Meeting Minutes for Special Meeting (10/23/1996)

Special Meeting
Wednesday, October 23, 1996 - - 7:30 pm
[In Lieu of Regular Meeting of
Tuesday, October 22, 1996]

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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; Ms. Steele, Deputy City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Boyd, Director of Citizen Assistance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Mr. Neckel, Director of Finance; Ms. Davis, Director of Housing; Ms. Hansen, Deputy Director of Housing; Mr. Caton, Legislative Director; Mr. Robinson, Director of Recreation, Parks and Cultural Activities; Ms. Brownstein, Landscape Architect; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Mr. Eiffert, Director of Agency on Aging; Ms. Fayne, Special Assistant to the City Manager; Commonwealth's Attorney Kloch; Fire Chief Hawkins; Deputy Fire Chief Gower; Ms. Hennig, School Board Member; and Lieutenant Hazel, Police Department.

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

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There was a City Council Work Session with the Members of the Alexandria Convention and Visitors Association Board of Directors, at 6:00 p.m. in the City Council Work Room.

Mayor Donley and Councilman Speck made opening remarks. Chair Hall of the ACVA Board of Directors introduced the ACVA Board Members and Executive Director Mitchell.

Executive Director Mitchell and Chair Hall gave an overview of ACVA activities and issues.

Members of City Council, Members of the ACVA Board of Directors, Executive Director Mitchell, City Manager Lawson, and Financial and Information Technology Services Director Gitajn participated in the discussion of this item.

At approximately 7:15 p.m., the Work Session was concluded.

(A copy of the agenda and material relating to this Work Session are on file in the office of the City Clerk and Clerk of Council, and are incorporated herewith as part of the record by reference.)

OPENING

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

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

The Invocation was pronounced by Lieutenant Robert Carolynn Webb, Commanding Officer, Alexandria Salvation Army.

3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the Minutes of (a) the Regular Meeting of October 8, 1996, as submitted. 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 Vice Mayor Pepper and carried unanimously, City Council received the report of the City Clerk dated October 17, 1996, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/23/96, and is incorporated herewith as part of this record by reference. The voting was as follows:

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

5. Presentation of Proclamation in Honor of the Fiftieth Anniversary of the Alexandria Police Youth Camp, Camp Grimm. (Councilman Speck)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/23/96, and is incorporated herewith as part of this record by reference.)

Councilman Speck presented the proclamation.

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

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

6. Presentation of Proclamation Proclaiming October as Disability Employment Awareness Month. (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. 6; 10/23/96, and is incorporated herewith as part of this record by reference.)

Council Member Walker presented the proclamation.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously, City Council endorsed the proclamation. Andrew Blair, Chairman of the Chamber of Commerce, presented the Award in Recognition of Exceptional Business Practices in Serving the Needs of Customers with Disabilities to the Bradlee Barber Shop, owned by Dorothy and Robert Downey and managed by Patrick Monahan. The Burke and Herbert Bank and Trust Company received the Award in Recognition of Exceptional Employment Practices in Hiring and Furthering the Careers of Employees with Disabilities. The voting was as follows:

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

7. Presentation of Proclamation Declaring the Week of October 21-27, 1996, as Virginia School Principals' Month in the City of Alexandria. (Councilman Cleveland)

Councilman Cleveland presented the proclamation.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 10/23/96, 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"

8. Presentation of Proclamation Recognizing Three Citizens for their Heroic Actions at the October 11 Fire at 3640 Edison Street. (Councilman Euille)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/23/96, and is incorporated herewith as part of this record by reference.)

Councilman Euille presented the proclamation to Fred Johnson, John Chambers and Chris Peters. Councilman Euille announced an award that he will be giving out from time to time, perhaps it won't always be publicly noticed, but what he calls a "Touched by An Angel Award." It's in addition to just sending a letter of congratulations to people who have done good deeds in the community, whether it's heroic, humanitarian, volunteerism, just community service in general, there is a cash award that will accompany that honor. Tonight, in addition to the proclamation, the three gentlemen also received the first "Touched by An Angel Award."

