Meeting Minutes for Regular Meeting (05/09/2000)

Regular Meeting
Tuesday, May 9, 2000 - - 7:30 p.m.

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

Absent: None.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, Acting City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Ms. O'Regan, Director of Human Services; Mr. Lynn, Director of Planning and Zoning; Mr. Smith, Board of Architectural Review Staff; Ms. Beeton, Urban Planner, Planning and Zoning; Mrs. Godwin, Director of Management and Budget; Mr. Ransom, Special Assistant to the City Manager for Human Relations; Ms. Boyd, Director of Citizen Assistance; Ms. Plemmer, Assistant City Manager; Director of Health Konigsberg; Mr. Caton, Legislative Director; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Ms. Davis, Director of Housing; Mr. Sudduth, Director of Personnel Services; Mr. Baier, Director of Tranportation and Environmental Services; Mr. Ruller, Deputy Director of Transportation and Environmental Services; Mr. Frazier, Director of Youth Services; Ms. Barnett, Deputy Director of Recreation, Parks and Cultural Activities; Ms. Oviatt, Director of Office on Women; Mr. Noelle, Arborist; Mrs. Welch, Auditor; Mr. DeMaio, Rideshare Coordinator; Mr. Skrabak, Manager of Environmental Quality; Fire Chief Hawkins; Police Chief Samarra; and Lieutenant Kaluta, Police Department.

Recorded by: Ms. Seagroves, Deputy City Clerk and Clerk of Council.

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OPENING

The Meeting was called to Order by Mayor Donley, and the Deputy City Clerk called the Roll; all Members of City Council were present, with Council Member Rich arriving during the Executive Session.

The Invocation was pronounced by Reverend Doctor Gregory L. Adkins, Senior Pastor, Washington Street United Methodist Church.

3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the Minutes of (a) the Public Hearing Meeting of April 15, 2000; (b) the Regular Meeting of April 25, 2000; and (c) the Special Meeting (Budget Adoption) of April 27, 2000. The voting was as follows:

Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich not yet arrived
Speck "aye"

4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council received the report of the City Clerk dated May 2, 2000, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/9/00, and is incorporated herewith as part of this record by reference. The voting was as follows:

Cleveland "aye" Euille "aye"
Pepper "aye" Rich not yet arrived
Donley "aye" Speck "aye"
Walker "aye"

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New Business Item No. 1: Mayor Donley recognized the students in the audience from Bishop Ireton High School, his alumnus.

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5. Presentation of Proclamation Recognizing May as Teen Pregnancy Prevention Month in the City of Alexandria.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/9/00, and is incorporated herewith as part of this record by reference.)

Mayor Donley presented the proclamation.

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

Cleveland "aye" Pepper "aye"
Euille "aye" Rich not yet arrived
Donley "aye" Speck "aye"
Walker "aye"

6. Presentation of Proclamation Proclaiming the Week of May 20-26, 2000, as National Safe Boating Week in the City of Alexandria.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 5/9/00, and is incorporated herewith as part of this record by reference.)

Councilman Cleveland presented the proclamation.

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

Cleveland "aye" Euille "aye"
Pepper "aye" Rich not yet arrived
Donley "aye" Speck "aye"
Walker "aye"

7. Presentation of Proclamation Declaring the Week of May 21-27, 2000, as National Public Works Week in the City of Alexandria.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/9/00, 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 Vice Mayor Euille and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:

Walker "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Rich not yet arrived
Speck "aye"

8. Presentation of Proclamation Proclaiming May 21, 2000, as Alexandria Earth Day and Arbor Day.

(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; 5/9/00, and is incorporated herewith as part of this record by reference.)

Councilwoman Pepper presented the proclamation.

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

Pepper "aye" Cleveland "aye"
Euille "aye" Rich not yet arrived
Donley "aye" Speck "aye"
Walker "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (9-12)(19-22)

Without Objection, City Council removed docket item no. 19 from the consent calendar and considered it under a separate motion.

