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Regular Meeting
Tuesday, February 10, 1998 - - 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: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Boyd, Director of Citizen Assistance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Mr. Caton, Legislative Director; Fire Chief Hawkins; Mr. McMahon, Deputy Director of General Services; Ms. Steele, Deputy City Manager; Ms. O'Regan, Director of Human Services; Mr. Neckel, Director of Finance; Ms. Davis, Director of Housing; Mr. Sanderson, Director of Real Estate Assessments; Ms. Federico, Director of Historic Alexandria; Police Chief Samarra; Mr. Ransom, Special Assistant to the City Manager; Mr. Smith, Planner, Planning and Zoning; and Lieutenant Butler, Police Department.

Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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At 6:00 p.m. in the Council Workroom, City Council held a work session with Congressman James P. Moran to discuss pending federal legislation of interest to the City.

The discussion was centered around the City Manager's memorandum dated February 4, 1998, which gave a summary of the issues that are of interest to the City. The Mayor and Members of Council, Congressman Moran, City Manager Lawson, Human Services Director O'Regan and Legislative Director Caton participated in the discussion.

The work session was concluded at approximately 7:28 p.m.

(Materials pertaining 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.)
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OPENING

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

The Invocation was pronounced by Chaplain John Poffenberger of Good News Mission, Alexandria Jail.

3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, City Council approved the Minutes of (a) the Public Hearing Meeting of January 24, 1998, and (b) the Regular Meeting of January 27, 1998, as submitted. The voting was as follows:

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

4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, City Council received the report of the City Clerk dated February 3, 1998, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/10/98, and is incorporated herewith as part of this record by reference. The voting was as follows:

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

5. Presentation of Proclamation Declaring February as American History Month in the City of Alexandria. (Mayor Donley)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 2/10/98, and is incorporated herewith as part of this record by reference.)

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

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

New Business Item No. 1: Councilwoman Pepper spoke to the recent passing of a long-time City advocate, Ben Brenman. She extended sympathy and condolences to his family.

Mayor Donley also extended his condolences and indicated that Ben will be sorely missed.


Vice Mayor Euille announced that a scholarship fund will be established in Ben Brenman's memory. He offered condolences to the family.

Council Member Walker noted that for those who were unable to attend his services today that there will be a memorial service for Ben in the near future.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (6 - 8) (13)

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

(a) Alexandria Potomac West Alliance Board of Directors
William Miller

(b) Alexandria Social Services Advisory Board
Tara Mulvey Dacey
Carla Menares-Bury

(c) Alexandria Traffic and Parking Board
H. Michael Curry

(d) Alexandria Transportation Safety Commission
H. Michael Curry

(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 Nos. 6 (a-d); 2/10/98, and is incorporated herewith as part of this record by reference.)

7. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Archaeological Commission
1 Representative From Planning District I

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

(c) Alexandria Environmental Policy Commission
1 Member From the Field of Ecology

1 Student Attending High School in the City of Alexandria

(d) Alexandria George Washington Birthday Celebration Committee
1 Member Nominated by the T.C. Williams High School Band Boosters

(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. 7 (a-d); 2/10/98, and is incorporated herewith as part of this record by reference.)





8. Consideration of Request to Vacate Two Positions on the Alexandria Convention and Visitors Association, Inc. Board of Governors.

(A copy of the City Manager's memorandum dated January 26, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 2/10/98, and is incorporated herewith as part of this record by reference.)

13. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the City code by changing the title of the individuals responsible for the enforcement of state and City animal control laws in the City from "dog warden" and "deputy dog warden" to "chief animal control officer" and "deputy animal control officer," by providing for the appointment of these officers by City Council, and by clarifying that these officers are authorized to enforce both state and City animal control laws.

(A copy of the City Manager's memorandum dated February 4, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 2/10/98, 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, City Council approved the consent calendar as presented, and noted the deferral of Docket Item No. 13. The City Manager's recommendations are as follows:

6. City Council received the following resignations with regret: (a) William Miller from the Alexandria Potomac West Alliance Board of Directors; (b) Tara Mulvey Dacey and Carla Menares-Bury from the Alexandria Social Services Advisory Board; (c) H. Michael Curry from the Alexandria Traffic and Parking Board; and (d) H. Michael Curry from the Alexandria Transportation Safety Commission; requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

7. City Council (a) appointed David Albright as a Representative From Planning District I to the Alexandria Archaeological Commission; (b) appointed Michael Beattie and Harold Rolf Noer as Citizen Members Who Have Disabilities to the Alexandria Commission on Persons With Disabilities; (c) reappointed Laurence Breaker as a Member From the Field of Ecology and appointed Emma Carter as a Student Attending High School in the City of Alexandria to the Alexandria Environmental Policy Commission; and (d) appointed Cathryn Schmidt as a Member Nominated by the T.C. Williams High School Band Boosters to the Alexandria George Washington Birthday Celebration Committee.