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

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (9-11)

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

(a) Alexandria Board of Zoning Appeals
Christopher R. Yukins

(b) Alexandria Budget and Fiscal Affairs Advisory Committee
David A. Reid

(c) Alexandria Commission for the Arts
Victoria R. Beam

(d) Alexandria Economic Opportunities Commission
Patrick G. Grasso

(A copy of each 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. 9 (a-d); 10/23/96, and is incorporated herewith as part of this record by reference.)

10. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria-Caen Exchange Committee
2 Citizens-at-Large

(b) Alexandria Archaeological Commission
1 Member From Planning District I

(c) Historic Alexandria Resources Commission
1 Representative From the Historic Alexandria Docents

(d) Alexandria Public Records Advisory Commission
1 Citizen Member

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

(f) Alexandria Youth Services Commission
1 Member From the Professions Having an Interest and Concern With the Problems of Young People

(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10 (a-f); 10/23/96, and is incorporated herewith as part of this record by reference.)

11. Receipt of the Monthly Financial Report.

(A copy of the City Manager's memorandum dated October 16, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/23/96, 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 unanimously, City Council approved the Consent Calendar as presented. The City Manager's recommendations are as follows:

9. City Council received the following resignations with regret: (a) Christopher R. Yukins from the Alexandria Board of Zoning Appeals; (b) David A. Reid from the Alexandria Budget and Fiscal Affairs Advisory Committee; (c) Victoria R. Beam from the Alexandria Commission for the Arts; and (d) Patrick G. Grasso from the Alexandria Economic Opportunities Commission; and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

10. City Council (a) appointed Bettina Sims and David Lapan as Citizens-at-Large Members to the Alexandria-Caen Exchange Committee; (b) appointed Jennifer Lee as a Member from Planning District I to the Alexandria Archaeological Commission; (c) reappointed William Hunley as a Representative from the Historic Alexandria Docents to the Historic Alexandria Resources Commission; (d) appointed James Lay as a Citizen Member to the Alexandria Public Records Advisory Committee; (e) appointed Joanne Platt as a Representative from the Founders Park Community Association to the Alexandria Waterfront Committee; and (f) appointed Stephanie Buser as a Member from the Professions Having an Interest and Concern with the Problems of Young People to the Alexandria Youth Services Commission.

11. City Council received the Financial Report for the period ending September 30, 1996.

END OF CONSENT CALENDAR

The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

12. Consideration of a Grant Application to the Virginia Department of Criminal Justice Services for the City's Sexual Assault Response and Awareness Program.

(A copy of the City Manager's memorandum dated October 8, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/23/96, and is incorporated herewith as part of this record by reference.)

(Mayor Donley and Councilman Cleveland made comments on this item.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, City Council decided to exceed its budget cap on the number of part-time City positions. Approval of this request will increase the number of grant-funded positions by one (0.75 FTE) part-time Hispanic Outreach Specialist to be supervised by the Coordinator of the Office on Women's Sexual Assault Response and Awareness program. City Council (1) approved the submission of the grant application to the Virginia Department of Criminal Justice Services for funding in the amount of $30,000; (2) contingent upon the award of the grant, approved the establishment of one part-time (0.75 FTE) grant-funded position reflected above; and (3) authorized the City Manager to execute all documents that may be required. This grant-funded position would terminate upon the expiration of the grant and the individual who fills this position would be notified of this condition of employment. The voting was as follows:

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

13. Consideration of a Transfer of $48,338 from Contingent Reserves to Fund a Full-time Juvenile Justice Prosecutor and a Half-time Secretary in the Office of the Commonwealth's Attorney from January 1, 1997 through June 30, 1997.

(A copy of the City Manager's memorandum dated October 16, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/23/96, and is incorporated herewith as part of this record by reference.)