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

(a) Alexandria Commission for the Arts
Sarah Wiggins

(b) Alexandria Emergency Medical Services Council
Scot Phelps

(c) Historic Alexandria Resources Commission
Angela Freeman

(d) Alexandria Human Rights Commission
Roderick Williams

(e) Alexandria Waterfront Committee
David Guy

(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 Nos. 9(a-e); 5/9/00, and is incorporated herewith as part of this record by reference.)

10. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Archaeological Commission
1 Member From The Alexandria Association

(b) Alexandria Commission on Persons With Disabilities
2 Citizen Members

1 Citizen Member Who Has A Disability

(c) Alexandria George Washington Birthday Celebration Committee
2 Citizen Members

(d) Alexandria Transportation Safety Commission
3 Members of the Alexandria Traffic and Parking Board

(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 10(a-d); 5/9/00, and is incorporated herewith as part of this record by reference.)

11. Consideration of Request to Vacate A Position on the Commission for the Arts.

(A copy of the City Manager's memorandum dated April 26, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/9/00, and is incorporated herewith as part of this record by reference.)

12. Consideration of a Grant Application for the Virginia Department of Health for the Office on Women's Sexual Assault Response and Awareness Program for FY 2001.

(A copy of the City Manager's memorandum dated April 24, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/9/00, and is incorporated herewith as part of this record by reference.)

20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the meals sales tax regulations to conform to recent changes in state law.

(A copy of the City Manager's memorandum dated April 28, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 5/9/00, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 5/9/00, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 20; 5/9/00, and is incorporated herewith as part of this record by reference.)

21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to re-establish the Alexandria Task Force on AIDS as a permanent commission, to be known as The Alexandria Commission on HIV/AIDS.

(A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 5/9/00, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 5/9/00, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated March 23, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 21; 5/9/00, and is incorporated herewith as part of this record by reference.)

22. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize the Alexandria Police Department to donate unclaimed bicycles to charitable organizations.

(A copy of the City Manager's memorandum dated April 28, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 5/9/00, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 5/9/00, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 22; 5/9/00, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the Consent Calendar as presented with the exception of docket item no. 19 which was considered under a separate motion. The City Manager's recommendations are as follows:

9. City Council received the following resignations with regret: (a) Sarah Wiggins from the Alexandria Commission for the Arts; (b) Scot Phelps from the Alexandria Emergency Medical Services Council; (c) Angela Freeman from the Historic Alexandria Resources Commission; (d) Roderick Williams from the Alexandria Human Rights Commission; and (e) David Guy from the Alexandria Waterfront Committee; requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

10. City Council (a) reappointed John Roberts as a Member from the Alexandria Association to the Alexandria Archaeological Commission; (b) appointed Joseph Delfico and Laura Garufi as Citizen Members and appointed Jane Kachulis as a Citizen Member Who has a Disability to the Alexandria Commission on Persons with Disabilities; (c) appointed Anne Haynes and reappointed Meigs Hodge as Citizen Members to the Alexandria George Washington Birthday Celebration Committee; and (d) appointed Kathleen Burns, Charles Eden and John Laychus as Members of the Alexandria Traffic and Parking Board to the Alexandria Transportation Safety Commission.

11. City Council declared as vacant one of the positions for a member who has expertise in the arts on the Alexandria Commission for the Arts and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy.

12. City Council: (1) approved the submission of the grant application to the Virginia Department of Health for funding in the amount of $26,797 for continued funding of the Sexual Assault Prevention and Education Project; (2) approved the continuation of one-half of a full-time grant-funded Outreach Prevention Specialist position, to carry out the activities of this grant. 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 at the time that they are hired. It should be noted that there are no funds available in the City budget to continue these activities once the grant funds have expired; and (3) authorized the City Manager to execute all documents that may be required.

20. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 13, 2000.

21. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 13, 2000.

22. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 13, 2000.

END OF CONSENT CALENDAR

The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich not yet arrived
Donley "aye" Speck "aye"
Walker "aye"

19. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to increase the E-911 telephone line charge to $.50 per line.

(A copy of the City Manager's memorandum dated May 2, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 5/9/00, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 5/9/00, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 19; 5/9/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried on a vote of 5-to-1, City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 13, 2000. The voting was as follows:

Speck "aye" Cleveland "no"
Euille "aye" Pepper "aye"
Donley "aye" Rich not yet arrived
Walker "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

13. Consideration of a Three-year License Agreement with the Alexandria Community Network Preschool for Use of the Preschool Room at the Cora Kelly Recreation Center, 25 West Reed Avenue.