8. City Council declared as vacant the positions for an attraction representative and a restaurant owner/manager representative on the Alexandria Convention and Visitors Association, Inc. Board of Governors, and authorized the Executive Secretary for Boards and Commissions to advertise the vacancies.

13. City Council noted the deferral.

END OF CONSENT CALENDAR

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 (continued)

9. Receipt of the Final Report of the Task Force for Exterior Automatic Teller Machines (ATM) and Automatic Vending Machines (AVM).

(A copy of the City Manager's memorandum dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 2/10/98, and is incorporated herewith as part of this record by reference.)

Mayor Donley, due to his employment with Virginia Commerce Bank, felt compelled to abstain from consideration of this issue since it has the potential to relate to his employer. He recused himself from the discussion and vote on this item.

There was considerable discussion on this item.

WHEREUPON, a motion was made by Councilman Speck, seconded by Council Member Walker to receive the report, accept the recommendations and include the recommendation on special use permits, and send this back to the Board of Architectural Review.

THEREUPON, a substitute motion was made by Council Member Rich, seconded by Councilwoman Pepper to adopt the City Manager's recommendation.

WHEREUPON, a motion was made by Council Member Rich, seconded by Councilwoman Pepper to substitute the above motion for the main motion; which motion FAILED on a vote of 3-to-3. The voting was as follows:

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

Councilman Speck withdrew his original motion.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 4-to-2, City Council deferred this item. The voting was as follows:

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



10. Consideration of Housing Trust Fund Loan to the Alexandria Redevelopment and Housing Authority for Payment of Outstanding Real Estate Taxes and Forgiveness of Outstanding Payment in Lieu of Taxes (PILOT). (#18 1/27/98)

(A copy of the City Manager's memorandum dated February 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 2/10/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Flachs' fax dated February 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 2/10/98, and is incorporated herewith as part of this record by reference.

A copy of Ms. Davis' memorandum dated February 9, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 10; 2/10/98, and is incorporated herewith as part of this record by reference.

A copy of a draft verbatim transcript for this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 10; 2/10/98, and is incorporated herewith as part of this record by reference.)

There was considerable dialogue on this item by the Members of City Council, staff and ARHA staff.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council approved the City Manager's recommendations and (1) approved the allocation of $937,019 in Housing Trust Fund monies to the Alexandria Redevelopment and Housing Authority (ARHA) to enable ARHA to pay the outstanding property taxes on 60 housing units at Quaker Hill, to be repaid to the City's Housing Trust Fund with 3% interest by August 15, 2006, with the understanding that if ARHA is unable to repay the full amount at that time, arrangements can be made to extend the remaining portion of the loan; and (2) forgave the repayment of approximately $836,669 owed to the City by ARHA for Payment in Lieu of Taxes (PILOT) on its assisted housing units for the period 1990 through 1997, pending ARHA's provision of an audit and other satisfactory documentation to the City for its 1997 figure, with the following amendments: that Council revisit this particular issue on a semi-annual basis, and at that time, Council is to receive some type of status report about what the current status is on tax payments that are made in the future; whether there are any operating deficiencies or any operating surpluses that potentially could be used to escrow or repay this particular debt as it goes off into the future; and that Council will eventually be working on a couple of potentially large projects, i.e., redevelopment of the Berg. The voting was as follows:

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





New Business Item No. 2: Councilman Speck acknowledged the recent actions of Detective Victor Ignacio for his recent assistance to a tourist from Texas when the tourist's rental car was towed and impounded. When the tourist did not have enough money to cover the costs and was unable to access an ATM, Detective Ignacio gave the gentlemen $100 to assure that they would not experience any more hardship while on vacation. The gentleman wrote a letter of commendation to the Chief of Police and provided the Chief with a detailed report.