(Council Member Walker directed questions to Commonwealth's Attorney Kloch.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council (1) decided to increase the number of full-time and part-time City positions through June 30, 1997. If approved, a full-time Juvenile Justice Prosecutor position and a part-time Legal Secretary position will be established in the Office of the Commonwealth's Attorney, and a portion of the cost of these positions ($22,000) will be reimbursed by the State Compensation Board; (2) approved the transfer of $48,338 from the general contingent reserves account (account no. 103556-2707) to the Office of the Commonwealth's Attorney to fund the two positions and related expenses for the last six months of FY 1997, which includes the cost of the positions ($36,686); the cost of a computer, printer, office furniture, and telephone installations ($8,552); and associated operating costs for printing, office supplies, postage, and other miscellaneous expenses ($3,100). The net cost to the City through June 30, 1997 for these positions will be approximately $26,300 due to the reimbursement monies from the State Compensation Board. The cost to continue the positions through FY 1998, if approved, would be addressed in the FY 1998 proposed budget. The voting was as follows:

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

14. Receipt of Final Report of the Cameron Station Recreational Task Force.

(A copy of the City Manager's memorandum dated October 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/23/96, and is incorporated herewith as part of this record by reference.)

(General Discussion. Mayor Donley suggested that the financial analysis probably should be sent to BFAAC for review since this is outside of the current CIP. It was decided that it would be sent to BFAAC after the work session.

Vice Mayor Pepper requested that the chairs of the Commission on Aging and the Commission on Youth should be notified of the date for the work session as well as Ralph Thompson. Deputy City Manager Steele indicated that staff will review the roster of boards and commissions to see which other commissions should be notified.

Council Member Walker asked that staff provide information on the number of people who are in the area; how many people are we serving; do we have other unserved populations; what are other communities doing; are there charges for using the facility; what about a public/private partnership with cost sharing and user fees to support the operation; and how will coordination be done between schools and recreation so that there is no duplication of effort?

Councilman Euille and Vice Mayor Pepper requested that the supplemental report that went to the Park and Recreation Commission at their recent meeting be sent to the Members of Council.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, City Council (1) received the report from the Cameron Station Recreational Task Force which recommends the development of a multi-generational, mixed-use recreation center in the East End Park of Cameron Station; (2) requested staff to review the Task Force's recommendations and alternatives, and prepare a fiscal analysis; and (3) scheduled a work session with the Park and Recreation Commission and Cameron Station Recreational Task Force after the staff analysis is completed, which is estimated to take a minimum of 5 to 6 weeks. The voting was as follows:

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

15. Consideration of An Exception to the City's Home Rehabilitation Loan Program Guidelines to Exceed the Absolute Maximum Loan Limit of $80,000.

(A copy of the City Manager's memorandum dated October 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/23/96, and is incorporated herewith as part of this record by reference.)

(General Discussion. Housing Director Davis explained this item and answered questions of Members of City Council.

Councilman Euille stressed that this is a one-time exception to the guidelines.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council authorized staff to exceed the maximum loan limit of $80,000 by an estimated $28,500 (for a total loan amount of $108,500) for the Home Rehabilitation Loan project located at 722 North Columbus Street. This is a 99-year, zero percent interest loan, due and payable in 99 years or when the property is sold. The voting was as follows:

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

16. Consideration of a Request for the Allocation of $25,000 from Contingent Reserves for the Alexandria Entrepreneurial Resource and Technology (ALERT) Small Business Development Center.

(A copy of Mr. Flaherty's memorandum dated October 16, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/23/96, and is incorporated herewith as part of this record by reference.)

(General Discussion. Mr. Flaherty, Executive Vice President, Alexandria Economic Development Partnership, Inc., spoke to this item. Mayor Donley urged for the final completion of this project.)

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, City Council allocated $25,000 in contingent reserves to ALERT as a one-time grant. The voting was as follows:

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

17. Consideration of Report on Taxicab Issues.

WITHOUT OBJECTION, City Council deferred this item to the November 12, 1996 Regular Meeting.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None.

