Meeting Minutes for Regular Meeting (04/26/2005)

Regular Meeting
Tuesday, April 26, 2005 - - 7:00 p.m.

* * * * *

Present: Mayor William D. Euille, Vice Mayor Redella S. Pepper, Members of Council Ludwig P. Gaines, K. Rob Krupicka, Andrew H. Macdonald, Paul C. Smedberg and Joyce Woodson.

Absent: None.

Also Present: Mr. Hartmann, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Assistant City Manager; Mr. Jinks, Assistant City Manager; Mr. Baier, Director, Transportation and Environmental Services; Ms. Gordon, Public Information Officer; Ms. Boyd, Director, Citizen Assistance; Mr. Neckel, Director, Finance; Mr. Johnson, Director, Office of Management and Budget; Mr. Kincannon, Director, Parks, Recreation and Cultural Activities; Ms. Barnett, Deputy Director, Parks, Recreation and Cultural Activities; Mr. Culpepper, Deputy Director, T&ES; Mr. Skrabak, Division Chief, T&ES; Ms. Fogarty, Director, Planning and Zoning; Ms. Smith-Page, Director, Real Estate Assessments; Mr. Spera, Assistant City Attorney; Mr. Hall, Chief Hack Inspector, Police Department; Mr. Garcia, Hack Inspector, Police Department; Ms. Taylor, Budget Analyst, OMB; Mr. Mandley, Director, General Services; Mr. Hammitte, Division Chief, General Services; Mr. Colevas, ITS; Police Lt. Uzzell; and Mr. Lloyd, General Services.

Recorded by: Jackie M. Henderson, City Clerk and Clerk of Council

OPENING

1. Calling the Roll.

The meeting was called to order by Mayor Euille, and the City Clerk called the roll; all the members of City Council were present.

2. Moment of Silence and Pledge of Allegiance.

City Council observed a moment of silence and the All City Chorus sang America the Beautiful and recited the Pledge of Allegiance.

3. Reading and Acting Upon the Minutes of the Following Meetings of City Council:

(a) The Special Public Hearing Meeting Minutes of April 4, 2005; and

(b) The Regular Meeting Minutes of April 12, 2005.

WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the special public hearing meeting minutes of April 4, 2005 and the regular meeting minutes of April 12, 2005. The voting was as follows:

Gaines "aye" Krupicka "aye"
Pepper "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

4. Presentation by the All City Chorus.

The All City Chorus sang several selections for the Council.

PROCLAMATIONS

5. Proclamation Recognizing Wilbert Blackmon and Wayne Hall as City Employees of the Month for March.

(A copy of the proclamation is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/26/05, and is incorporated as part of this record by reference.)

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

Woodson "aye" Pepper "aye"
Gaines "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Smedberg "aye"

6. Presentation of a Proclamation Declaring April 30, 2005, 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. 6; 4/26/05, and is incorporated as part of this record by reference.)

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

Macdonald "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

7. Presentation of a Proclamation Declaring May 20, 2005, as Bike To Work 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. 7; 4/26/05, and is incorporated as part of this record by reference.)

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

Krupicka "aye" Gaines "aye"
Pepper "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

8. Presentation of a Proclamation Recognizing Healthy Families Week.

(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; 4/26/05, and is incorporated as part of this record by reference.)

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

Pepper "aye" Krupicka "aye"
Gaines "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (9-15)

(Resignations and Uncontested Appointments)

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

(a) Alexandria Waterfront Committee
Lorraine Lloyd

(A copy of the above resignation 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); 4/26/05, and is incorporated as part of this record by reference.)

10. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Emergency Medical Services Council
1 Representative From the Alexandria Chapter of the
American Red Cross

(b) Alexandria Human Rights Commission
1 Representative From the Alexandria Landlord-Tenant
Relations Board

(A copy of 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-b); 4/26/05, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

11. Consideration of Approval of the Recommendation from the Commission For the Arts to Permanently Install the Art League's Woodcut Triptych at the Northern Virginia Juvenile Detention Home.

