police Department operating budget for the required local match; (2) set the grant application for public hearing on September 13, 1997, to receive comments on the grant, as required by the Department of Justice; and (3) authorized the City Manager to execute any documents that may be required.

It should be noted that the grant application was due to the Virginia Department of Criminal Justice Services for review on June 20, and it was submitted for review, contingent upon Council's approval of the grant submission at its June 24 legislative session.

The federal grant application also requires that a local advisory board review the proposed grant program. As was done last fall, the Alexandria Community Criminal Justice Board will be asked to review and endorse the application and provide non-binding recommendations to City Council concerning the use of grant funds at its September 9, 1997 meeting. The Board endorsed the City's proposal last fall and we anticipate similar support this year.

Federal rules also require that a public hearing be held on the proposed use of the grant funds prior to the obligation of, but not the application for, the funds. To comply with this requirement, the grant submission will be set for public hearing on September 13.

16. City Council authorized the application for a $5,000 one-time special State grant from the State Department of Criminal Justice Services to purchase supporting equipment including a fax machine, a laptop computer and a 19" television monitor to augment a State-provided videoconference system for the Court Service Unit. There is no requirement for the City to provide a cash or in-kind match for these funds and it should be noted that there are no monies included in the City's budget to continue these activities once the grant funds are expended.

17. City Council approved the transfer of $71,363 in Community Integrated Service System (CISS) carry-over grant monies from the Virginia Department of Health (Alexandria Health Department) to the City to establish and fully fund one full-time public health nurse position and one part-time (up to 30 hours per week) public health nutritionist position in the Alexandria Health Department to support the Arlandria Health Center for Women and Children. These positions are required to provide bilingual case management services and nutrition follow-up for clients receiving services at the Arlandria Health Center.

These positions would terminate upon expiration of the grant. Any persons who fill these positions will be notified of this condition of employment.

18. City Council (1) approved a conditional grant of $80,100 in Federal Fiscal Year (FFY) 1995 Home Investment Partnerships (HOME) Program monies and the required $20,025 in matching General Fund monies for a total of $100,125 to Sheltered Homes of Alexandria for repairs and improvements to two existing group homes located at 3 West Linden Street and 4525 Peacock Avenue; (2) approved the amendment to the City's FFY 1995 HOME Program; and (3) authorized the City Manager, in the event these funds are not fully used at these two properties, to approve the use of any unused monies for identified repair or renovation needs for other existing group homes.

20. City Council (1) approved the submission of the grant application and authorized the establishment of one grant-funded, full-time position Program Coordinator position. The person would be working with the Office of Sheriff to provide services proposed under this grant proposal. This grant-funded position would terminate upon the expiration of the grant and the individual who is to fill this position would be notified of this condition of employment; and (2) authorized the City Manager to execute all documents that may be required.

It should be noted that staff received notice of this grant availability on May 16, and the grant application was due on June 2, 1997. Staff submitted the grant application, contingent upon City Council's approval at its June 24 legislative session.

21. City Council accepted the donation of a piano from Mr. Paslawski, and thanked him for his generous donation to the citizens of Alexandria.

END OF CONSENT CALENDAR

The voting was as follows:

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

9. Consideration of a Contract Between the City of Alexandria and the Northern Virginia Planning District Commission Related to the Northern Virginia Single Family Regional Loan Fund.

(A copy of the City Manager's memorandum dated June 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/24/97, and is incorporated herewith as part of this record by reference.)

Mayor Donley posed questions to Housing Director Davis. Staff was requested to provide Council with periodic updates with how this worked with the three households. Mayor Donley also requested staff to get more information from VHDA regarding the freeing up of these kinds of dollars for this program.

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, City Council (1) approved the City's participation in the Northern Virginia Single Family Regional Loan Fund; and (2) authorized the City Manager to execute the agreement and all other necessary documents. The voting was as follows:

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

19. Receipt of the Monthly Financial Report for the Period Ending May 31, 1997.

(A copy of the City Manager's memorandum dated June 17, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/24/97, and is incorporated herewith as part of this record by reference.)

Councilman Cleveland spoke to the increased amount received in personal property tax.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council (1) received the Financial Report for the period ending May 31, 1997; (2) approved the use of $280,000 from the net proceeds from the sale of City-owned land for the Eisenhower Avenue Interchange and the widening of Braddock Road near Mt. Vernon Avenue for the construction of a left turn lane at Bellefonte Avenue and U.S. Route 1; (3) authorized the City Manager to issue a request for proposals and award contracts to the lowest responsive and responsible bidders to procure:

the professional services of a consultant to assist with establishing a transit store in the Landmark area, which will provide better access for residents living in the City's west end to purchase transit fare media and to receive transit and ridesharing information;

the professional services of a market survey research firm to assist with the implementation of a survey of City residents related to commuter needs, the results of which will be used to assist the Office of Transit Services and Programs in the design of transit and ridesharing services;

the professional services of a consultant in connection with the replacement of the City's existing payroll/personnel system with a Local Area Network (LAN) based client/server system; and

the professional services of a consultant to assist with the implementation of the Geographic Information System (GIS) Base Map;

(4) authorized the City Manager to award contracts:

for the replacement of the Courthouse roof; and

to provide architectural and design services for the renovation of Fire Station 54, located at 900 Second Street; and

(5) approved the requested capital project expenditures detailed in the Capital Improvement Program Planned Expenditures Summary (Attachment 4). The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

22. Consideration of Composition of New Fair Share Task Force and Receipt of Follow-up Information from the April 12 Public Hearing on Council Member Rich's Proposal for Strict Enforcement of Fair Share. (Council Member Rich)

(A copy of the City Manager's memorandum dated June 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/24/97, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 22; 6/24/97, and is incorporated herewith as part of this record by reference.)

Council Member Rich spoke to this item.

Members of City Council and City Manager Lawson participated in the discussion on this item.

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, City Council (1) approved, as amended, the establishment of a Fair Share Task Force to be composed as listed on page 2 of the report, and by increasing the membership to a total of 14, with one additional Non-profit Housing Provider (non-ARHA), for a total of 3, and requested the Executive Secretary for Boards and Commissions to advertise the positions in August and docket the appointments for the first meeting in September; and (2) received the follow-up information contained in this memorandum. The voting was as follows:

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

23. Consideration of Request to Permit an Exception to the Major Events Policy to Allow the Addition of Venues East of Washington Street for First Night Alexandria, a Non-Alcoholic New Year's Eve Celebration.

(A copy of the City Manager's memorandum dated June 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/24/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council permitted an exception to the Major Events Policy to allow for the addition of First Night Alexandria venues at Crestar Bank at 515 King Street; the first floor of the Alexandria Courthouse at 520 King Street; Gadsby's Tavern Museum at 134 North Royal Street; and Market Square at 301 King Street, each of which is located east of Washington Street. The voting was as follows:

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

24. Consideration of the Early Childhood Commission and Commission Review Committee Recommendations for the Use of FY 1998 Children's Fund Monies.

(A copy of the City Manager's memorandum dated June 12, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/24/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, City Council approved the following recommendations for the use of the Children's Fund: (1) a $50,000 set-aside to partially fund the costs of child care for families in the Virginia Preschool Initiative as a portion of the local match required to draw down $110,160 in State funds; (2) a $51,710 set-aside to fund a training and scholarship budget for family child care providers and center-based child care programs that serve at-risk children; and (3) the remaining $530,290 be designated to fund eight projects that provide high quality child care services and comprehensive services, such as child abuse prevention, family support, speech and language services, support services to teen mothers, prenatal services to high risk pregnant women and psychological services to at-risk preschool age children, detailed in Attachment 3 to the memorandum; and (4) a policy for unexpended funds be approved that states: "If any funds are unexpended from the Children's Fund programs in FY 1997 or FY 1998, due to the inability of a project to achieve a local match or due to position vacancies, for example, those funds shall be reallocated to the crisis aid child care fund or the child day care subsidy program." The voting was as follows:

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

25. Consideration of the Establishment of a Task Force to Develop the Process to Set Priorities for the Human Services Contributory Budget Process for FY 1999.

(A copy of the City Manager's memorandum dated June 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/24/97, and is incorporated herewith as part of this record by reference.

A copy of a June 24, 1997 fax, from the Alexandria Volunteer Bureau, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 6/24/97, and is incorporated herewith as part of this record by reference.)

Council Member Rich made comments.

WITHOUT OBJECTION, Elsie Mosqueda, 900 Pendleton Street, representing HO HO HO, expressed concern about the selection process for members of the Task Force. She was concerned about inclusiveness, fairness and equity and requested that Council defer action until there is an equitable and fair solution.

Mayor Donley requested that the Task Force go out of its way to make sure that the other non-profits are notified, involved and engaged in this whole process.

WITHOUT OBJECTION, Glenn Hopkins spoke to the process and assured Council that the other non-profits would be notified, involved and engaged in the whole process.