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilman Euille requested Richard Flaherty to introduce the latest member of his staff. Mr. Flaherty introduced the Senior Marketing Manager of the Alexandria Economic Development Partnership, Inc., Paula Riley.

(b) Vice Mayor Pepper spoke to the annual meeting of the Virginia Municipal League.

(c) Vice Mayor Pepper requested that Chief Samarra make a presentation to Council as well as to the Ad Hoc Task Force on Information and Communication Technologies, with respect to the Police Department's new lap top/mobile computers.

(d) Council Member Walker also spoke to the wonderful Virginia Municipal League Conference hosted by Roanoke.

(e) Council Member Walker spoke to the American Public Transit Association Conference she recently attended in Anaheim, CA.

(f) Councilman Cleveland reminded people that tomorrow night at the Torpedo Factory there is going to be a Taste of Art. The cost is $25 and will be from 7:30 p.m. to 11:00 p.m.

(g) Councilman Cleveland announced that the program "From Boys to Men--The Challenge to Responsibility", which will address the problems of gang violence and drugs in the community, will be held on Saturday, November 2, 1996, from 4 p.m. to 7:00 p.m., at the Lee Center, 1108 Jefferson Street. For more information, please call 379-7356.

(h) Mayor Donley congratulated Councilman Euille, President and CEO of William D. Euille and Associates, for receiving an award from the Small Business Administration as Minority Business of the Year.

(i) Mayor Donley announced a new program at the Alexandria Hospital making new parents aware of the importance of immunization of their children.

(j) Mayor Donley spoke to a recent meeting with Congressman Moran, Councilman Speck, City Attorney Sunderland, Transportation and Environmental Services Director O'Kane, and himself, regarding the status of the Woodrow Wilson Bridge project.

(k) Vice Mayor Pepper announced that Councilman Euille also received the Distinguished Services Award from the NAACP.

(l) Councilman Speck spoke to a recent field trip he participated in with the kids from Hopkins House. He thanked Charlotte Hall, from Potomac Riverboat Company for arranging the boat tour on "The Tilp", and the new owners of Radio Free Italy for the pizza, and Dick Snow at Ben and Jerry's for the ice cream.

(m) Councilman Speck announced on November 8, the Chamber of Commerce is having its Annual Business Person of the Year Dinner. He stated that the honorees this year are the WJD owners, a real estate firm in the City. They have made a special contribution to this community. As a firm, they selected a number of charitable organizations in the City in which each month a different organization received a portion of the commissions for properties sold. This is an opportunity to express a lot of appreciation to the three principals in that firm.

ORDINANCES AND RESOLUTIONS

18. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE to adopt Supplement 10 of the City of Alexandria Zoning Ordinance. [ROLL-CALL VOTE]

The City Clerk read the docket item.

WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council introduced and passed the ordinance on its First and Second Readings. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3889

AN ORDINANCE adopting supplemental pages for the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended, and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sections of the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended ("Zoning Ordinance"), and the portions thereof, set forth in the supplemental and replacement pages for the Zoning Ordinance, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 10," are hereby adopted as and shall constitute "The Tenth Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992."

Section 2. That the sections of the Zoning Ordinance, and the portions thereof, set forth in "The Tenth Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992," shall be in force and effect on and after the effective date of this ordinance, and all ordinances amending the text of the Zoning Ordinance which were adopted between May 19, 1996, and June 25, 1996, inclusive, and which are not included in such supplement or in the Zoning Ordinance are hereby repealed, except as otherwise provided in section 3 of this ordinance.

Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any provision of any ordinance amending the Zoning Ordinance which was adopted between May 19, 1996, and June 25, 1996, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Tenth Supplement to The Zoning Ordinance of the City of Alexandria, Virginia, 1992"; nor shall it affect any ordinance adopted after June 25, 1996.