(A copy of the City Manager's memorandum dated April 21, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 5/9/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously by all those present, City Council authorized the City Manager to enter into a three-year (September 1, 2000 - August 31, 2003) license agreement with the Alexandria Community Network Preschool for use of the preschool room at the Cora Kelly Recreation Center, 25 West Reed Avenue. The voting was as follows:

Speck "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich not yet arrived

14. Consideration of a One-year License Agreement with the Children's International Center, Inc. for Use of the Open Space behind the Center for Play Space.

(A copy of the City Manager's memorandum dated April 21, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/9/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council authorized the City Manager to enter into a one-year license agreement (July 1, 2000 - June 30, 2001) with the Children's International Center, Inc., 25 South Quaker Lane (Attachment 1 to the City Manager's report), to use the open space, as shown in Attachment 2 to the City Manager's report, for play space. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich not yet arrived
Donley "aye" Speck "aye"
Walker "aye"

15. Consideration of Application for Federal Disaster Assistance for Reimbursement of Eligible Costs of Snow and Ice Removal (January 25-30, 2000).

(A copy of the City Manager's memorandum dated April 21, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/9/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council: (1) adopted the resolution, to be submitted to the Virginia Department of Emergency Services for reimbursement of $306,391 for snow and ice removal from the federal and state governments; and (2) authorized the City Manager to execute all documents that may be required to receive these monies. The voting was as follows:

Euille "aye" Pepper "aye"
Cleveland "aye" Rich not yet arrived
Donley "aye" Speck "aye"
Walker "aye"

The resolution reads as follows:

RESOLUTION NO. 1959

BE IT RESOLVED by the City Council of the City of Alexandria, Virginia, that Philip Sunderland, City Manager, is hereby authorized to execute for and on behalf of the City of Alexandria, a public entity established under the laws of the State of Virginia, this application, and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93^rd Congress) or otherwise available from the President’s Disaster Relief Fund.

That the City of Alexandria, a public entity established under the laws of the State of Virginia, hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements attached hereto.

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16. Consideration of Staff Recommendations on Issues Raised at the City Council Community Meeting at Cora Kelly Recreation Center, on Establishing a Planning Process for East Reed Avenue and on the Closeout of the Potomac West Alliance.

(A copy of the City Manager's memorandum dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/9/00, and is incorporated herewith as part of this record by reference.)

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

City Manager Sunderland stated for the record, and it was the sense of City Council, that the Task Force's charge is defined in the whereas provisions of the resolution.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Speck and carried on a ROLL-CALL vote of 6-to-0, City Council: (1) adopted the resolution creating the Ad Hoc Upper Potomac West Task Force, and requested the Executive Secretary for Boards and Commissions to advertise the vacancies; (2) approved the closeout of the Potomac West Alliance, repealed Resolution No. 1821 which established the Board of Directors of the Potomac West Alliance, and thanked the Alliance Board members for their work; (3) approved earmarking in the City's Capital Projects Fund all of the proceeds ($165,000) from the approved sale of 3600 Jefferson Davis Highway and $10,000 of the $46,134.10 remaining from the closeout of the Potomac West Alliance to provide professional services and capital improvements in the Upper Potomac West Area, with the $10,000 from the Alliance being allocated to the Safeway/Datatel site; (4) approved the allocation of the remaining $36,134.10 of the Potomac West Alliance monies as follows: $3,000 to the Potomac West Business Association to fund the production of a business directory, $10,000 to the Alexandria Economic Development Partnership, Inc. to finish and distribute a marketing brochure for the Potomac West area, $10,000 to continue the Instant Access Grant program under the administration of the Alexandria Economic Development Partnership with the monies retained by the City and released upon the approval of individual projects, $13,134.10 to Art on the Avenue to continue the yearly festival the first Saturday in October; and (5) approved the recommendation of the Potomac West Alliance to donate all remaining equipment, including the scanner, computer, printer and telephone, and all furniture to Art on the Avenue and to transfer to the Alexandria Economic Development Partnership all materials, information and software, to be used by them to promote Potomac West, and to be made available to interested groups in Potomac West. The voting was as follows:

Walker "aye" Euille "aye"
Speck "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich not yet arrived

The resolution reads as follows:

RESOLUTION NO. 1960

WHEREAS, the Alexandria City Council has determined that it wishes to establish an Ad Hoc Task Force to assist in the planning for the development/redevelopment of key sites in the Potomac West area north of Glebe Road; and

WHEREAS, the Alexandria City Council wishes the Task Force to develop a vision, and create and review the work of individual working groups for specific core focus areas, such as the Safeway/Datatel site and East Reed Avenue; and

WHEREAS, the Alexandria City Council wishes each working group to consist of members of the Task Force, City staff, and interested developers, and to work with potentially affected property owners, residents and business owners in creating plans for each core area; and

WHEREAS, the Alexandria City Council wishes the product of each working group to be reviewed by the Task Force for consistency with its overall vision and to ensure compatibility among individual plans; and

WHEREAS, the Alexandria City Council wishes the Task Force to hold periodic public meetings to receive public input, as well as to give progress reports and receive comments on plans or parts of plans;

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

1. That there is established the Ad Hoc Upper Potomac West Task Force.

2. That the Task Force shall consist of 15 members, appointed by City Council, as follows:

a. Two representatives from the business community (one nominated by the Potomac West Business Association and one located in the Upper Potomac West area)
b. Two commercial property owners within the Upper Potomac West area or their representatives
c. One representative from each of the following organizations:
• Arlandria Civic Association
• Hume Springs Citizens Association
• Lynhaven Civic Association
• Mount Jefferson Civic Association
• Warwick Village Citizens Association
• Del Ray Citizens Association
• Tenants’ and Workers’ Support Committee
d. Three at-large members
e. City Manager or designee

3. That the Task Force shall present City Council with an interim report six months after its initial meeting and shall complete its work and present a final report to City Council no later than June 26, 2001.

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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

Board of Architectural Review -
Old and Historic Alexandria District

Without Objection, Item Nos. 17 and 18 were heard together.

17. BAR CASE 2000-0050 -- 105 Quay Street -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on April 5, 2000, denying portions of approval of additions and alterations to be made to the dwelling at 105 Quay Street, zoned RM Residential, will be heard. APPLICANT: Arnold Fink & Barbara Palmer. APPELLANT: Arnold B. Fink.

18. BAR CASE 2000-0049 -- 105 Quay Street -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on April 5, 2000, denying portions of permit for approval to demolish and capsulate portions of the dwelling at 105 Quay Street, zoned RM Residential, will be heard. APPLICANT: Arnold Fink & Barbara Palmer APPELLANT: Arnold B. Fink

(A copy of the Board of Architectural Review report dated May 9, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 17 and 18; 5/9/00, and is incorporated herewith as part of this record by reference.

A copy of the appeal is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 17 and 18; 5/9/00, and is incorporated herewith as part of this record by reference.

A copy of the prepared statement of Alexia Levite, Architect for Rabbi and Mrs. Arnold Fink, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 17 and 18; 5/9/00, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on these items:

Arnold G. Fink, 105 Quay Street, applicant and appellant, spoke in support of the appeal and responded to questions asked by Members of Council;

Alexia N.C. Levite, 3299 K Street, N.W., Suite 600, Washington, D.C., architect, spoke in support of the appeal;

Oscar Fitzgerald, 206 West Monroe Street, representing the Board of Architectural Review, Old and Historic Alexandria District, provided the Board's position on this item and responded to questions asked by the Members of Council; and

Jon Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke against the appeal and responded to questions from the Members of Council.