(A copy of the City Manager's memorandum dated April 18, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/26/05, and is incorporated as part of this record by reference.)

12. Consideration of the Monthly Financial Report for the Period Ending March 31, 2005.

(A copy of the City Manager's memorandum dated April 19, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/26/05, and is incorporated as part of this record by reference.)

13. Consideration of Submission of Assistance to Firefighters Grant Application to the Office of Domestic Preparedness to Purchase EMS Mannikins for the Fire Department.

(A copy of the City Manager's memorandum dated April 18, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/26/05, and is incorporated as part of this record by reference.)

14. Consideration of Authorization of Recommended Capital Project Allocations and Planned Expenditures.

(A copy of the City Manager's memorandum dated April 18, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/26/05, and is incorporated as part of this record by reference.)

15. Consideration of Submission of a Grant Application to the Department of Criminal Justice Services to Continue Community Corrections (Local Probation) and Pretrial Services Under the Comprehensive Community Corrections Act and Pretrial Services Act for FY 2006.

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Macdonald, seconded by Councilman Gaines and carried unanimously, City Council approved the Consent Calendar as follows. The City Manager's recommendations were as follows:

9. City Council accepted the following resignation with regret: (a) Lorraine Lloyd, Alexandria Waterfront Committee.

10. City Council made the following appointments: (a) appointed Pamela Alesky as the representative from the Alexandria Chapter of the American Red Cross to the Alexandria Emergency Medical Services Council; and (b) reappointed Raymond Johnson as the representative from the Alexandria Landlord-Tenant Relations Board to the Alexandria Human Rights Commission.

11. City Council approved the recommendation of the Alexandria Commission for the Arts to: (a) Accept the Art League's woodcut triptych for permanent installation at the Northern Virginia Juvenile Detention Home, 200 South Whiting Street; and (b) express gratitude to the Art League for the woodcut triptych and the Alexandria Commission for the Arts study of this gift and securing a permanent location at the Northern Virginia Juvenile Detention Home.

12. City Council received the Monthly Financial Report for the period ending March 31, 2005.

13. City Council: (a) approved the submission of an electronic grant application totaling $31,000 to the Office of Domestic Preparedness to purchase two advanced life support (ALS) training mannequins for the Fire Department; and (b) authorized the City Manager to execute all necessary documents that may be required.

14. City Council authorized the capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Expenditure Summary.

15. This item was deferred.

CONTESTED APPOINTMENTS

16. Alexandria Archaeological Commission
1 Member-at-Large

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

NAME: ENDORSED BY:

Timothy Peterson
Joshua Popoff
William Schreiner

(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. 16; 4/26/05 and is incorporated 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 Timothy Peterson as the member-at-large to the Alexandria Archaeological Commission. The voting was as follows:

Euille - Peterson
Pepper - Peterson
Gaines - Peterson
Krupicka - Peterson
Macdonald - Peterson
Smedberg - Peterson
Woodson - Peterson

17. Alexandria Commission on Employment
1 Citizen-at-Large

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

NAME: ENDORSED BY:

Iris Henley
Patrick Knowles

(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. 17; 4/26/05 and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council appointed Patrick Knowles as the citizen-at-large to the Alexandria Commission on Employment. The voting was as follows:

Euille - Knowles
Pepper - Knowles
Gaines - Henley
Krupicka - Henley
Macdonald - Knowles
Smedberg - Knowles
Woodson - Knowles

18. Alexandria Human Rights Commission
2 Citizen Members

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

NAME: ENDORSED BY:

Linda Gautney
Matthew Harris
Michael O'Brien
Gregory Russo
Sonya Sacks

(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. 18; 4/26/05 and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council appointed Linda Gautney and reappointed Matthew Harris as the two citizen members to the Alexandria Human Rights Commission. The voting was as follows:

Euille - Harris, Sacks
Pepper - Harris, Gautney
Gaines - Harris, Sacks
Krupicka - Harris, Gautney
Macdonald - Harris, Gautney
Smedberg - Harris, Gautney
Woodson - Harris, Gautney

19. Alexandria Park and Recreation Commission
2 Members From Planning District I

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

NAME: ENDORSED BY:
Jonathan Aaronsohn
Henry S. Brooks
Judy Guse-Noritake

(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. 19; 4/26/05 and is incorporated 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 Henry S. Brooks and Judy Guse-Noritake as the two members from Planning District I to the Alexandria Park and Recreation Commission. The voting was as follows:

Euille - Brooks, Guse-Noritake
Pepper - Brooks, Guse-Noritake
Gaines - Brooks, Guse-Noritake
Krupicka - Brooks, Guse-Noritake
Macdonald - Brooks, Aaronsohn
Smedberg - Brooks, Guse-Noritake
Woodson - Brooks, Guse-Noritake

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

20. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Revise the City's Taxicab Regulations.

(A copy of the memorandum dated April 11, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20, 4/26/05, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously, City Council: (a) received the report and accepted the accompanying ordinance revising the City's taxicab regulations for introduction and first reading; and (b) scheduled the ordinance for public hearing on May 14, 2005. The voting was as follows:

Krupicka "aye" Pepper "aye"
Gaines "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

21. Deferral from April 16, 2006. Case No. 2004-0274 - Appeal, Board of Architectural Review, 325 N. Patrick Street, zoned RB Residential. Appeal of the BAR's Decision Approving a Request For a Garage Addition. Appellant is Raymond P. Deakins on Behalf of Petitioners. (#12, 4/16/05)

This item was deferred.

22. Consideration of City Testimony on Virginia Department of Transportation's Working Draft FY 2006-2011 Six-Year Improvement Program.

(A copy of the City Manager's memorandum dated April 22, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 4/26/05, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council (a) received the report and draft testimony in the form of a letter to the Chairman of the Commonwealth Transportation Board and (b) authorized the Mayor to sign the letter. The voting was as follows:

Pepper "aye" Gaines "aye"
Smedberg "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Woodson "aye"

23. Consideration of Designation of an Overnight Parking District in the Varsity Park Neighborhood.

(A copy of the City Manager's memorandum dated April 21, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 4/26/05, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council approved an overnight parking district, district A, in the Varsity Park neighborhood. The voting was as follows:

Pepper "aye" Gaines "aye"
Smedberg "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Woodson "aye"

Public Hearing

The following four items were heard together:

24. Public Hearing on an Ordinance to Increase Real Estate Tax Relief For Senior, Disabled and Limited Income Residents. Adoption is Set for May 2, 2005. (#17, 4/12/05)

(A copy of the City Manager's memorandum dated April 4, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 4/26/05, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 4/26/05, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council 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. 24; 4/26/05, and is incorporated as part of this record by reference.)

25. Public Hearing on an Ordinance to Establish a Monthly Tax, Not To Exceed $3.00, on Each Cellular Telephone Number. Adoption is Set for May 2, 2005.(#18, 4/12/05)

(A copy of the City Manager's memorandum dated April 1, 2005, is on file in the
Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 4/26/05, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 4/26/05, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council 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. 25; 4/26/05, and is incorporated as part of this record by reference.)

26. Public Hearing on an Ordinance to Increase the Cigarette Tax to 70 cents Per Pack. Adoption is Set for May 2, 2005. (#19, 4/12/05)

(A copy of the City Manager's memorandum dated April 1, 2005, is on file in the
Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 4/26/05, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 4/26/05, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council 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. 26; 4/26/05, and is incorporated as part of this record by reference.)