Section 4. That one complete set of pages comprising "The Tenth Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the pages comprising such supplement shall be properly inserted into the copy of the Zoning Ordinance of the City of Alexandria, Virginia, 1992, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.

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

KERRY J. DONLEY
Mayor

Introduction: 10/23/96
First Reading: 10/23/96
Second Reading: 10/23/96
Final Passage: 10/23/96

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19. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE to adopt Supplement 49 of the Code of the City of Alexandria. [ROLL-CALL VOTE]

The City Clerk read the docket item.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council introduced and passed the ordinance on its First and Second Readings. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3890

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

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sections and portions thereof set forth in the supplemental and replacement pages for The Code of the City of Alexandria, Virginia, 1981, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 49," are hereby adopted as and shall constitute "The Forty-Ninth Supplement to The Code of the City of Alexandria, Virginia, 1981."

Section 2. That the sections and portions thereof set forth in "The Forty-Ninth Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be in force and effect on and after the effective date of this ordinance, and all ordinances of a general and permanent nature which were adopted between March 24, 1996, and June 25, 1996, and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, as amended, are hereby repealed, except as otherwise provided in section 3 of this ordinance.

Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any ordinance adopted after June 25, 1992, which amends the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended; nor shall it affect any ordinance saved from repeal by Ordinance No. 1250; nor shall it affect any ordinance listed in appendices A through J, both inclusive, of The Code of the City of Alexandria, Virginia, 1981, or any pages supplemental to such appendices; nor shall it affect any provision of any ordinance adopted between March 24, 1996, and June 25, 1996, which is inadvertently omitted from or erroneously incorporated into The "Forty-Ninth Supplement to The Code of the City of Alexandria, Virginia, 1981," or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.

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

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

KERRY J. DONLEY
Mayor

Introduction: 10/23/96
First Reading: 10/23/96
Second Reading: 10/23/96
Final Passage: 10/23/96

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20. Consideration of Resolution Authorizing the Issuance of Virginia Educational Facility Revenue Bonds by the Alexandria Industrial Development Authority for The Hill School Corporation of Middleburg. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 16, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/23/96, and is incorporated herewith as part of this record by reference.

A copy of Councilman Speck's completed Transactional Disclosure Statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 10/23/96, and is incorporated herewith as part of this record by reference.)

Councilman Speck stated that on this item and on the one following, Item 21, both of which involve the issuance of bonds, he indicated that his firm will likely be an underwriter of these bonds as they are most of the bonds issued in Virginia. He stated that he is not a direct participant and does not benefit either directly or indirectly, As a result, he felt qualified to vote and filled out the necessary forms.

(General Discussion. Council Member Rich asked questions of NationsBank Public Relations Vice President Ramsay.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution as recommended by the Alexandria Industrial Development Authority at its meeting on September 10, 1996. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1804

WHEREAS, the Industrial Development Authority of the City of Alexandria, Virginia (the "Authority"), has considered the application of The Hill School Corporation of Middleburg (the "Applicant"), whose principal business address is 130 South Madison Street, P.O. Box 65, Middleburg, Virginia 20118-0066 requesting the issuance of the Authority's revenue bonds in a principal amount not to exceed $6,500,000 (the "Bonds"). The proceeds of the Bonds will be used to assist the Applicant in (a) financing the cost of (i) the construction of a 6,500 square foot science and classroom building, playgrounds and playing fields, jogging trails, an approximately 23,800 square foot athletic center and an approximately 1,600 square foot art building and various infrastructure improvements including parking lots and access roads and (ii) renovations to existing buildings including, but not limited to new roofs, all of the foregoing (collectively, the "Project") located at 130 South Madison Street, Middleburg, Virginia 20118, and (b) financing certain costs of the issuance of the Bonds; and