Members of City Council and Deputy City Manager Steele participated in the discussion of this item.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Euille and carried on a vote of 4-to-2, City Council (A) adopted the recommendations of the Human Services Committee to: (1) affirm the change to the human services contributory budget process adopted by City Council on February 22, 1997, effective for the FY 1999 budget cycle; (2) extend contributory funding for the existing FY 1998 Human Services contributions agencies for a three-month period, from July 1, 1998 through September 30, 1998, as part of a first-year transition period prior to the competitive request for grant proposal budget process, which is recommended to follow an October 1 to September 30 grant award period; (3) requested that the City Manager convene an 18-member ad hoc Task Force on City contributions to non-profit human services agencies, with the recommended membership as discussed on page 3 of the memorandum; and (4) requested that the ad hoc Task Force meet over the summer and return to City Council with a report to be docketed for City Council consideration at the first legislative meeting in October, including recommendations on the ten issues discussed on page 4 of the memorandum; and (B) approved the funding timetable for the City's contributions to non-profit human services agencies (Attachment 1 to the memorandum). The voting was as follows:

Rich "aye" Pepper "no"
Euille "aye" Cleveland "aye"
Donley "aye" Speck left meeting
Walker "no"

26. Consideration of Restoration of Funding for Camp Cora Kelly.

(A copy of the City Manager's memorandum dated June 17, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/24/97, and is incorporated herewith as part of this record by reference.)

Council Member Rich stated that the fee schedule needs to be reviewed.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Euille and carried on a vote of 6-to-0, City Council approved the transfer of $24,500 from the Contingent Reserves Account to the Department of Recreation, Parks and Cultural Activities' budget to restore funding for Camp Cora Kelly operations. The voting was as follows:

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

27. Consideration of Loan of Home Investment Partnerships (HOME) Program Funds to the Alexandria Redevelopment and Housing Authority (ARHA).

(A copy of the City Manager's memorandum dated June 9, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/24/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council (1) approved a no-interest deferred-payment loan of $330,000 under the HOME Program's HOME Preservation Program to the Alexandria Redevelopment and Housing Authority (ARHA), for site work and renovation of the Hopkins-Tancil Community to be provided from the following sources:

	HOME	Required Match	Additional Monies	TOTAL
HOME Preservation	$159,900			$159,900
HOME Administration	$ 87,960			$ 87,960
Rental Rehabilitation Program Income		$ 35,303		$ 35,303
General Fund	_________	$ 26,662	$ 20,175	$ 46,837
TOTAL	$247,860	$ 61,965	$ 20,175	$330,000

(2) required that the loan be repaid by ARHA no later than 30 days following the date ARHA receives sufficient proceeds from its next redevelopment project which exceed the development and operating cost of required replacement housing, all other necessary expenses connected with the redevelopment, and the amount needed to repay the 1992 City loan of $275,590 (of which $273,309 has been disbursed to date) and 1996 City loan of $500,000 (of which no funds have been distributed to date), or sooner if financially feasible. ARHA will also provide to the City each year, on the anniversary date of the loan, an assessment of its ability to repay the loan; (3) authorized the City Manager to execute all relevant documents in relation to this loan; and (4) approved the transfer of HOME monies from HOME Administration to HOME Preservation, and the designation of an additional $42,165 in Office of Housing General Fund monies to be used for the activity. The voting was as follows:

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

28. Consideration of Expanding the Potomac West Business Assistance Loan Program to Include the Ethiopian Community Development Council's Small Business Administration-Funded Micro Loan Program, and Allocating an Additional $24,528 in Community Development Block Grant Monies for that Purpose. (Councilman Euille and Council Member Walker)

(A copy of Councilman Euille's and Council Member Walker's memorandum dated June 16, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/24/97, and is incorporated herewith as part of this record by reference.)

Council Member Walker and Councilman Euille spoke to this item.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council (1) approved the expansion of the Potomac West Business Assistance Loan Program to include a Small Business Administration microenterprise loan component administered by the Ethiopian Community Development Council (ECDC); (2) allocated $24,528 in Community Development Block Grant (CDBG) monies to the Ethiopian Community Development Council to serve as a required $20,250 loan loss reserve fund and $4,278 in associated administrative costs to leverage $135,000 in federal Small Business Administration loan funds that will be reserved for loans to Alexandria businesses; and (3) approved a budget transfer of $24,528 from the CDBG Home Rehabilitation Loan Program to the Potomac West Business Assistance Loan Program for this purpose. The voting was as follows:

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

29. Consideration of a Ten-Year Lease Agreement Between the City and George Spicer for the Property Located at 18-20 Roth Street.

(A copy of the City Manager's memorandum dated June 20, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/24/97, and is incorporated herewith as part of this record by reference.)

Staff to report back in the fall with suggested use(s) of 115 North Patrick Street since the City owns it.

WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried on a vote of 5-to-1, City Council approved a ten-year lease from October 1, 1997 to September 30, 2007, for 11,000 square feet at 18-20 Roth Street; and authorized the City Manager to execute the lease. The lease terms include a base rent of $156,000 a year for ten years for a total $1,560,000. In addition, beginning in the fifth year, there will be a rental adjustment of up to 4 percent annually. Assuming a 4 percent annual increase beginning in the fifth year, the total lease payment over the ten-year period would be approximately $1.7 million. The voting was as follows:

Rich "aye" Pepper "aye"
Walker "aye" Cleveland "no"
Donley "aye" Rich "aye"
Speck left meeting

30. Receipt of the Report of the Ad Hoc Towing Advisory Board.

(A copy of the City Manager's memorandum dated June 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/24/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council (1) received the report of the Ad Hoc Towing Services Contract Advisory Board; (2) accepted the recommendations of the report summarized as follows: (i) The City's towing contract should require certification of light duty operators within 6 months of contract execution; (ii) The contract specifications for routine towing services and specialized towing services should be simplified; (iii) The City should not impose additional regulations on the private towing industry beyond those specified in the City Code; and (iv) The City's contract would describe equipment needs for towing services as determined by City staff; (3) thanked the Board members for their service; and (4) authorized the City Manager to issue a new bid for towing services. The voting was as follows:

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

31. Consideration of an Agreement Between the City of Alexandria and the Owner of the Underground Parcel of Land that is Bounded by Thompson's Alley and North Lee, Queen and North Union Streets, Providing for the Owner to Construct an Underground Parking Garage, Consisting of 173-175 Spaces, within Such Parcel, and for the City, Following Construction of the Garage, to Acquire the Garage and Title to the Parcel.

(A copy of the City Attorney's memorandum dated June 23, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/24/97, and is incorporated herewith as part of this record by reference.

A copy of the agreement placed before the City Council tonight is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 31; 6/24/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council (1) approved the agreement that was placed before Council tonight with the check in the upper right corner; (2) authorized the City Manager and the City Attorney, prior to the execution of the agreement, to make editorial, stylistic and minor substantive revisions to the agreement that are consistent with its basic terms and conditions, as summarized in the City Attorney's memorandum; and (3) authorized the City Manager, on behalf of the City, to execute the final agreement and to undertake whatever other actions are necessary or desirable to implement the agreement. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY ATTORNEY

32. Consideration of an Amendment to the City Council Special Regulation on Administrative Aides to Provide for City Council Oversight of the Provisions of the Regulation that Address Political Campaign Activities by Administrative Aides.

(A copy of the City Attorney's memorandum, together with the suggested amendment, dated June 18, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/24/97, and is incorporated herewith as part of this record by reference.

A copy of a verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 32; 6/24/97, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Euille and carried on a vote of 4-to-2, City Council approved the proposed amendment to the special regulation which governs the appointment and service of Council Aides. The voting was as follows:

Pepper "aye" Cleveland "no"
Euille "aye" Rich "no"
Donley "aye" Speck left meeting
Walker "aye"

33. Consideration of a Memorandum from the City Attorney Regarding the Recodification of the City Code.

(A copy of the City Attorney's memorandum dated June 18, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/24/97, and is incorporated herewith as part of this record by reference.)

City Attorney Sunderland spoke to the process for recodification of the City Code.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council authorized the City Attorney to move forward with recodification of the City Code. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

Planning Commission

34. SPECIAL USE PERMIT #97-0017 -- 2838 DUKE STREET -- DUKE STREET MOBIL -- Consideration of a review of a special use permit for an automobile service station; zoned CG/Commercial General. Applicant: Essam Danfora; Duke Street Mobil. (#23 5/17/97; #13 4/12/97)

COMMISSION ACTION: Recommend Revocation 6-0

(A copy of the Planning Commission report dated April 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/24/97, and is incorporated herewith as part of this record by reference.)

Transportation and Environmental Services Director O'Kane spoke to this.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council overturned the decision of the Planning Commission and approved the special use permit, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Vice Mayor Pepper spoke to President Clinton's speech at the U.S. Conference of Mayors' Conference with respect to the housing program for police
officers and low-income families. She requested staff to look into this program, as well as the others that were mentioned in The President's speech.

Mayor Donley gave a brief overview of the speech.

(b) Vice Mayor Pepper requested staff to look into Bill Gates' 200 million dollar grant program for libraries to see if the City could qualify for some of these funds.

(c) Councilman Cleveland congratulated Transportation and Environmental Services for removing the graffiti under the Duke Street Bridge at Carlyle.

(d) Council Member Rich spoke to Council's action on the First Baptist Church parking lot specifically with respect to the waiver of the Chesapeake Bay provisions regarding the bridge whether it's a one-lane or two-lane bridge. He received no Council support for reconsidering Council's action taken on Saturday, June 14.

WITHOUT OBJECTION, City Council permitted Lisa Miller, 61 East Taylor Run Parkway, to address this issue. Ms. Miller requested Council to suspend the special use permit until the Master Plan is approved.