27. Public Hearing on an Ordinance to Establish a Tax on Admission Charges for Certain Events, Not To Exceed 50 Cents Per Ticket. Adoption is Set for May 2, 2005. (4/16/05)

(A copy of the City Manager's memorandum dated April 13, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 4/26/05, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 4/26/05, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council 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. 27; 4/26/05, and is incorporated as part of this record by reference.)

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

(a) John Renner, 301 N. Fairfax Street, president-elect of First Night Alexandria, gave an update on what their non-profit organization has experienced since last he spoke on the admissions tax and the burden the tax would place on the local non-profits and the work the staff has done to identify a wide range of circumstances on which non-profit events would be exempt. He said if the City adopts the admissions tax, it will need to establish a system which weights out the requirements for qualifying and maintaining an exemption.

(b) Charlie Collum, 801 N. Fairfax Street, Suite 402, speaking on behalf of the Alexandria Chamber of Commerce, urged staff to develop clear guidelines on how the non-profits get the State sales tax exemption. He said they believe taxes should be broadbased and should not single out one segment of the business community, as does the admissions tax. The best way to obtain additional revenue is to attract additional investment into the City and make it easier for those here to grow or expand.

(c) Roger Fons, 815 1/2 King Street, owner of the Old Town Theater, said he would either have to raise his prices or absorb the cost of the additional tax and he said he is trying to keep prices down low. He said he already pays other taxes and he is trying to keep the prices down low enough so everyone can enjoy it. He said Council needs to curtail expenses.

(d) Sandra Wheeler, 400 Madison Street, #1105, board member of the Alexandria Singers, spoke in opposition to the admissions tax and said it would increase expenses incurred and cut into groups revenues and may cause a drop in performances held and penalizes smaller and completely volunteer groups.

(e) Pat Troy, 310 Wolf Street, spoke in opposition to the admissions tax and spoke of the cost he charges for admission into his restaurant to see top entertainment he brings from Ireland, and that charge goes to the entertainers. He said the citizens are in an uproar over the budget, and he said they are taxing the people out of the City.

(f) Lou Cordia, 904 Vicar Lane, speaking on behalf of Alexandrians for a three percent compromise, spoke in opposition to raising new taxes and to focus on the real issue, which is City spending. Mr. Cordia asked Council to consider the proposal of Alexandrians for a three percent compromise, which gives a 3.5 percent spending increase, which is $18.4 million more than last year.

(g) Sherry Brown, 1600 Prince Street, #603, said she is not unilaterally opposed to the admissions tax, but had some reservations, and she asked how much turned in to the City will go to the arts. She said she wanted to be sure it was a tax on sales, and not on admissions, and she hoped it would go to comped tickets. She asked Council to delay implementing it until it has what it needs from Richmond.

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

None.

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilman Gaines said he attended a leadership conference for the 21st Century at Harvard's Kennedy School, which is a fantastic program, and he highly recommended it to Council.

(b) Councilman Macdonald said there was an article in the New York Times today of an increasing concern about the quality of the air inside diesel school buses and the impact the air has on young people. He suggested the City look at the issue of school buses and look closely at the decision to purchase diesel buses.

Mayor Euille suggested to Councilman Macdonald that he put his comments in a memo to the City Manager so it can be forwarded to the School Board for its consideration.

(c) Mayor Euille said he returned last night from a week in Scotland, visiting the City's Sister City in Dundee, along with some staff members, members of the Sister City Committee and five high school students, and the students were excellent ambassadors representing the City. He said the newspaper content there all read like newspapers in this area, as they are dealing with affordable housing, taxes, budgets, diesel buses, hybrid buses and youth employment.

ORAL REPORT FROM THE CITY MANAGER

The City Manager reported on the following: the City has been named one of 30 finalists from across the United States for the National Civic League 2005 All-America City Award competition and the 30 finalists will participate in a final round of the All-America City competition in Atlanta in June; the City conducted Spring Clean Up 2005, and the City collected 951,306 pounds or 475.6 tons of trash and debris, 256,853 pounds or 128 tons of "white" goods and metal, 96,000 pounds or 48 tons of rocks and bricks, for a total of 1,304,159 pounds; this Saturday, April 30, is Rebuilding Together Alexandria, formerly known as Christmas in April, and the City has a team involved.