General Discussion. Members of City Council, Rabbi Fink, Mr. Fitzgerald, Mr. Wilbor, and Board of Architectural Review staff person Smith participated in the discussion.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Cleveland and carried unanimously by all those present, City Council accepted the appeal and overturned the Board of Architectural Review on the permit to allow a dormer and the demolition permit. The voting was as follows:

Speck "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich not yet arrived
Walker "aye"

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Mayor Donley announced the Sixth Annual Homeownership Fair, an idea originated by Vice Mayor Euille and him. It will be held Saturday, May 20, 2000, at T.C. Williams High School from 9:30 a.m. - 1:00 p.m. The various seminars will be held in both English and Spanish. This has been a highly successful program in past years, and we want to encourage homeownership amongst our citizens.

(A copy of the poster announcing the Homeownership Fair is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral (a), and is incorporated herewith as part of this record by reference.)

(b) Mayor Donley extended congratulations to a team of nine Alexandria women who participated in the three-day, 60-mile breast cancer walk this last weekend -- from Frederick, Maryland, to Washington, D.C. This event netted over $6 million and this team raised over $34,000. The group, known as the Walkie-Talkies, included Janet Barnett, Connie Hart and Mary Catherine Hart Gibbs, Ann Principato, Sally Krahn, Rita Trenga, Joanne Droms, Mary Hanagan, and Judy Stack.

(c) Mayor Donley announced the good news today of the success story of a City who puts affordable housing first, a City that has a good quality landlord in AIMCO at Foxchase who is committed to providing safe and affordable housing, and the U.S. Department of Housing and Urban Development who devised and came up with a program to preserve 423 affordable housing units at Foxchase. He congratulated the folks at HUD and at AIMCO, but also Mildrilyn Davis who worked very hard on this program.

Councilman Speck stated that at the public hearing meeting last month, we had speakers talk about how section 8 affected them personally. In addition to the Foxchase issue, we heard testimony that landlords were dropping section 8 because of administrative problems associated with dealing with HUD or with the Housing Authority, and staff was asked to give some sense of whether there was a pattern emerging here. What has been learned so far?

Housing Director Davis reported on a meeting they had with representatives from the Apartment and Office Building Association and the Northern Virginia Apartment Association. NVAA also brought a couple of their member landlords. In that case they did feel that there was a combination of HUD regulations and administrative issues with ARHA that were a problem. In today's meeting with a property manager responsible for two Alexandria complexes, in one of the complexes it was purely an economic decision because of improvements being made to the property. In the other one there were some administrative issues but they're all local, and they're all things she hopes they can address. There are two more meetings scheduled, but a report will come back to Council after the meetings are concluded this week.

Vice Mayor Euille recounted that he spoke to ARHA Executive Director Dearman after the public hearing on the Five-Year Housing plan. He wished that he had been at the hearing but quickly responded that there were no financial and/or administrative problems on their end. Vice Mayor Euille questioned staff if there has been a meeting with ARHA yet.

Housing Director Davis responded that they plan to meet with ARHA after they have gathered information from all of these property owners and to then talk to ARHA about the issues that have come up. They will be following up with some issues immediately, but then they will want to sit down with ARHA after having a broader picture on what the issues are.

Vice Mayor Euille inquired whether landlords are proceeding with evictions regardless of the perceived problems with ARHA. It was his impression that staff was going to try to convince the managers of those properties to hold off or slow down evictions so that we can get a better understanding of why this is happening. Housing Director Davis explained that these are really nonrenewal of the contracts when the leases run out rather than evictions. She had no knowledge of but will pursue the issue of peoples' things being put out on the street.

City Manager Sunderland assured Council that to the extent that there are administrative issues and that people are pulling out of the program or desiring not to be in the program because of things that can be fixed, that they will get them fixed and bring people back into the program. To the extent that it is driven by rents, there is nothing that we can do. To the extent people are pulling out because paperwork isn't being done and computer programs aren't being transferred correctly, we will quickly take care of that.

ORDINANCES AND RESOLUTIONS (continued)

23. (a) Consideration of an Agreement between the City of Alexandria and Michael C. Landi pertaining to the sale and rehabilitation of the city-owned property at 329 1/2 N. Henry Street.

(A copy of the City Manager's memorandum dated April 21, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23(a); 5/9/00, and is incorporated herewith as part of this record by reference.)

(b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to approve and authorize the sale of the property owned by the City of Alexandria at 329 1/2 N. Henry Street, to Michael C. Landi.