WHEREAS, the Applicant has filed its request for the issuance of the Bonds by the Authority in connection with the bond pool program established by the agreement between the Authority and NationsBank, N.A.("NationsBank"), pursuant to which NationsBank has agreed to have the Authority issue Bonds for 501(c)(3) organizations utilizing the NationsBank Bond pool program structure. The Bonds will be secured by a NationsBank Letter of Credit and will bear interest at a variable rate and will be in minimum authorized denominations of $100,000 so as to avoid the application of the continuing disclosure rules promulgated in Rule 15c2-12 by the Securities and Exchange Commission; and

WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"), provide that the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity Bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Authority issues its Bonds on behalf of the City. The City Council of the City of Alexandria, Virginia (the "Council") constitutes the highest elected governmental unit of the City. The Board of Supervisors of Loudoun County, Virginia, as the highest elected governmental unit over the area in which the facility is located, is scheduled to consider the issue on October 16, 1996; and

WHEREAS, following the public hearing held by the Authority on September 10, 1996, the Authority adopted a resolution (the "Inducement Resolution") in which it recommended and requested that the Council approve the issuance of the Bonds by the Authority. A copy of the Inducement Resolution, a brief summary of the Authority's public hearing, and the Applicant's Fiscal Impact Statement have been filed with the Council;

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

1. The Council approves the issuance of the Bonds by the Authority in a principal amount now estimated to be $6,500,000 for the benefit of the Applicant, as required by Section 147(f) of the Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project.

2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the creditworthiness of the Project or the Applicant, and, as required by Section 15.1-1380 of the Virginia Code, the bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto
except from the revenues and monies pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the City and the Authority, shall be pledged thereto.

3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103-2(f)(l), this resolution shall remain in effect for a period of one year from the date of its adoption.

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

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21. Consideration of Resolution Authorizing the Issuance of Virginia Railway Express Bonds for the Virginia Railway Express. (Mayor Donley and Council Member Walker) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/23/96, and is incorporated herewith as part of this record by reference.

A copy of Councilman Speck's completed Transactional Disclosure Statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 10/23/96, and is incorporated herewith as part of this record by reference.)

(General Discussion. Members of Council directed questions to Steve Roberts of VRE, and Financial and Information Technology Services Director Gitajn.)

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution and authorized the City Manager to forward the resolution to the Virginia Railway Express Board of Directors. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1805

ISSUANCE OF BONDS FOR VIRGINIA RAILWAY EXPRESS

WHEREAS, the Northern Virginia Transportation Commission and the Potomac Rappahannock Transportation Commission (collectively, the "Commissions") operate the Virginia Railway Express ("VRE") commuter rail service in Northern Virginia pursuant to the Master Agreement among the Commissions, the Participating Jurisdictions and the Contributing Jurisdictions (the "Master Agreement"); and

WHEREAS, the City of Alexandria, Virginia, is a contributing Jurisdiction under the terms of the Master Agreement; and

WHEREAS, the Commissions have recommended the purchase of 20 double-decker coaches to allow for the timely retirement of a portion of the existing fleet of coaches used by VRE as well as to more productively add capacity to allow VRE to serve additional customers with current service levels; and

WHEREAS, the Master Agreement provides that the Commissions shall utilize reasonable debt financing to the extent that such financing is advantageous to the commuter rail project and is in the interest of the parties to the Master Agreement, but requires that the Commissions not issue debt related to the commuter rail project, other than the initial debt, without the consent of all Participating and Contributing Jurisdictions; and

WHEREAS, the Commissions have recommended that the purchase of the double-decker coaches be financed through the issuance by the Commissions of additional commuter rail revenue bonds; and

WHEREAS, the issuance of the commuter rail revenue bonds as proposed by the Commissions will not constitute a debt or pledge of the faith and credit of the City of Alexandria, Virginia; and

WHEREAS, the obligations of Arlington County and the City of Alexandria to the VRE under the Master Agreement will not be affected by approval of this resolution or the issuance of the bonds;

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

That the City consents in accordance with the terms of the Master Agreement, to the issuance of additional commuter rail revenue bonds by the Commissions in an amount not to exceed $35,000,000 to finance the costs associated with the purchase of 20 double-decker coaches;

BE IT FURTHER RESOLVED that the appropriate officers of the City are authorized to execute and deliver such agreements, instruments and certificates as may be necessary to accomplish the foregoing.