ORDINANCES AND RESOLUTIONS

28. Consideration of a Resolution Authorizing the Issuance of Bonds by the Industrial Development Authority of the City of Alexandria for the American Correctional Association. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated April 18, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 4/26/05, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously by roll-call vote, City Council adopted the resolution authorizing the issuance of bonds by the IDA for the American Correctional Association. The voting was as follows:

Pepper "aye" Krupicka "aye"
Gaines "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

The resolution reads as follows:

RESOLUTION NO. 2145

RESOLUTION OF THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA

WHEREAS, the Industrial Development Authority of the City of Alexandria ("Authority") has considered the application of The American Correctional Association ("Association"), an organization which is not organized exclusively for religious purposes and is described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended ("Code"), requesting the issuance of the Authority's taxable revenue bonds in an amount not to exceed $2,500,000 and the Authority’s tax-exempt revenue bonds in an amount not to exceed $8,000,000 (collectively, the "Bonds") to assist the Association in: (i) purchasing or refinancing and renovating and equipping of an existing office building located at 206 N. Washington Street, in Alexandria, Virginia, along with two additional parking lots at 298 and 304 Columbus Street, Alexandria (collectively, the "Facility"); and (ii) funding issuance costs, working capital and certain interest payments in connection with the Bonds (collectively, the "Project");

WHEREAS, Section 147(f) of the Code provides that the governmental unit 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;

WHEREAS, the Authority issues its bonds on behalf of the City of Alexandria, Virginia ("City"); the Facility is located in the City and the City Council of the City (the "Council") constitutes the highest elected governmental unit of the City;

WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and

WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the City.

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

The Council approves the issuance of the Bonds by the Authority for the benefit of Association, as required by Section 147(f) of the Code and Section l5.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code"), to permit the Authority to assist in the financing and refinancing of the Project.

The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Facility or Association, and, as required by Section 15.2 - 4909 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 moneys pledged therefore, 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.

This resolution shall take effect immediately upon its adoption.

29. Consideration of a Resolution Authorizing the Issuance of Bonds by the Industrial Development Authority of the City of Alexandria for the Episcopal High School. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated April 20, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 4/26/05, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council adopted the resolution authorizing the issuance of bonds by the IDA for the Episcopal High School. The voting was as follows:

Gaines "aye" Krupicka "aye"
Pepper "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

The resolution reads as follows:

RESOLUTION NO. 2146

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA

WHEREAS, the Industrial Development Authority of the City of Alexandria (the "Authority"), has considered the application and plan of financing of Protestant Episcopal High School in Virginia (the "Borrower"), a 501(c)(3) organization not organized exclusively for religious purposes requesting that the Authority issue up to $17,000,000 of its revenue bonds (the "Bonds"), in one or more series at one time or from time to time, to assist the Borrower in financing or refinancing (the "Plan of Financing") (a) the acquisition, construction, equipping, expansion, renovation and enlargement of the educational facilities of the Borrower, all located or to be located at the campus of the Borrower consisting of approximately 135 acres at 1200 North Quaker Lane in the City of Alexandria, Virginia (the "Facility"), including: (1) the renovation, construction and equipping of improvements to and expansion of existing academic facilities in the approximately 12,000 square foot Hummel Learning Center and the approximately 15,000 square foot Williams West Wing, (2) the construction, renovation and equipping of portions of the Borrower’s landscaping, walks, roadways and parking areas, and (3) other capital improvements at the Facility; and (b) the refunding of all or a portion of the outstanding amount of the Authority's Educational Facilities Revenue Bonds (Episcopal High School), Series 1999, which were issued to finance the construction, acquisition, renovation and equipping of improvements at the Facility, including without limitation a fine arts center, dormitories and housing, athletic facilities and campus landscaping, walkways, roads and parking.