(A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23(b); 5/9/00, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23(b); 5/9/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Euille and carried unanimously by all those present, City Council: (1) awarded the contract for the sale of City-owned property located at 329-1/2 North Henry Street to Michael C. Landi for $36,101. A copy of the Agreement for Sale and Rehabilitation of 329-1/2 North Henry Street is attached to the City Manager's report; (2) introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 13, 2000; and (3) authorized the City Manager to execute all necessary documents. The voting was as follows:

Walker "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Rich not yet arrived
Speck "aye"

24. Consideration of Resolutions to Remove the King Street Underpass Project from the State Six Year Urban Program and to Reallocate Urban Program Funds for Dash Transit Capital, the King Street Metrorail Station Area Improvement Project, and for WMATA Transit Capital. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 5/9/00, and is incorporated herewith as part of this record by reference.)

Council Member Walker stated there is additional money going into the King Street pedestrian crossings and extension of the platform. She expressed her frustration that this plan was begun in 1996 by Mayor Donley, it has been fully funded at $12 million for a year and a-half, and we've had the money. This adds another $2 million to that money, and she just cannnot believe that we can't get this started. We've been waiting a long time to do one pedestrian crossing, so she is really pleased and hopes that this infusion of money will help. She appreciates Council's listening to her and pushing this.

Mayor Donley stated that Council Member Walker spearheaded this effort and agreed it's time to move forward not only to improve pedestrian safety but to enhance the functionality and the operability of the King Street Metro station.

Transportation and Environmental Services Director Baier announced that one of the critical things just resolved with the governmental entities was the fact that we do not have to have an environmental impact statement for every phase of the project. That is a huge step as an environmental impact statement is not only costly but extremely time-consuming.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council: (1) adopted the resolution requesting that the Virginia Department of Transportation (VDOT) remove the King Street Underpass project from the State's Six-Year Urban Transportation Program; (2) adopted the resolution requesting that VDOT reprogram $7.25 million in State Urban Funds from the King Street Underpass project to the purchase of land for a DASH transit facility and the purchase of replacement buses for DASH; (3) adopted the resolution requesting that VDOT reprogram $3.0 million in State Urban Funds to King Street Metrorail Station area improvements; (4) adopted the resolution requesting that VDOT reprogram $13.75 million in State Urban Funds to cover the increasing cost of the City's share of the Washington Metropolitan Area Transit Authority's (WMATA) Capital Programs, including the WMATA Infrastructure Replacement Program (IRP); and (5) authorized the City Manager to execute all documents that may be required to comply with the newly adopted resolutions, and to reimburse VDOT for King Street Underpass expenses from reallocated local capital funds as discussed in the report of the City Manager. The voting was as follows:

Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich not yet arrived
Speck "aye"

The resolutions read as follows:

RESOLUTION NO. 1961

WHEREAS, in 1979 the Alexandria City Council requested the State to program Urban Funds to reconstruct the King Street Underpass;

WHEREAS, $24 million of State Urban Funds have been programmed in the State’s Six-Year Program to complete the King Street Underpass project;

WHEREAS, changing local circumstances and conditions have led to a reconsideration of the value of the King Street Underpass project to the community;

WHEREAS, the City Council determined that the City’s current priority transportation needs are different from 1979;

WHEREAS, the construction impacts from the project to the adjacent neighborhoods were found to be severe;

WHEREAS, the benefits of eliminating the project, and reprogramming the $24 million of Urban Funds to other priority transportation projects, were found to outweigh the benefits of continuing the proposed construction project;

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

The City Council requests that the Virginia Department of Transportation (VDOT) remove the King Street Underpass project from the State’s Six-Year Urban Transportation Program; and

BE IT FURTHER RESOLVED by the City Council of Alexandria, Virginia:

The City Council requests that the money programmed in the State’s Six-Year Urban Transportation Program to the King Street Underpass project be reprogrammed to other City of Alexandria priority transportation projects; and

BE IT FURTHER RESOLVED by the City Council of Alexandria, Virginia:

The City Council requests that City staff make the appropriate amendments in the City’s FY 2002 to FY 2007 Capital Improvement Program to be presented to City Council in March of 2001, including the elimination of the King Street Underpass project and the addition of any project or projects approved by the Council to use the reprogrammed funds.