* * * * *

OTHER

22. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated October 18, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 10/23/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council (1) noted that the November 12 Senior Citizens Employment reception is from 6-7:30 p.m. The Work Session on the pilot imaging project will begin at 6:30 p.m. City Council can attend the presentation scheduled to begin at the Senior Citizens Employment Reception at 6:45 p.m.; (2) scheduled the work session with the Affordable Housing Committee at 6:30 p.m. before the Tuesday, November 26 City Council meeting; (3) selected Monday, January 13, as the date for the annual City Employee Service Awards Program from 5:30 to 7:30 p.m. at the Torpedo Factory Art Center; (4) scheduled the annual meeting of the stockholders of the Alexandria Transit Company at 7:15 p.m. before the Tuesday, February 11, 1997 Council Meeting; (5) added to the Council calendar are the following events set for Technology Excellence Awards Week, March 10-14: Wednesday, March 12, Luncheon for Award Winner, Thursday, March 13, Chamber of Commerce Breakfast, and Friday, March 14, Dinner with City Council, staff, Chamber of Commerce and Alexandria Economic Development Partnership members. The voting was as follows:

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

CONTESTED APPOINTMENTS

23. Alexandria Budget and Fiscal Affairs Advisory Committee
1 Member Designated by the Alexandria Chamber of Commerce

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

NAME ENDORSED BY:

Michael MacNair* Alexandria Chamber of Commerce

*Residency Waiver Required

* * * * *

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 23; 10/23/96, 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 result: City Council waived the residency requirement and appointed Michael MacNair as a Member Designated by the Alexandria Chamber of Commerce to the Alexandria Budget and Fiscal Affairs Advisory Committee. The voting was as follows:

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

* * * * *

24. Alexandria Consumer Affairs Commission
2 Citizen Members

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

NAME ENDORSED BY:

Eugenia Burkes*

Lillian Fletcher

Jolynne Flores

Robert Lopez

*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. 24; 10/23/96, 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 Eugenia Burkes and appointed Robert Lopez as Citizen Members to the Alexandria Consumer Affairs Commission. The voting was as follows:

Donley - Burkes, Lopez
Pepper - Burkes, Flores
Cleveland - Burkes, Lopez
Euille - Burkes, Lopez
Rich - Burkes, Lopez
Speck - Burkes, Lopez
Walker - Burkes, Lopez

* * * * *

25. Historic Alexandria Resources Commission
1 Member-at-Large

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

NAME ENDORSED BY:

Jennifer Beltz

Mary Ellen Henry

* * * * *

(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. 25; 10/23/96, 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 result: City Council appointed Mary Ellen Henry as a Member-at-Large to the Historic Alexandria Resources Commission. The voting was as follows:

Donley - Henry
Pepper - Henry
Cleveland - Henry
Euille - Beltz
Rich - Beltz
Speck - Beltz
Walker - Henry

* * * * *

26. Alexandria Human Rights Commission
1 Citizen-at-Large

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

NAME ENDORSED BY:

Barbara Clancy

Roderick 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. 26; 10/23/96, 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 result: City Council appointed Roderick Williams as a Citizen-at-Large Member to the Alexandria Human Rights Commission. The voting was as follows:

Donley - Clancy
Pepper - Williams
Cleveland - Williams
Euille - Williams
Rich - Williams
Speck - Williams
Walker - Williams

* * * * *

27. Alexandria Youth Services Commission
1 Member From an Agency Concerned With the Provision of Youth Services

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

NAME ENDORSED BY:

Deborah Anderson*
(Residency Waiver Required)

*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. 27; 10/23/96, 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 result: City Council waived the residency requirement and reappointed Deborah Anderson as a Member From an Agency Concerned with the Provision of Youth Services to the Alexandria Youth Services Commission. The voting was as follows:

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

* * * * *

29. Alexandria Landlord-Tenant Relations Board
1 Tenant Member (#23 10/8/96)

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

NAME ENDORSED BY:

J. Michael Camden

Debra Zusman

* * * * *

Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 29; 10/23/96, 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 result: City Council appointed Debra Zusman as a Tenant Member to the Alexandria Landlord-Tenant Relations Board. The voting was as follows:

Donley - Zusman
Pepper - Camden
Cleveland - Camden
Euille - Zusman
Rich - Zusman
Speck - Zusman
Walker - Zusman

* * * * *

RECOMMENDATIONS OF THE CITY MANAGER (continued)

30. Consideration of the Crestview Apartments Conversion Assistance Plan. (17(a) 10/19/96)

(A copy of the City Manager's memorandum dated October 22, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 10/23/96, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated October 16, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 10/23/96, and is incorporated herewith as part of this record by reference.)

(General Discussion. Director of Housing Davis explained this item and answered questions directed to her by the Members of Council.)

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried unanimously, City Council (1) approved the addition of the language below to the Housing Conversion Assistance Policy to clarify the basis on which tenants who move permanently from substantial rehabilitation projects will not be eligible for relocation payments:

In the case of substantial rehabilitation, a tenant is not entitled to relocation benefits if the tenant chooses to move after being offered a rehabilitated unit at a rent increase that is within the City's rent increase guidelines. Future rent increases should also remain within the applicable City guidelines.

(2) Referred the entire policy to the Landlord-Tenant Relations Board and Office of Housing staff for review and recommendations to Council for any additional changes; (3) approved the Crestview Apartments Conversion Assistance Plan with the Landlord-Tenant Relations Board amendments and add the following language to the Crestiew Apartments Conversion Assistance Plan:

In order to be considered "permanently displaced" and be eligible for a relocation payment, a tenant must submit to the developer an application to remain in the property after rehabilitation, and one of the following actions must occur: (a) the developer denies the application because the tenant does not qualify; or (b) the developer approves the application, but the difference between the rent the tenant was paying on the date the tenant received the notice to rehabilitate and the rent of the rehabilitated unit at initial occupancy exceeds the rent increase allowed by the City's Voluntary Rent Guidelines in effect on the date the developer approves the tenant's application.

By accepting the plan as amended, KSI Services, Inc. agrees that any future rent increases after the immediate post-rehabilitation rents will not exceed the then-applicable Voluntary Rent Guidelines of the City.

KSI is in agreement with this recommendation.

The voting was as follows:

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

EXECUTIVE SESSION

28. Convening of an Executive Session for the Purpose of Consulting 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 Section 2.1-344(A)(7).

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 9:25 p.m., City Council convened an Executive Session for the purpose of consulting with legal counsel and received 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 section 2.1-344(A)(7). The voting was as follows:

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

THEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, at 10:15 p.m., City Council reconvened the meeting. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, City Council adopted the resolution pertaining to the executive session. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1806

WHEREAS, on this 23rd day of October, 1996, 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, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 10:17 p.m., the Special Meeting of Wednesday, October 23, 1996 [in lieu of the Regular Meeting of Tuesday, October 22, 1996], was adjourned. The voting as follows:

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

* * * * *

APPROVED BY:

__________________________________________
KERRY J. DONLEY MAYOR

______________________________________________
Beverly I. Jett, CMC City Clerk

Public Notice
Information Meeting on the Proposed
Design for the New Central Library

On Wednesday, October 30, 1996, at 7:30 p.m., in the Minnie Howard School Cafeteria, 3801 West Braddock Road, the Alexandria Library will hold an Information Meeting on the Proposed Design for the New Central Library.

There will be a presentation by Library Director Patrick O'Brien and the architect, followed by an opportunity for citizen questions and comments.

For additional information, please call Patrick O'Brien, Library Director, at 838-4558.

* * * * *

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.

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