Councilman Speck did not want Detective Ignacio's act of kindness to go unnoticed, and indicated that Council is very grateful for his actions.

Mayor Donley told Detective Ignacio that this kind of public service is the pinnacle of public service, and he thanked him.

(A copy of the City Manager's letter dated January 27, 1998, together with a copy of Detective Ignacio's commendation letter, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of New Business Item No. 2; 2/10/98, and is incorporated herewith as part of this record by reference.)
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11. Consideration of Update Report on Items Before the 1998 General Assembly.

(A copy of the City Manager's memorandum dated February 9, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 2/10/98, and is incorporated herewith as part of this record by reference.)

Mayor Donley spoke to the telecommunications right-of-way legislation and Northern Virginia Transportation Bonds legislation.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the following as recommended by the City Council's legislative subcommittee (Mayor Donley and Council Member Walker): (1) Adopted the positions on legislation that has been introduced in the 1998 General Assembly Session as noted in Attachment 1 of the memorandum; and (2) supported amendments to HB 1117 and SB 566 (Northern Virginia Transportation Bonds) as described in the memo that would (a) authorize the City to pledge a portion of any new telecommunications right-of-way revenue to debt payment for these bonds; and (b) allow the City the flexibility to determine whether to spend the $4.4 million, now allotted in the legislation for King Street Station, for that project or for other Metro capital improvements. The voting was as follows:

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






12. Consideration and approval of the three-year license agreement between the City and Vyvx, Inc., which allows Vyvx to use the public right-of-way of Metro Road to lay conduit and cable that are part of a telecommunications system it is constructing through the City.

(A copy of the City Attorney's memorandum dated February 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 2/10/98, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille directed questions to City Attorney Sunderland and Transportation and Environmental Services Director O'Kane.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council (1) approved the three-year license agreement with Vyvx, Inc., and (b) authorized the City Manager to execute the agreement on behalf of the City. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Vice Mayor Euille announced the upcoming Heritage Tours of the African American Community sponsored by the Alexandria Black History Resource Center. Council was invited to participate in the tour to be held Tuesday, February 17, 2 to 4 p.m., followed by a reception at the Black History Resource Center from 4 to 6 p.m.

(A copy of information pertaining to the above is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. Oral (a); 2/10/98, and is incorporated herewith as part of this record by reference.)

(b) Vice Mayor Euille announced the Alexandria Police Youth Camp Benefit Dance to be held on March 21, 1998. Tickets are available by calling 683-4615 for additional information. The Grease Band will be performing once again.

(c) Vice Mayor Euille noted that the YMCA Youth With Partnership Campaign will be hosting a Presidential salute Fund Raiser on February 16, 1998, from 6 to 8 p.m.

(d) Councilwoman Pepper reminded everyone of the George Washington Birthday Parade on Monday, February 16.

(e) Councilman Cleveland indicated that the recycling trucks need to be repainted.

(f) Councilman Cleveland requested that Planning and Zoning Director Lynn contact Planning Commission Chair Hurd to discuss the Planning Commission schedule and process for review of the Master Plan which should include changes to the Chesapeake Bay Preservation Act, how the process can generate more public debate, and how to incorporate the issues of quality of life that the Environmental Policy Commission and other boards and commissions are working on.

Members of City Council participated in the discussion.

Planning and Zoning Director Lynn will discuss this with Chairman Hurd and report back to Council.

(g) Councilman Cleveland spoke to the upcoming budget process, and various statistics with respect to the City's financial situation.

(A copy of the draft verbatim of the above item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral (g); 2/10/98, and is incorporated herewith as part of this record by reference.)

(h) Council Member Walker invited everyone to support the American Heart Association on Friday, February 13, at the Holiday Inn North, at 8:00 p.m.

ORDINANCES AND RESOLUTIONS (continued)

14. Introduction and First Reading, Passage on First and Second Readings of AN ORDINANCE to adopt Supplement 15 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 Councilwoman Pepper 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" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3977

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. 15," are hereby adopted as and shall constitute "The Fifteenth 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 Fifteenth 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 June 25, 1997, and October 25, 1997, 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 June 25, 1997, and October 25, 1997, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Fifteenth Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992"; nor shall it affect any ordinance adopted after October 25, 1997.