Council took no additional action with respect to the First Baptist Church special use permit or waiver of the Chesapeake Bay Protection Act.

(e) Mayor Donley announced that Councilman Speck was present earlier this evening to cast his votes for the pending appointments. He left the meeting to be with his wife, Marcia, who is recuperating at home. Council wished her good luck and hopes she will be feeling better soon.

(f) Councilman Euille announced that this Saturday, June 28, from 10:00 a.m. to noon, at the Charles Houston Recreation Center, Councilman Cleveland and he, in conjunction with the local NAACP Chapter, will be holding its first 1997 seminar of the Community Political Leadership Institute. All citizens are invited to attend.

(g) Vice Mayor Pepper announced that Ben Brenman was out of Intensive Care and holding his own.

ORDINANCES AND RESOLUTIONS

35. Public Hearing, Second Reading and Final Passage of AN ORDINANCE authorizing and empowering the issuance, sale and delivery of bonds not to exceed $45 million to finance various public improvements. (#32 6/10/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 5, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/24/97, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

The following person participated in the public hearing on this item:

John Chapman Gager spoke.

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3943

AN ORDINANCE authorizing and empowering the issuance, sale and delivery by the City of Alexandria, Virginia (the "City"), pursuant to Chapter 5.1, Title 15.1 of the Code of Virginia (the "Public Finance Act of 1991"), of bonds in aggregate principal amount not to exceed Forty-Five Million Dollars ($45,000,000); the proceeds of such bonds to be disbursed for the public purpose of providing funds to finance various capital improvement projects, described in the City's capital improvement budget, including construction, renovation and equipping of public buildings and school buildings; acquisition, installation, replacement and upgrade of traffic signal equipment; contribution to the Washington Metropolitan Area Transit Authority for bus and rail capital improvement costs; construction of other public improvements; acquisition of necessary or desirable equipment and interests in land; showing compliance with the limitations on the power of the City to incur indebtedness; electing to issue such bonds pursuant to the Public Finance Act of 1991; determining the method for the sale of such bonds; providing for the form of such bonds; authorizing the City Manager of the City to determine certain details with respect to the sale thereof; providing for the levy and collection of all taxes, charges and assessments necessary for the payment of the principal of and interest on such bonds when due; pledging of the full faith and credit of the City to the payment of the bonds issued hereunder and the interest thereon, when due; covenanting that the proceeds will not be used in a manner to cause such bonds to be arbitrage bonds; providing generally for various matters relating to the authorization, issuance, sale and delivery of such bonds.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. Chapter 5.1 of Title 15.1 of the Code of Virginia (the "Public Finance Act of 1991") provides that a governing body may elect to issue bonds; under the Public Finance Act of 1991 or under its local charter. The City Council of Alexandria hereby elects to issue its Bonds (defined herein) under the Public Finance Act of 1991. The Bonds issued hereunder are hereby specifically issued under the provisions of the Public Finance Act of 1991 without regard to the requirements, restrictions or provisions contained in any charter or local or special act, except any referendum and debt limitations, applicable to the City of Alexandria.

The City Council hereby further finds and determines that it is necessary for the City to issue the Bonds in order to use a portion of the bond proceeds to finance all or a portion of the cost of the capital improvement projects, generally described in this section.

The following is a general description of the capital improvement projects to be financed with a portion of the proceeds of the Bonds and the estimated maximum costs thereof. Bond proceeds will fund only a portion of the total maximum costs.

General Project Description Estimated Maximum Cost

Schools $11,800,000
Construction of a new school
facility and acquisition of
necessary land and equipment;
remodeling and repairing of
existing school buildings and
acquisition of necessary
equipment (this project
includes the projects
contained in the capital
budget under "Schools").

Libraries $ 7,800,000
Construction of a new library
and acquisition of necessary
equipment, renovation of
existing libraries and
acquisition of necessary
equipment (this project
includes the projects
contained in the capital
budget under "Libraries").

City Parks and Buildings $ 7,000,000
Renovation and improvement of
existing City buildings and
park facilities and
acquisition of necessary
equipment (this project
includes the projects
contained in the capital

budget under "Recreation and
Parks" and "Public
Buildings").

Transportation $ 6,500,000
Installation, replacement and
upgrade of traffic signal
equipment, mass transit buses
and equipment, and payment of
the City's contribution to the
Washington Metropolitan Area
Transit Authority's bus and
rail capital improvement and
replacement costs for portions
of the transit system (this
project includes the projects
contained in the capital
budget under "Traffic
Improvements and Rapid
Transit").

Infrastructure $ 3,100,000
Construction and renovation of
the City's streets, bridges,
storm and sanitary sewers and
acquisition of the necessary
equipment (this project
includes projects contained in
the capital budget under
"Streets and Bridges" and
"Sewers").

Technology $ 8,800,000
Replacement of information
technology infrastructure and
development of information
technology infrastructure
improvements and acquisition
of necessary equipment (this
project includes projects
contained in the capital
budget under "Information
Technology Plan").

Total $45,000,000

Section 2. Acting pursuant to the authority of the Public Finance Act of 1991 and this Ordinance, the Bonds may be issued in an aggregate principal amount not to exceed $45,000,000 to pay a portion of the capital improvement projects described in Section 1 (the "Projects"). The issuance and sale of the "Consolidated Public Improvement General Obligation Bonds" of the City of Alexandria, Virginia, is hereby authorized in an aggregate principal amount not to exceed Forty-Five Million Dollars ($45,000,000) (the "Bonds"). The Bonds are issued for the purpose of financing the cost of a portion of the Projects.

The proceeds of the Bonds may be used (a) to pay all or any part of the cost of acquiring, constructing, reconstructing, improving, extending, enlarging and equipping any of the Projects, and (b) to pay any and all other costs permitted to be paid from the proceeds of such bonds under the Public Finance Act of 1991, including (without limitation) the costs of issuance of the Bonds.

Section 3. The Bonds hereby authorized shall be sold at public sale and for a price at, above, or below par, plus accrued interest to the date of delivery, as shall be determined in a resolution of the City Council.

Section 4. The Bonds shall be issuable as registered bonds without coupons in the denomination of five thousand dollars ($5,000) or any multiple thereof within the limits of specified maturities. The Bonds shall be dated and shall mature at such times as determined in a resolution of the City Council. The Bonds shall be subject to redemption or repurchase, shall be in the denomination or denominations, shall be numbered, shall be sold at such price or determined in a resolution of the City Council or by the City Manager if authorized by the City Council before their issuance. The Bonds may bear interest payable at such time or times and at such rate or rates as determined by a resolution of the City Council, or the City Manager if authorized by the City Council. Interest on the Bonds shall be payable by checks mailed by the Paying Agent therein named to the registered holder or holders of such bonds, or by other means as determined in a resolution of the City Council or by the City Manager if authorized by the City Council. The principal of the Bonds shall be payable at the principal office of the Paying Agent or some other place as agreed by the City Manager and the holder or holders of such bonds named in the Bonds.

Section 5. For the purpose of paying the principal of and premium, if any, and interest on the Bonds, the City shall levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premiums, if any, and interest on the Bonds and any other general obligation bonds of the City issued under the provisions of the Public Finance Act of 1991, to the extent other funds of the City are not lawfully available and appropriated for such purpose. The full faith and credit and unlimited taxing power of the City are hereby irrevocably pledged to the levy and collection of the taxes hereinabove prescribed as and when such taxes may become necessary in order to provide sufficient funds to meet the debt service requirements of the Bonds. The City hereby solemnly covenants with each of the holders of any of the Bonds to levy and collect the taxes hereinabove prescribed and to take all action as may be appropriate from time to time during the period that any of such bonds remain outstanding and unpaid to provide the funds necessary to make the principal and interest payments on such bonds.

Section 6. The aggregate principal amount of the Bonds authorized to be issued by this Ordinance will be within every debt limitation prescribed by the Constitution and Laws of the Commonwealth of Virginia.

Section 7. The City Council in a resolution, or the City Manager if authorized by the City Council, shall take the following actions and make the following commitments on behalf of the City:

(a) sell any series of the Bonds issued hereunder upon such terms as deemed to be favorable under the existing market conditions to a bank, investment banking firm or other financial institution as, in the judgment of the City Manager, offers to purchase such series of bonds on such terms;

(b) fix and determine, subject to the provisions of Section 5 hereof, the date of any such series of Bonds, the schedule of annual maturities or mandatory sinking fund redemptions of any such series, the amount of such series, the interest payment dates of any such series, the amounts and particular bonds of each Refunded Bonds to be refunded with the proceeds of any such series, the interest rate or rates to be paid by the City with respect to any such series, the date or dates when such refunding shall be effected, whether such series is to be issued in book-entry form and all matters incident to the issuance of such series in book-entry form;

(c) determine whether the principal of the Bonds shall be paid at maturity, at the earliest redemption date pertaining thereto, or at some later redemption date;

(d) appoint a bank having trust powers, or a trust company, as Paying Agent for any such series of bonds, notwithstanding the fact that such bank or trust company may have neither its principal office nor any branch office within the City or the Commonwealth of Virginia, if it is deemed to be appropriate, and appoint a similarly qualified bank or trust company as Alternative Paying Agent, such authority to include the power to agree with respect to the compensation of such Paying Agent and Alternate Paying Agency for the services to be rendered by them, and appoint one or more of such banks or trust companies as Bond Registrars and, if it is deemed to be appropriate, provide for the City to act as Paying Agent and Registrar;

(e) arrange for the preparation and distribution of an appropriate Official Statement with respect to the sale of any series of the Bonds hereby authorized;

(f) reserve to the City the option to redeem any such series of Bonds, in whole or in part, at such times and upon payment of such premiums, as may be determined to be in the best interest of the City; and

(g) take all actions in the manner and to the extent that the City Council or the City Manager, if authorized by the City Council, may deem necessary or appropriate to accomplish the purposes of this Ordinance.