* * * * *

RESOLUTION NO. 1962

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

The City requests that the Virginia Department of Transportation (VDOT) reprogram the money formerly programmed to the King Street Underpass project, for the acquisition of land for said transit facility and for the acquisition replacement of DASH buses; and

BE IT FURTHER RESOLVED by the City Council of Alexandria, Virginia:

The Council authorizes the City Manager to execute, on behalf of the City of Alexandria, all documents necessary to reprogram money from the King Street Underpass project to the purchase of the land for said DASH transit facility and replacement buses for DASH; and

BE IT FURTHER RESOLVED by the City Council of Alexandria, Virginia:

The City Council authorizes the City Manager to execute, on behalf of the City of Alexandria, all documents necessary to reprogram $7.25 million of Urban Funds to purchase land for a DASH transit facility and to purchase DASH replacement buses.

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RESOLUTION NO. 1963

WHEREAS, the City Council has passed a resolution to remove the King Street Underpass project from the State’s Six-Year Urban Transportation Program;

WHEREAS, the City Council has requested the State to reprogram the funds, previously programmed to the King Street Underpass project, to other priority transportation projects in Alexandria;

WHEREAS, the King Street Metrorail Station Area Improvement project is a high priority for the City;

WHEREAS, the costs of the King Street Metrorail Station Area Improvement project are estimated to exceed currently available funds;

WHEREAS, the City has determined that available Urban Funds should be utilized to pay a portion of the King Street Metrorail Station Area Improvement project;

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

The City requests that the Virginia Department of Transportation (VDOT) reprogram available Urban Funds to King Street Metrorail Station Area Improvements; and

BE IT FURTHER RESOLVED by the City Council of Alexandria, Virginia:

The City Council authorizes the City Manager to execute, on behalf of the City of Alexandria, all documents necessary to reprogram $3.0 million in Urban Funds to the King Street Metrorail Station Area Improvement project.

* * * * *

RESOLUTION NO. 1964

WHEREAS, the City Council has passed a resolution to remove the King Street Underpass project from the State’s Six-Year Urban Transportation Program;

WHEREAS, the City Council has requested the State to reprogram the funds, previously programmed to the King Street Underpass project, to other priority transportation projects in Alexandria;

WHEREAS, the WMATA Board has previously agreed that the transit system could no longer afford to defer its Capital rehabilitation needs;

WHEREAS, these deferred needs, coupled with other WMATA capital needs, have resulted in the future year costs of all WMATA capital programs to greatly exceed current annual City outlays for WMATA Capital;

WHEREAS, the City considers our commitment to WMATA capital funding, including full funding of the IRP, to be one of the City’s highest transportation priorities;

WHEREAS, the City has determined that available Urban Funds should be utilized to pay a portion of the City’s share of the WMATA Capital including its IRP;

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

The City requests that the Virginia Department of Transportation (VDOT) reprogram available Urban Funds to the WMATA Capital, including its Infrastructure Replacement Program; and

BE IT FURTHER RESOLVED by the City Council of Alexandria, Virginia:

The City Council authorizes the City Manager to execute, on behalf of the City of Alexandria, all documents necessary to reprogram $13.75 million in Urban Funds to WMATA Capital Programs.

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25. Consideration of Resolution Establishing an Ad Hoc Task Force on Preschools in Residential Communities. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 5, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 5/9/00, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 5/9/00, and is incorporated herewith as part of this record by reference.)

Members of City Council, City Manager Sunderland and Acting City Attorney Pessoa participated in considerable discussion on this issue, including the effect of a text amendment on existing preschools in residential areas and whether the request for a text amendment should be referred to the Planning Commission before or after receiving the task force report.

City Manager Sunderland suggested that Council create the task force. The task force will be given a quick time frame. It will come back with a report and a recommended text amendment that would implement its recommendations. In the meantime, if a preschool comes into a residential neighborhood today as a special use, we're sending the message that pending a report from the study group those applications would be disfavored.