WHEREAS, the Authority has held a public hearing on the Borrower’s application and Plan of Financing on April 19, 2005;

WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit 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;

WHEREAS, the Authority issues its bonds on behalf of the City of Alexandria, Virginia (the "City"), the Facility is located in the City and the City Council of the City of Alexandria, Virginia (the "Council") constitutes the highest elected governmental unit of the City;

WHEREAS, the Authority has recommended that the Council approve the Plan of Financing and the issuance of the Bonds; and

WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds pursuant to the Borrower’s Plan of Financing, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Council.

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

1. The Council approves the Plan of Financing and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section l5.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code") to permit the Authority to assist in its Plan of Financing.

2. The approvals of the Plan of Financing and the issuance of the Bonds do not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Financing or the Borrower.

3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103-2(f)(1), 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.

30. Consideration of a Resolution Authorizing the Issuance of Bonds by the Industrial Development Authority of the City of Alexandria for the American Statistical Association. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated April 19, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 4/26/05, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Macdonald, seconded by Councilman Gaines and carried unanimously by roll-call vote, City Council adopted the resolution authorizing the issuance of bonds by the IDA for the American Statistical Association. The voting was as follows:

Macdonald "aye" Pepper "aye"
Gaines "aye" Krupicka "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

The resolution reads as follows:

RESOLUTION NO. 2147

RESOLUTION OF THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA

WHEREAS, the Industrial Development Authority of the City of Alexandria ("Authority") has considered the application of the American Statistical Association ("ASA"), an organization which is not organized exclusively for religious purposes and is described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended ("Code"), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $6,920,000 ("Bonds") to assist ASA in financing (i) the costs of acquiring, renovating and equipping ASA’s national headquarters building located at 732 N. Washington Street and three separate lots for parking with the addresses of 710 N. Madison Street, 806 N. Columbus Street and 815 N. Columbus Street in Alexandria, Virginia (the "Facility"); (ii) the costs of funding a debt service reserve fund, working capital, capitalized interest; and (iii) the costs associated with the foregoing, including credit enhancement fees, other eligible expenditures, and the costs of issuance in connection with the Bonds (collectively, the "Project");

WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and

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

1. The Council approves the issuance of the Bonds by the Authority for the benefit of ASA, as required by Section 147(f) of the Code and Section l5.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code"), to permit the Authority to assist in the financing and refinancing of the Project.

2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Facility or ASA, and, as required by Section 15.2 – 4909 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 moneys pledged therefore, 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. This resolution shall take effect immediately upon its adoption.

OTHER

31. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated April 21, 2005, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 4/26/05, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Gaines, seconded by Councilman Macdonald and carried unanimously, City Council received a revised calendar for April through June, 2005, which includes: a change in the date and time for the June public hearing meeting from Saturday, June 18 at 9:30 a.m. to Tuesday, June 21 at 4:00 p.m., in the Council Chambers. The voting was as follows:

Gaines "aye" Pepper "aye"
Macdonald "aye" Krupicka "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

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NEW BUSINESS ITEM NO. 1: Mayor Euille reminded Council that there will be a work session tomorrow night at 7:00 p.m. There will be a work session on Monday, May 2, 2005, at 6:00 p.m., followed by the formal budget adoption and setting of the tax rates.

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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Pepper, seconded by Councilwoman Woodson and carried unanimously, City Council adjourned the regular meeting of April 26, 2005, at 8:57 p.m. The voting was as follows:

Pepper "aye" Gaines "aye"
Woodson "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Smedberg "aye"

APPROVED BY:

__________________________ WILLIAM D. EUILLE MAYOR

ATTEST:

_____________________________________
Jacqueline M. Henderson, CMC City Clerk

This docket is subject to change.

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

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

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