Section 8. In the event that Bonds are issued hereunder with the expectation that interest on such bonds will be exempt from federal income taxation, the City hereby solemnly covenants with each of the holders of any such Bonds that it will not use, or suffer or permit to be used, the proceeds received from sale of the Bonds, or any moneys on deposit to the credit of any account of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Internal Revenue Code of 1986, as amended (the "internal Revenue Code"), and applicable regulations thereunder, which use would cause such bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code and the regulations thereunder. The City further solemnly covenants that it will comply with Section 148 of the Internal Revenue Code and the regulations thereunder which are applicable to the Bonds on the date of issuance of the Bonds and which may subsequently lawfully be made applicable to the Bonds. The City Manager and the Director of Finance of the City (the "Director of Finance") are hereby authorized and directed to prepare or cause to be prepared and to execute, respectively, any certification, opinion or other document which may be required to assure that the Bonds will not be deemed to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code and the regulations thereunder.

In the event that Bonds are issued hereunder with the expectation that interest on such Bonds will be exempt from federal income taxation, the City Manager may make such covenants or agreements in connection with the issuance of such Bonds as she shall deem advisable in order to assure the holders of such Bonds that interest thereon shall be and remain exempt from federal income taxation, and such covenants or agreements shall be binding on the City so long as the observance by the City of any such covenants or agreements is necessary in connection with the maintenance of the exemption from federal income taxation of the interest on such Bonds. The foregoing covenants and agreements may include such covenants or agreements on behalf of the City regarding compliance with the Internal Revenue Code as the City Manager shall deem advisable in order to assure the holders of such Bonds that the interest thereon shall be and remain exempt from federal income taxation, including (without limitation) covenants or agreements relating to the investment of Bond proceeds, the rebate of certain earnings resulting from such investment to the United States (or the payment of penalties in lieu thereof), limitations on the times within which, and the purposes for which, Bond proceeds may be expended, or the utilization of specified procedures for accounting for and segregating Bond proceeds. Any covenant or agreement made by the City Manager pursuant to this paragraph shall be set forth in or authorized in writing executed by the City Manager.

Section 9. The Bonds to be issued pursuant to the authority of this Ordinance shall be executed on behalf of the City by the facsimile signature of the Mayor of the City (the "Mayor"), and a facsimile of the seal of the City shall be imprinted thereon, attested by the facsimile signature of the City Clerk. Such Bonds shall be authenticated by the signature of an agent of the City. No bonds issued hereunder shall be valid for any purpose or constitute an obligation of the City unless so authenticated.

The Bonds shall be in the form set forth in Attachment A attached to and made a part of this Ordinance, and bonds issued substantially in compliance with such form, with appropriate insertions as therein indicated, when property executed and authenticated as described above, shall be deemed to constitute unconditional general obligations of the City, to the payment of which, in accordance with the terms thereof, its full faith and credit are pledged, and all the covenants and conditions contained in such Bonds shall be deemed to be binding upon the City in accordance therewith.

In case any official of the city, whose signature shall appear on any such Bonds, shall cease to be such official prior to the delivery of such Bonds, or in the case that any such official shall take office subsequent to the date of issue of any such Bonds, his signature, in either event, shall nevertheless be valid for the purposes herein intended.

There may be printed on each series of Bonds issued hereunder, the text of the applicable approving legal opinion with respect thereto, such text being duly certified by the facsimile signature of the Mayor.

Authority is hereby conferred on the Mayor and City Manager to fill in the blanks in such form with the required information, to insert applicable paragraphs as indicated and to make such additions, deletions, modifications, and substitutions in such form not inconsistent herewith, as may be necessary or desirable in the sale of the Bonds, including (without limitation) variations deemed appropriate by the Mayor and City Manager in the event such series is issued in book-entry form or with mandatory sinking fund payments.

Section 10. In order to reimburse certain expenditures made prior to the issuance of the Bonds and to comply with applicable provisions of the Internal Revenue Code and Section 1.103-18 of the Income Tax Regulations with the proceeds of a tax-exempt borrowing, it is necessary that the City or an official designated by the City declare the official intent of the City to make such a reimbursement of expenditures.

The City hereby authorizes the Director of Finance (the "Authorized Officer"), on behalf of the City, to declare the City's official intent to reimburse, with proceeds of the City's Bonds or other indebtedness, expenditures to be incurred in connection with the Projects. In exercising the foregoing authority, the Authorized Officer is hereby authorized generally to take such actions as may be appropriate to assure compliance by the City with applicable provisions of the Internal Revenue Code and Section 1.103-18 of the Income Tax Regulations regarding such declaration of intent.

The authority of the Authorized Officer to declare official intent as described above may be delegated in writing by the Authorized Officer to one or more designees.

The Authorized Officer or his designee shall establish procedures for recording and making available such declarations of intent for inspection by members of the general public at the main administrative offices of the City at 301 King Street, Alexandria, Virginia 22314, until the issuance of all Bonds or other indebtedness to which this Ordinance applies.

Section 11. The Director of Finance shall mail or cause to be mailed to the Virginia State Treasurer promptly after the issuance of the Bonds (i) a copy of any report concerning the issuance of the Bonds required to be filed with the United States Internal Revenue Service or (ii) such other reports as shall be prescribed by the State Treasurer.

Section 12. If any one or more of the provisions of this Ordinance, including any covenants or agreements provided herein on the part of the City to be performed, should be contrary to law, then such provision or provisions shall be null and void, and shall in no way affect the validity of the other provisions of this Ordinance or the Bonds.

Section 13. The City Council may by resolution authorize any actions that may be taken pursuant to the Public Finance Act of 1991 that it may deem appropriate or necessary to carry out the purposes of this Ordinance.

Section 14. That this Ordinance shall become effective upon the date and at the time of its final passage and shall not be subject to referendum.

KERRY J. DONLEY
Mayor

Introduction: 6/10/97
First Reading: 6/10/97
Publication: 6/11/97; 6/12/97; 6/17/97; 6/18/97; 6/19/97
Public Hearing: 6/24/97
Second Reading: 6/24/97
Final Passage: 6/24/97

* * * * *

Attachment A to Ordinance

(Form of Bond)

UNITED STATES OF AMERICA
Commonwealth of Virginia

No._____ $________

CITY OF ALEXANDRIA, VIRGINIA
Consolidated Public Improvement
General Obligation Bonds

Dated Date Maturity Date Interest Rate CUSIP

Registered Holder: Principal Amount_________ Dollars

City of Alexandria, Virginia, (the "City"), hereby acknowledges itself indebted for value received, and promises to pay to the registered holder shown above or his registered assigns or legal representatives, on the date specified above (unless this bond shall be redeemable, shall have been called for prior redemption and payment of the redemption price made or provided for), upon presentation and surrender of this bond at the principal corporate trust office of (Name of Bond Registrar), ______________, ________________ (the "Bond Registrar"), the principal shown above in any coin or currency which, at the time of payment, is legal tender for the payment of public and private debts and to pay to the registered owner hereof by check or draft, mailed to such registered owner at his address as it appears on the bond registration books kept by the Bond Registrar, interest on said principal sum at the rate per annum shown above until payment of such principal amount or until the prior redemption hereof, such interest being payable on ________________ and ___________ in each year, in like coin or currency, accounting from the most recent date to which interest has been paid or, if no interest has been paid, from the Dated Date is registered as such bond shown above. All interest due on this bond shall be payable to the registered owner in whose name this bond is registered as such bond registration books as of the close of business on the Regular Record Date for such interest payment, which shall be _________. Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the registered owner on such Regular Record Date, and may be paid to the person in whose name this bond is registered as of the close of business on a Special Record Date for the payment of such defaulted interest to be fixed by the Bond Registrar, notice whereof being given by letter mailed first class, postage prepaid, to the holders not less than 30 days prior to such Special Record Date, at the addresses of such holders appearing on the registration books kept by the Bond Registrar, or may be paid at any time in any other lawful manner
not inconsistent with the requirements of any securities exchange on which the bonds of this series may be listed and upon such notice as may be required by such exchange.

The full faith and credit and unlimited taxing power of the City are hereby unconditionally pledged to the payment of this bond and of the interest payable hereon according to its terms, and the City does hereby covenant and agree to pay punctually the principal of this bond and the interest hereon on the dates and in the manner mentioned herein, according to the true intent and meaning hereof.

It is hereby certified and recited that each and every act, condition and thing required to exist, to be done, to have happened, and to be performed precedent to and in the issuance of this bond, does exist, has been done, has happened and has been performed in full and strict compliance with the Constitution and laws of the Commonwealth of Virginia, and an ordinance of the City Council adopted on June _____, 1997, and that the issue of bonds, of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia and that due provision has been made for the levy and collection of an annual ad valorem tax or taxes upon all the legally assessable property within the corporate limits of the City in rate and amount sufficient to provide for the payment, when due, of the principal of and interest on this bond.