Without Objection, Joanne Lepanto, representing the Seminary Hill Association, Inc., spoke on allowing schools in residential zones but in an appropriate location, not a single-family home.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council adopted the resolution and established a task force on preschools in residential neighborhoods composed of: (a) three representatives of civic associations appointed by City Council; (b) three representatives of the early learning industry appointed by City Council; and (c) one representative of the Alexandria City Schools appointed by the Superintendent of Schools. This task force will come back with a report including recommendations for a text amendment by the first legislative meeting in September. The voting was as follows:

Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich not yet arrived
Walker "aye"

THEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council moved to reconsider this item. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich not yet arrived
Donley "aye" Speck "aye"
Walker "aye"

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution and established a task force on preschools in residential neighborhoods composed of: (a) three representatives of civic associations appointed by City Council; (b) three representatives of the early learning industry appointed by City Council; and (c) one representative of the Alexandria City Schools appointed by the Superintendent of Schools. This task force will come back with a report including recommendations for a text amendment by the first legislative meeting in September. The voting was as follows:

Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich not yet arrived
Walker "aye"

The resolution reads as follows:

RESOLUTION NO. 1965

WHEREAS, at the October 16, 1999, City Council meeting, Council Member Rich asked staff to prepare a proposal for a task force to make recommendations about whether and how to accommodate preschools within residential neighborhoods; and

WHEREAS, City Council wishes to re-evaluate the land use controls with respect to the location of preschools; and

WHEREAS, the City Council has determined that it is appropriate to establish a task force with membership from preschool providers and residential neighborhoods;

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

(1) There is hereby established an ad hoc task force known as the Ad Hoc Preschool Task Force.

(2) The Task Force shall consist of seven members to be appointed as described below:

a. Three representatives of civic associations appointed by City Council,

b. Three representatives of the early learning industry appointed by City Council, and

c. One representative of the Alexandria City Schools appointed by the Superintendent of Schools.

(3) The Task Force members shall elect a chairperson from among the members of the Task Force.

(4) The function of the Task Force shall be to recommend ways to facilitate preschools in the community in appropriate locations and with appropriate safeguards to assure that they will not unduly impact residential neighborhoods, to evaluate current zoning regulations governing the placement of preschool facilities in residential neighborhoods, and to recommend any changes to those zoning regulations.

(5) The Task Force shall send its recommendations to City Council by December 30, 2000.

* * * * *

OTHER

26. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated May 5, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 5/9/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Speck and carried on a vote of 5-to-0, City Council added to the Council calendar the City Council swearing in, installation and reception on Wednesday, June 28, 2000, at 7:30 p.m. at T.C. Williams High School; added a Council Meeting for committee assignments only on July 3, 2000, at 7:30 p.m.; and added a dinner for the retiring Members of Council on Tuesday, June 20, 2000, at about 6:30 p.m. in a restaurant in Old Town. The voting was as follows:

Euille "aye" Cleveland "aye"
Speck "aye" Pepper "aye"
Donley "aye" Rich not yet arrived
Walker out of room

CONTESTED APPOINTMENTS

None

EXECUTIVE SESSION

27. Consideration of The Convening of an Executive Session to Discuss Personnel Matters Pertaining to the Hiring of A New City Attorney, Pursuant to Virginia Code Section 2.1-344(A)(1).

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously by all those present, at 9:40 p.m., City Council convened in executive session at this time, pursuant to Section 2.1-344(A)(1) of the Code of Virginia, for the purpose of discussing personnel matters pertaining to the appointment of a new City Attorney. The voting was as follows:

Speck "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich not yet arrived
Walker "aye"

Council Member Rich arrived during the Executive Session.

THEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, at 10:20 p.m., City Council reconvened the meeting. The voting was as follows:

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

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution pertaining to the executive session. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1966

WHEREAS, on this 9^th day of May 2000, 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 Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, at 10:25 p.m., the Regular Meeting of May 9, 2000, was adjourned. The voting was as follows:

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

* * * * *

APPROVED BY:

_____________________________________
KERRY J. DONLEY MAYOR

ATTEST:

____________________________________
Susan K. Seagroves, Deputy City Clerk

This docket is subject to change.

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

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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.

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