This bond shall not become obligatory for any purpose or be entitled to any benefit under the above-mentioned laws, or ordinance until authenticated by an authorized officer of the Bond Registrar.

This bond is one of a duly authorized issue of general obligation bonds of the City, designated CITY OF ALEXANDRIA, VIRGINIA Consolidated Public Improvement General Obligation Bonds, Series ____, all dated _______________, ____. Said bonds are issued pursuant to the authority of Chapter 5.1, Title 15.1 of the Code of Virginia, 1950, as amended, and an ordinance adopted by the City on June ____, 1997.

The bonds maturing in any one year are issuable in fully registered form in denominations of $5,000 or any integral multiple thereof, not exceeding the aggregate principal amount maturing in such year.

Said bonds mature and are payable on ________ and ________ in each of the years ____ to ____, inclusive, in the following amounts, and bear interest at the following rates per annum:

Maturity Principal Interest Maturity Principal Interest
Date Amount Rate Date Amount Rate

_____ $______ _____% ______ $______ ______%

_____ $______ _____% ______ $______ ______%

_____ $______ _____% ______ $______ ______%

[Insert the Following Redemption Provisions, If Applicable:]

The bonds of this issue maturing __________, ____, and thereafter, are subject to redemption prior to their respective maturities, at the option of the City, either as a whole at any time or in part in any order at the option of the City, on any interest payment date on or after ________________, ____, at the following redemption prices expressed as percentages of the principal amount of bonds to be redeemed plus accrued interest thereon to the date fixed for redemption:

Period During Which Redeemed (both dates inclusive)	Redemption Price
_______________ to ________________	_________
_______________ to ________________	_________
_______________ and thereafter	_________

If less than all of the bonds or any one maturity shall be called for redemption, the particular bonds or portions of bonds to be redeemed shall be selected by lot by the Bond Registrar. When less than all of a bond in a denomination in excess of $5,000 shall be so redeemed, then, upon the surrender of such bond, there shall be issued to the registered owner thereof, without charge, for the unredeemed balance of the principal amount of such bond, at the option of such owner, bonds in any of the authorized denominations, the aggregate face amount of such bonds not to exceed the unredeemed balance of the bond so surrendered, and to bear the same interest rate and to mature on the same date as said unredeemed balance.

If, in accordance with the foregoing option, the City elects to redeem all outstanding bonds, or less than all, it will give a redemption notice by letter mailed first class, postage prepaid, to the holders of such bonds at least thirty (30) days prior to the redemption date, at the addresses of such holders appearing on the registration books kept by the Bond Registrar; provided, however, that the failure to mail such notice or any defect in the notice so mailed or in the mailing thereof shall not affect the validity of the redemption proceedings relating to any other bonds. Said notice shall state whether said bonds are redeemed in whole or in part and, if in part, the maturities and numbers of the bonds called, shall state that the interest on the bonds so called shall cease to accrue on the date fixed for redemption, shall state the redemption date and the redemption price, and shall require that the bonds redeemed be then presented for redemption and payment at the principal office of the Bond Registrar. From and after the date fixed for redemption, if notice has been given as herein provided, and the funds sufficient for payment of the redemption price and accrued interest shall be available therefor on such date, the bonds so designated for redemption shall cease to bear interest. Upon presentation and surrender in compliance with said notice, the bonds so called for redemption shall be paid by the Bond Registrar at the redemption price. If not so paid on presentation thereof, said bonds so called shall continue to bear interest at the rates expressed therein until paid.

The City will act as Bond Registrar to open books for the registration and for the transfer of bonds. This bond will be transferable only upon said registration books kept at the offices of the Director of Finance of the City by the registered owner hereof in person, or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer in the form attached hereto and satisfactory to the Bond Registrar and duly executed by the registered owner or his duly authorized attorney.

This bond may be transferred or exchanged at the office of the Director of Finance of the City. Upon any such transfer or exchange, the City shall issue a new registered bond or bonds of any of the authorized denominations in an aggregate principal amount equal to the principal amount of the bonds exchanged or transferred, and maturing on the same date and bearing interest at the same rate. In each case, the Bond Registrar may require payment by the holders of this bond requesting exchange or transfer hereof of any tax, fee, or other governmental charge, shipping charges, and insurance that may be required to be paid with respect to such exchange or transfer, but otherwise no charge shall be made to the holder hereof for such exchange or transfer. The Bond Registrar shall not be required to transfer or exchange this bond after the mailing of notice calling this bond or portion hereof for redemption as hereinabove described; provided, however, that the foregoing limitation shall not apply to that portion of a bond in excess of $5,000 which is not being called for redemption.

IN WITNESS WHEREOF, the City Council of the City of Alexandria, Virginia, has caused this bond to be signed in its name by the manual or facsimile signature of its Mayor and by its corporate seal imprinted hereon (or by facsimile of the seal) attested by the manual or facsimile signature of the City Clerk, and has caused this bond to be signed by the manual or facsimile signature on its Director of Finance or authorized deputy, all as of the ___ day of_____________, ____.

(SEAL) CITY OF ALEXANDRIA, a municipal corporation of Virginia

By:_________________________
Mayor

ATTEST:

__________________________
City Clerk

Date of
Authentication:____________ By:_______________________________
Director of Finance or Authorized Deputy

* * * * *

36. Receipt of Viewers' Report for a request for vacation of public rights-of-way for construction of residential townhomes and underground parking structure for the site located at the corner of North Lee and Queen Streets, and North Union and Queen Streets; zoned CD/Commercial Downtown. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney. (#22 6/14/97)

(A copy of the Viewers' Report dated June 20, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/24/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council received the Viewers' Report. The voting was as follows:

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

37. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate two small portions of the public right-of-way at the corners of Queen and North Lee Streets and Queen and North Union Streets, in order to facilitate development of the property that is bounded by Thompson's Alley, North Lee Street, Queen Street and North Union Street. (#25 6/14/97) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3944

AN ORDINANCE to vacate two portions of the public right-of-way, each less than 25 square feet, one at the corner of Queen and North Lee Streets and the other at the corner of Queen and North Union Streets, in the City of Alexandria, Virginia.

WHEREAS, Queen Street, L.L.C., a Virginia limited liability company, owns the real property bounded by Thompson's Alley and North Lee, Queen and North Union Streets, in the City of Alexandria, Virginia, above a specified elevation, and Union Street, L.L.C., also a Virginia limited liability company, owns this property below the specified elevation;

WHEREAS, Queen Street, L.L.C., through applicant Lawrence N. Brandt, Inc., has applied for the vacation of two portions of public right-of-way, one consisting of a 21 square-foot triangular area at the corner of Queen and North Lee Streets, the other which consisting of an 18 square-foot triangular area at the corner of Queen and North Union Streets; and

WHEREAS, the portions of the public right-of-way to be vacated by this ordinance are shown on the plat prepared by Holland Engineering and dated March 17, 1997, ("Plat") (attached hereto); and

WHEREAS, the vacation of these portions of the public right-of-way has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and

WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto, the Council of the City of Alexandria has concluded that these portions of the public right-of-way are no longer needed for public use and that it is in the public interest that they be vacated; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the hereafter described portions of the public right-of-way, as shown on the Plat, be and the same hereby are vacated:

1. Beginning a point on the easterly line of North Lee street (50-feet wide) at its return to Queen Street (66-feet wide), also being the northwesterly corner of Tax Map Parcel 65.03-08-01; thence running with North Lee Street North 09 30'00" East, 9.88 feet to a point; thence departing said point and running with Queen Street South 81 10'00" East, 9.88 feet to a point of curvature; thence departing said point and running with the aforementioned Tax Map Parcel with the arc of a curve to the left whose radius is 10 feet and whose chord bearing and chord are South 54 10'00" West, 14.06 feet, respectively, with an arc length of 15.59 feet, to the point of beginning; containing 21 square feet or 0.00048 acres.

2. Beginning a point on the westerly line of North Union Street (50-feet wide) at its return to Queen Street (66-feet wide), also being the northeasterly corner of Tax Map Parcel 65.03-08-01; thence with the arc of a curve to the left and running with said Parcel whose radius is 10 feet and whose chord bearing and chord are North 36 44'10" West, 14.00 feet, respectively, with an arc length of 15.51 feet to a point; thence departing said point and running with Queen Street South 81 10'00" East, 9.38 feet to a point; thence departing said point and running with North Union Street South 05 12'22" West, 9.82 feet to the point of beginning; containing 18 square feet or 0.00042 acres.

Section 2. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacations, including the execution of documents.

Section 3. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 4. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Recordation of the certified ordinance shall be indexed in both the names of the CITY OF ALEXANDRIA, QUEEN STREET, L.L.C., and UNION STREET, L.L.C., and such recordation shall be done by the Applicant at its own expense.

KERRY J. DONLEY
Mayor

Attachment: Vacation Plat

Introduction: 6/14/97
First Reading: 6/14/97
Publication: 6/18/97; 6/19/97
Public Hearing 6/24/97
Second Reading: 6/24/97
Final Passage: 6/24/97

* * * * *

INSERT PLAT

38. Public Hearing, Second Reading and Final Passage of AN ORDINANCE authorizing the owner of the real property bounded by Thompson's Alley, North Lee Street, Queen Street and North Union Street, and the owner's successors, to establish and maintain several encroachments into the public right-of-way of North Lee, Queen and North Union Streets, in the City of Alexandria, Virginia. (#23 6/14/97) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3945

AN ORDINANCE authorizing the owner of the real property bounded by Thompson's Alley, North Lee Street, Queen Street and North Union Street, and the owner's successors in title, to establish and maintain several encroachments into the public rights-of-way of North Lee, Queen and North Union Streets, in the City of Alexandria, Virginia.

WHEREAS, Queen Street, L.L.C., a Virginia limited liability company, is the owner of the above-ground portion of the real property bounded by Thompson's Alley, North Lee Street, Queen Street and North Union Street, in the City of Alexandria, Virginia, and Union Street, L.L.C., also a Virginia limited liability company, is the owner of the below-ground portion of this property; and

WHEREAS, Queen Street, L.L.C., through applicant Lawrence N. Brandt Inc., desires to establish and maintain (1) steps which will encroach into the public right-of-way in the 200 block of North Lee Street, (2) two bay windows which will encroach into the public right-of-way in the 100 block of Queen Street, and (3) planters which will encroach into the public right-of-way at the 200 block of North Union Street; and

WHEREAS, Union Street, L.L.C., through applicant Lawrence N. Brandt Inc., desires to establish and maintain a stormwater management structure which will encroach into the public right-of-way beneath the corner of Queen and North Union Streets; and

WHEREAS, these encroachments are shown on the plat prepared by Holland Engineering and dated March 27, 1997, ("Plat"); and

WHEREAS, the above-referenced public rights-of-way will not be significantly impaired by these encroachments; and

WHEREAS, these encroachments have been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that these encroachments are not detrimental to the public interest; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Queen Street, L.L.C., and its successors in title (hereafter collectively the "Owner A") be, and the same hereby are, authorized to establish and maintain encroachments into the public right-of-way in the 200 block of North Lee Street, the 100 block of Queen Street and the 200 block of North Union Street, in the City of Alexandria, said encroachments consisting of: (i) a 16-foot wide, 87.75-foot long encroachment for steps abutting lots 1 through 5 in the 200 block of North Lee Street; (ii) a 2.5-foot wide, 33-foot long encroachment for bay windows abutting lots 10 and 11 in the 100 block of Queen Street; (iii) a 2.5-foot wide, 49.5-foot long encroachment for bay windows abutting lots 14 through 16 in the 100 block of Queen Street; and (iv) a 2.5-foot wide and 50-foot long encroachment for planters in the 200 block of North Union Street, all as shown on the Plat, until the encroachments are removed or destroyed or the authorization to maintain them is terminated by the city; provided, that this authorization to establish and maintain the encroachments shall not be construed to relieve Owner A of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That Union Street L.L.C., and its successors in title (hereafter collectively the "Owner B") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way beneath the corner of Queen and North Union Streets, necessary for the construction of a storm water management structure for the underground parking garage at this location, the size of such encroachment to be determined by the director of transportation and environmental services, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner B of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 3. That the authorization hereby granted by Section 1 to establish and maintain encroachments shall at all times be subject to the condition that a minimum 5-foot clear sidewalk shall be maintained at all times along on North Lee Street, Queen Street and North Union Street.

Section 4. That the authorization hereby granted by Section 1 and Section 2 to establish and maintain encroachments shall be subject to and conditioned upon Owner A and Owner B each maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate

Each liability insurance policy shall identify the City of Alexandria and the appropriate Owner as named insureds, and shall provide for the indemnification of the City of Alexandria and such Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachments. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachments shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner A or Owner B, as the case may be, shall, upon notice from the city, remove the encroachments from the public rights-of-way, or the city, at its option, may remove the encroachments at the expense and risk of the Owner. Nothing in this section shall relieve Owner A or Owner B of its obligations and undertakings required under this ordinance.

Section 5. That by accepting the authorization hereby granted by Section 1 and Section 2 granted to establish and maintain the encroachments and by so establishing and/or maintaining the encroachments, Owner A and Owner B shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachments.

Section 6. That the authorization herein granted by Section 1 to establish and maintain encroachments shall be subject to Owner A maintaining the area of the encroachments at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 7. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 8. That Owner A shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, Virginia, 1981, as amended.

Section 9. That the authorization herein granted by Section 1 and Section 2 to establish and maintain encroachments shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner A or Owner B the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished such Owner without cost to the city. If such Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of the Owner, and shall not be liable to Owners for any loss or damage to the structure of the encroachment caused by the removal.

Section 10. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 6/14/97
First Reading: 6/14/97
Publication: 6/18/97; 6/19/97
Public Hearing 6/24/97
Second Reading: 6/24/97
Final Passage: 6/24/97

* * * * *

39. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City Zoning Ordinance to allow bakeries of up to 10,000 square feet in several commercial zones within the City. (#4(b) 6/14/97) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3946

AN ORDINANCE to amend and reordain Section 2-173 (MANUFACTURING) under Section 2-100 (DEFINITIONS) of Article II (DEFINITIONS), Section 4-303 (SPECIAL USES) under Section 4-300 (CSL/COMMERCIAL SERVICE LOW ZONE), Section 4-403 (SPECIAL USES) under Section 4-400 (CG/COMMERCIAL GENERAL ZONE), Section 4-503 (SPECIAL USES) under Section 4-500 (CD/COMMERCIAL DOWNTOWN ZONE), Section 4-603 (SPECIAL USES) under Section 4-600 (CD-X/COMMERCIAL DOWNTOWN (OLD TOWN NORTH) ZONE), Section 4-703 (SPECIAL USES) under Section 4-700 (CR/COMMERCIAL REGIONAL ZONE), Section 4-803 (SPECIAL USES) under Section 4-800 (OC/OFFICE COMMERCIAL ZONE), Section 4-903 (SPECIAL USES) under Section 4-900 (OCM (50)/OFFICE COMMERCIAL MEDIUM (50) ZONE), Section 4-1003 (SPECIAL USES) under Section 4-1000 (OCM (100)/OFFICE COMMERCIAL MEDIUM (100) ZONE), Section 4-1103 (SPECIAL USES) under Section 4-1100 (OCH/OFFICE COMMERCIAL HIGH ZONE), all of Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES), and Section 5-103 (SPECIAL USES) under Section 5-100 (CRMU-L/COMMERCIAL RESIDENTIAL MIXED-USE (LOW) ZONE), Section 5-203 (SPECIAL USES) under Section 5-200 (CRMU-M/COMMERCIAL RESIDENTIAL MIXED-USE (MEDIUM) ZONE), Section 5-303 (SPECIAL USES) under Section 5-300 (CRMU-H/COMMERCIAL RESIDENTIAL MIXED-USE (HIGH) ZONE)), and Section 5-403 (SPECIAL USES) under Section 5-400 (CRMU-X/COMMERCIAL RESIDENTIAL MIXED-USE (OLD TOWN NORTH) ZONE), of Article V (MIXED-USE ZONES), all of the City of Alexandria Zoning Ordinance (TA #97-05).

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-173 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended and reordained to read as follows:

Sec. 2-173 Manufacturing. Assembly, processing, fabrication or manufacture of the following products:

Bakery goods, candy, ice cream and other food products, but not including the processing of sauerkraut, vinegar and yeast (other than in baked goods), the growing of mushrooms or the rendering of fats and oils;

Furniture, metal and wood;

Ice;

Metal and rubber stamps, stencils, badges, jewelry, toys and novelties;

Musical instruments;

Office equipment;

Photographic equipment, excluding film;

Pottery, figurines and other ceramic products using previously ground or treated minerals and earths;

Professional and scientific instruments;

Small appliances; and

Wood products, excluding products obtained by distillation.

Section 2. That Section 4-303, Section 4-403, Section 4-503, Section 4-603, Section 4-703, Section 4-803, Section 4-903, Section 4-1003, Section 4-1103, Section 5-103, Section 5-203, Section 5-303 and Section 5-403 of the City of Alexandria Zoning Ordinance, as amended, be, and the same hereby are, amended by adding thereto a new subsection, the appropriate subsection heading to be assigned by the city attorney in preparing the codification of this ordinance, to read as follows:

( ) Bakery exceeding 3,500 square feet which includes a retail component.

Section 3. That Section 2-173, Section 4-303, Section 4-404, Section 4-503, Section 4-603, Section 4-703, Section 4-803, Section 4-903, Section 4-1003, Section 4-1103, Section 5-103, Section 5-203, Section 5-303 and Section 5-403 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use, land development or submission approval provided for under the City of Alexandria Zoning Ordinance which are on such date pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.

KERRY J. DONLEY
Mayor

Introduction: 6/14/97
First Reading: 6/14/97
Publication: 6/18/97; 6/19/97
Public Hearing: 6/24/97
Second Reading: 6/24/97
Final Passage: 6/24/97

* * * * *

40. Consideration of the Balancing Resolution for the FY 1997 Operating Budget. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 6/24/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution which adjusts the various departmental accounts to projected final expenditure patterns and the Approved FY 1997 revenue estimates to final revenues, as projected in the City's Financial Report for the period ending May 31, 1997. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1835

WHEREAS, certain appropriation accounts of the City of Alexandria, Virginia, will be overexpended due to budgeting practices and unanticipated expenditures; and

WHEREAS, it is the desire of the City Council to take the action necessary to transfer budget authority among City departments to adjust these accounts:

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

That the Director of Finance be and hereby is authorized to make the following appropriations transfers between the General Fund accounts designated and to adjust the revenue estimates in the sums indicated:

TRANSFER APPROPRIATIONS FROM:

125450 Non-departmental - City legal expenses $150,000
103556 Non-departmental - Contingent reserves, DOT 200,000
103556 Non-departmental - Contingent reserves, Registrar 65,000
103556 Non-departmental - Contingent reserves, general 431,982

TRANSFER APPROPRIATIONS TO:

106104 City Attorney $325,000
103713 Transit Subsidies - DOT Paratransit 200,000
121004 Office of Historic Alexandria 93,482
107102 Registrar of Voters 65,000
117507 Mental Health/Mental Retardation/Substance Abuse 53,000
102103 18th Circuit Court 47,000
104109 Personnel 20,000
101386 Human Relations 12,500
105403 Other Planning and Economic Development (AEDP) 16,000
102202 General District Court 10,000
122101 Library 5,000

ADJUST REVENUE ESTIMATES TO REFLECT THE CURRENT PROJECTIONS AS NOTED IN THE CITY’S FINANCIAL REPORT FOR THE PERIOD ENDING MAY 31, 1997:

General Property Taxes
Real Property Taxes $1,844,000
Personal Property Taxes 3,516,000
Penalties and Interest 291,000

Other Local Taxes
Local Sales Taxes ($755,000)
Utility Taxes 138,000
Business License Taxes 719,000
Recordation Taxes 295,000
Transient Lodging Taxes 321,000
Tobacco Taxes 102,000
Restaurant Meals Taxes (51,000)
Other Local Taxes 94,000

Charges for Services $1,012,000

Other Governmental Revenues
Licenses, Permits and Fees $717,000
Fines and Forfeitures 521,000
Use of Money and Property 246,000 Intergovernmental Revenues 4,000
Other Miscellaneous Governmental Revenues (168,000)

* * * * *

41. Consideration of a Resolution Providing Local Governing Body Approval of $48 Million in Alexandria Redevelopment and Housing Authority (ARHA) Multifamily Housing Refunding Bonds for Lenox Club Apartments in Arlington County. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 18, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 6/24/97, and is incorporated herewith as part of this record by reference.

A copy of the Alexandria Redevelopment and Housing Authority letter dated June 24, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 41; 6/24/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried on a ROLL-CALL vote of 6-to-0, City Council (1) adopted, the resolution approving the Alexandria Redevelopment and Housing Authority (ARHA) issuance of $48 million in ARHA multifamily Refunding bonds to Lenox Club Limited Partnership for Lenox Club Apartments, a rental complex in Arlington County; and (2) authorized the Clerk of Council to complete the proposed Certificate of Resolution. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1836

WHEREAS, Lenox Club Limited Partnership, a Virginia limited partnership (the “Borrower”), has requested the Alexandria Redevelopment and Housing Authority (the “Issuer”), to undertake the refunding of certain outstanding bonds of the Issuer which were originally issued to finance the acquisition, construction and equipping of a 385-unit multi-family housing development located at 101 South 12th Street in Arlington County, Virginia, and occupied in part by low- or moderate-income persons or families (the “Project”), constituting a qualified residential rental project meeting the requirements of Section 142(d) of the Internal Revenue Code of 1986, as amended (the “Internal Revenue Code”), through the issuance of its revenue refunding bonds in an amount not to exceed $48,000,000 (the “Bonds”); and

WHEREAS, on June 7, 1997, the County Board of Arlington County, Virginia, took formal action to request that the Authority hold a public hearing and adopt an inducement resolution with respect to the issuance of the Bonds; and

WHEREAS, the Issuer has held a public hearing on the issue of the Bonds on June 23, 1997, in accordance with Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the “Virginia Code”), under the Industrial Development and Revenue Bond Act, Section 15.1-1373 et seq., of the Virginia Code (the “Act”), and in accordance with Section 147(f) of the Internal Revenue Code; and

WHEREAS, the Issuer has requested the City Council (the “City Council”) of the City of Alexandria, Virginia (the “City”), to approve the issuance of the Bonds to comply with Section 15.1-1378.1 of the Virginia Code under the Act and Section 147(f) of the Internal Revenue Code; and

WHEREAS, a copy of the Issuer’s June 23, 1997, resolution approving the issuance of the Bonds, a fiscal impact statement and a reasonably detailed summary of the comments made at the June 23, 1997, public hearing have been presented to the City Council;

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

1. The City Council hereby approves the issuance of the Bonds by the Issuer for the benefit of the Borrower, to the extent required by Section 15.1-1378.1 of the Virginia Code under the Act and to the extent required under Section 147(f) of the Internal Revenue Code.

2. This resolution shall take effect immediately upon its adoption.

ADOPTED: June 24, 1997

/s/KERRY J. DONLEY
MAYOR

ATTEST:

/s/Beverly I. Jett, CMC City Clerk

CERTIFICATE

The undersigned Clerk of the City Council of the City of Alexandria, Virginia (the “City Council”), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the members of the City Council present and voting at a meeting duly called and held on June 24, 1997, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof.

WITNESS the following signature this 24th day of June 1997.

/s/Beverly I. Jett, CMC
City Clerk

* * * * *

42. Consideration of a License Agreement Authorizing Metricom, L.L.C., a Delaware Limited Liability Company, to Place, and to Maintain for a Five-Year Period, up to 250 Radio Transmitters on Existing Street Light Poles Owned by Virginia Electric and Power Company and Located within the Public Rights-of-way of the City, to be Used by Metricom in the Delivery of Its Wireless Data Communication Service. [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated June 19, 1997, together with license agreement, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 42; 6/24/97, and is incorporated herewith as part of this record by reference.

A copy of the written acceptance of the agreement by Metricom dated July 22, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 42; 6/24/97, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the license agreement with Metricom, and authorized the City Manager to execute the agreement on behalf of the City and to take other actions that are necessary or desirable to implement the agreement. The voting was as follows:

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

OTHER

43. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated June 20, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 6/24/97, and is incorporated herewith as part of this record by reference.)

Councilman Euille spoke to a work session on nonconforming/noncomplying uses.

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, City Council approved the City Council calendar and changed the date of the October public hearing meeting from Saturday, October 18 to Saturday, October 25; there was no change in the date of the first legislative meeting in September; Council will hold Tuesday, October 14 for a possible work session with the Chamber Land Use Committee and others on nonconforming uses. The voting was as follows:

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

CONTESTED APPOINTMENTS

44. Alexandria Board of Architectural Review - Old and Historic District
2 Citizen Members

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

NAME ENDORSED BY:

Oscar Fitzgerald*

Samuel Gyulnazarian

Valerie Keane

Donald Kelly

Sharon Loper

Lynn Neihardt

Raphael Semmes

*Incumbent

* * * * *

(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. 44; 6/24/97, 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 reappointed Oscar Fitzgerald and appointed Lynn Neihardt as Citizen Members to the Alexandria Board of Architectural Review - Old and Historic District. The voting was as follows:

Donley - Fitzgerald, Neihardt
Pepper - Fitzgerald, Neihardt
Cleveland - Fitzgerald, Neihardt
Euille - Neihardt, Semmes
Rich - Fitzgerald, Neihardt
Speck - Fitzgerald, Neihardt
Walker - Gyulnazarian, Neihardt

* * * * *

45. Alexandria Board of Architectural Review - Parker-Gray District
2 Citizen Members

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

NAME ENDORSED BY:

Sarah Allen

William Cromley*

Louis Poulson

Kevin Sneed*

*Incumbent

* * * * *

(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. 45; 6/24/97, 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 reappointed William Cromley and Kevin Sneed as Citizen Members to the Alexandria Board of Architectural Review - Parker-Gray District. The voting was as follows:

Donley - Cromley, Sneed
Pepper - Cromley, Sneed
Cleveland - Cromley, Sneed
Euille - Cromley, Sneed
Rich - Cromley, Sneed
Speck - Cromley, Sneed
Walker - Cromley, Sneed

* * * * *

46. Alexandria Budget and Fiscal Affairs Advisory Committee
3 Citizen Members

(The following persons volunteered and were recommended for appointment to the above Committee:)

NAME ENDORSED BY:

Robert Russel Bailey*

Charles Blahous

Lisa Chimento*

Carolyn Grimes

Scott Hodge The Del Ray Citizens Association

Paul Jost

Timothy Lovain

James McIntyre*

Pamela Sosne

James Taylor

David Todhunter

*Incumbent

* * * * *

(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. 46; 6/24/96, 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 reappointed Robert Russell Bailey, Lisa Chimento and James McIntyre as Citizen Members to the Alexandria Budget and Fiscal Affairs Advisory Committee. The voting was as follows:

Donley - Bailey, Chimento, McIntyre
Pepper - Bailey, Chimento, McIntyre
Cleveland - Bailey, Hodge, Jost
Euille - Chimento, Lovain, McIntryre
Rich - Bailey, Chimento, McIntyre
Speck - Bailey, Chimento, McIntyre
Walker - Bailey, Chimento, McIntyre

* * * * *

47. Alexandria Community Services Board
6 Citizen Members

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

NAME ENDORSED BY:

Phillip Bradbury

Florine Greenberg

Harry Hart

Larry Hoffer

K. Robert Krupicka*

Mellenie Runion The Del Ray Citizens Association

Carlos Vega-Matos

*Incumbent

* * * * *

(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. 47; 6/24/97, 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 reappointed K. Robert Krupicka, and appointed Phillip Bradbury, Florine Greenberg, Harry Hart, Mellenie Runion and Carlos Vega-Matos as Citizen Members to the Alexandria Community Services Board. The voting was as follows:

Donley - Bradbury, Greenberg, Hart, Krupicka, Runion, Vega-Matos
Pepper - Bradbury, Greenberg, Hart, Krupicka, Runion, Vega-Matos
Cleveland - Bradbury, Greenberg, Hart, Hoffer, Runion, Vega-Matos
Euille - Greenberg, Hart, Hoffer, Krupicka, Runion, Vega-Matos
Rich - Bradbury, Hart, Hoffer, Krupicka, Runion, Vega-Matos
Speck - Bardbury, Greenberg, Hart, Hoffer, Krupicka, Runion
Walker - Bradbury, Greenberg, Hart, Krupicka, Runion, Vega-Matos

* * * * *

48. Alexandria Environmental Policy Commission
1 Member From the Field of Environmental Sciences

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

NAME ENDORSED BY:

Charles Jones

Nancy Pomerleau*

*Incumbent

* * * * *

(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. 48; 6/24/97, 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 reappointed Nancy Pomerleau as a Member from the Field of Environmental Sciences to the Alexandria Environmental Policy Commission. The voting was as follows:

Donley - Pomerleau
Pepper - Pomerleau
Cleveland - Pomerleau
Euille - Pomerleau
Rich - Pomerleau
Speck - Pomerleau
Walker - Pomerleau

* * * * *

49. Alexandria Historical Restoration and Preservation Commission
1 Citizen Member

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

NAME ENDORSED BY:

Andrea Bakewell Lowery

Robert Montague, III*

Dennis Neagle

Matthew O'Brien

*Incumbent

* * * * *

(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. 49; 6/24/97, 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 reappointed Robert Montague, III as a Citizen Member to the Alexandria Historical Restoration and Preservation Commission. The voting was as follows:

Donley - Montague
Pepper - Montague
Cleveland - Montague
Euille - Montague
Rich - Montague
Speck - Montague
Walker - Montague

* * * * *

50. Alexandria Law Library Board
1 Citizen Member

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

NAME ENDORSED BY:

Dean Markussen

Mabel Shaw

Sheila Sinclair* Sharron A. FitzGerald, President
The Alexandria Law Library

*Incumbent

* * * * *

(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. 50; 6/24/97, 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 reappointed Sheila Sinclair as a Citizen Member to the Alexandria Law Library Board. The voting was as follows:

Donley - Sinclair
Pepper - Sinclair
Cleveland - Sinclair
Euille - Sinclair
Rich - Sinclair
Speck - Sinclair
Walker - Markusson

* * * * *

51. Northern Virginia Planning District Commission
1 Citizen Member

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

NAME ENDORSED BY:

Dale Medearis

Georgina Sawtelle

* * * * *

(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. 51; 6/24/97, 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 Dale Medearis as a Citizen Member to the Northern Virginia Planning District Commission. The voting was as follows:

Donley - Medearis
Pepper - Medearis
Cleveland - Medearis
Euille - Medearis
Rich - Medearis
Speck - Medearis
Walker - Medearis

* * * * *

52. Alexandria Park and Recreation Commission
1 Member From Planning District II

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

NAME ENDORSED BY:

Mark Bishop

Bruce Dwyer Aly K. Johnson

Joyce Rawlings

Lynette Robinson-Hart Odel McCants, Jr.
The Del Ray Citizens Association

Teressa Stirk

Alice Williams

* * * * *

(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. 52; 6/24/97, 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 Lynette Robinson-Hart as a Member from Planning District II to the Alexandria Park and Recreation Commission. The voting was as follows:

Donley - Dwyer
Pepper - Robinson-Hart
Cleveland - Robinson-Hart
Euille - Robinson-Hart
Rich - Robinson-Hart
Speck - Williams
Walker - Robinson-Hart

* * * * *

53. Alexandria Public Records Advisory Commission
4 Citizen Members

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

NAME ENDORSED BY:

Alan Capps

Robert Denison*

Jeffrey Gauger

Ruth Kaye*

Maida Loescher*

Robert Smith

*Incumbent

* * * * *

(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. 53; 6/24/97, 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 reappointed Robert Denison, Ruth Kaye and Maida Loescher and appointed Robert Smith as Citizen Members to the Alexandria Public Records Advisory Commission. The voting was as follows:

Donley - Denison, Kaye, Loescher, Smith
Pepper - Denison, Kaye, Loescher, Smith
Cleveland - Denison, Kaye, Loescher, Smith
Euille - Capps, Denison, Kaye, Loescher
Rich - Denison, Kaye, Loescher, Smith
Speck - Denison, Kaye, Loescher, Smith
Walker - Capps, Gauger, Loescher, Smith

* * * * *

54. Alexandria Waterfront Committee
1 Citizen Representative Who Resides East of Washington Street and North of King Street

1 Citizen Representative Who Resides East of Washington Street and South of King Street

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

NAME ENDORSED BY:

1 Citizen Representative Who Resides
East of Washington Street and North of
King Street

David Briganti

James Dorsch*

William Gard

Gregory Wilson

1 Citizen Representative Who Resides
East of Washington Street and South of
King Street

Kleber Masterson, Jr.

Christine Niedermeier

*Incumbent

* * * * *

(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. 54; 6/24/97, 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 reappointed James Dorsch as a Citizen Representative Who Resides East of Washington Street and North of King Street and appointed Christine Niedermeir as a Citizen Representative Who Resides East of Washington Street and South of King Street to the Alexandria Waterfront Committee. The voting was as follows:

Donley - Dorsch, Niedermeier
Pepper - Dorsch, Masterson
Cleveland - Dorsch, Masterson
Euille - Dorsch, Niedermeier
Rich - Dorsch, Niedermeier
Speck - Dorsch, Niedermeier
Walker - Dolrsch, Masterson

* * * * *

WITHOUT OBJECTION, City Council considered Docket Item No. 56 at this time.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

56. Consideration of an Application for Grant Funding for School Resource
Officers in the City's Middle Schools.

(A copy of the City Manager's memorandum dated June 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 56; 6/24/97, and is incorporated herewith as part of this record by reference.)

Mayor Donley posed questions to Police Chief Samarra.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council (1) approved the grant application to the Virginia Department of Criminal Justice Services for a total of $104,661, of which $95,146 would be grant funding from the State, and $9,515 would be the local match, which is available within the FY 1998 Police Department budget; (2) approved the establishment of two full-time grant-funded Police Officer positions, contingent upon receipt of grant funding. Continuation of these positions beyond the grant year is contingent upon the continuation of funding from the Virginia Department of Criminal Justice Services or other Non-City sources, and the individuals who fill these positions are notified of this condition of employment; and (3) authorized the City Manager to execute all necessary documents. It should be noted that there are no additional monies available in the City's budget to continue these activities once the grant funds are expended. The voting was as follows:

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

EXECUTIVE SESSION

55. Consideration of Convening of an Executive Session to Consult with Legal Counsel Pertaining to Pending Litigation that Involves the City of Alexandria, Pursuant to Virginia Code § 2.1-344(A)(7); to Consult with Legal Counsel and Receiving a Briefing from Staff Members, Consultants or Attorneys Pertaining to Specific Legal Matters Requiring the Provision of Legal Advice by Counsel, Pursuant to Virginia Code § 2.1-344(A)(7); and the Performance of Certain Public Officials Pursuant to Virginia Code § 2.1-344 (A)(1).

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried on a vote of 5-to-0, at 10:07 p.m., City Council convened an Executive Session for the purpose of consulting with legal counsel pertaining to the following litigation involving the City pursuant to Virginia Code § 2.1-344(A)(7): Seminary Hills Limited Partnership v. the City of Alexandria, case pending in the Circuit Court for the City of Alexandria which involves a challenge to the real estate assessments of the Seminary Hills Apartments for tax years 93-96; and a discussion on the performance of specific appointees pursuant to Virginia Code § 2.1-344 (A)(1). The voting was as follows:

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

THEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, at 11:20 p.m., City Council reconvened the meeting. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council authorized the City Attorney to settle the suit identified in the motion to convene this evening's executive session in accordance with the terms and conditions recommended by the City Attorney in executive session. The voting was as follows:

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

THEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council adopted the resolution pertaining to the executive session. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1837

WHEREAS, on this 24th day of June, 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.

* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, at 11:23 p.m., upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, the Regular Meeting of Tuesday, June 24, 1997, was adjourned. The voting was as follows:

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

* * * * *

APPROVED BY:

__________________________________________
KERRY J. DONLEY MAYOR

ATTEST:

______________________________________________
Beverly I. Jett, CMC City Clerk

The meeting was adjourned at 11:23 p.m.

This docket is subject to change.

* * * * *

Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.

* * * * *

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.

* * * * *