Section 4. That one complete set of pages comprising "The Fifteenth 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: 2/10/98
First Reading: 2/10/98
Second Reading: 2/10/98
Final Passage: 2/10/98
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15. Consideration of Resolution Authorizing the Acquisition of Property at 423 South Reynolds Street for Possible Future Use by the Alexandria Redevelopment and Housing Authority as a Replacement Public Housing Site. (#20 1/27/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated February 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/10/98, and is incorporated herewith as part of this record by reference.)

(General Discussion. Members of City Council and the City Attorney participated in the discussion.)

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried on a ROLL-CALL vote of 6-to-1, City Council (1) approved the acquisition of the property at 423 S. Reynolds Street, in accordance with the terms and conditions of the agreement of sale for possible future use by the Alexandria Redevelopment and Housing Authority (ARHA) as a replacement public housing site for the Samuel Madden Homes, with the understanding that the City will hold the site until ARHA is ready to proceed with redevelopment, and that the terms of the transfer of ownership to ARHA will be negotiated at that time based on the financial resources available to ARHA for the replacement housing, and taking into account the value as determined by an independent appraisal to be obtained by ARHA; (2) allocated $665,000 in Housing Trust Fund monies to be used for acquisition ($635,000), closing costs, and business relocation costs (to be determined), with the understanding that all monies (not to exceed $665,000) received from ARHA related to the transfer of this property, as well as monies received through the leasing of this property, will be returned to the Housing Trust Fund; (3) adopted, by roll-call vote, the resolution authorizing the sale; and (4) authorized the City Manager to execute all necessary documents. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1857

WHEREAS, the City of Alexandria desires to acquire 31,926 square feet of land, more or less, located at 423 South Reynolds Street, within the City of Alexandria, for purposes of the construction of low- or moderate-income housing, the said land being shown on a plat entitled "Boundary Survey Part of Parcel 3509-04-01" dated September 3, 1997, recertified January 8, 1998, and prepared by Holland Engineering, and more particularly described as follows (the "Land"):
WHEREAS, the City of Alexandria is authorized by section 13.01 of its charter to acquire private property by purchase for the purpose of carrying out its powers and duties; and

WHEREAS, the city council is of the opinion that a public necessity exists for the acquisition by the City of Alexandria of the Land for purposes of the construction of low- or moderate-income housing, and so finds; and

WHEREAS, the land records of the City of Alexandria indicate that the owner of the Land is W.R. Manchester, Inc., a Virginia corporation; and

WHEREAS, the city attorney has negotiated, and the city manager has executed, an Agreement of Sale, dated January 7, 1998, for the acquisition of the Land by the City of Alexandria (as amended, the "Agreement"), subject to the approval of the city council; and

WHEREAS, the city council would have authorized acquisition by condemnation of the Land were the voluntary acquisition provided for in the Agreement not achieved;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

1. That, pursuant to the provisions of section 13.01 of the Charter of the City of Alexandria, the Agreement shall be, and hereby is, approved, ratified and confirmed.







2. That the city manager shall be, and hereby is, authorized to execute on behalf of the City of Alexandria such other requisite documents in connection with the settlement of the transaction contemplated by the Agreement, including the lease referenced in paragraph 12 of the Agreement, and, if required, the city clerk is authorized and directed to affix or to cause to be affixed the seal of the city to such documents executed by the city manager and to attest such execution.

3. That the city manager, or her designee, shall be, and hereby is, authorized on behalf of the City of Alexandria to do and perform such things and acts, as she or her designee shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Agreement.
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OTHER

16. Receipt of Viewers Report for Vacation of Public Right-of-way Located at 5005 Duke Street, Alexandria Central Library, and Authorization to the City Attorney to Prepare the Necessary Ordinance. (#8 1/24/98)

(A copy of the Viewers Report dated February 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 2/10/98, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper, and carried unanimously, City Council received the viewers report and authorized the City Attorney to prepare the necessary ordinance. The voting was as follows:

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

17. Receipt of Viewers Report for Vacation of a Portion of the Public Right-of-Way Located at 2310-2318 Mill Road, Mill Race, Old Town Commons, and Authorization to the City Attorney to Prepare the Necessary Ordinance. (#23 1/24/98)

(A copy of the Viewers Report dated February 4, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 2/10/98, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, City Council received the viewers report and authorized the City Attorney to prepare the necessary ordinance. The voting was as follows:

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


18. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated February 4, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 2/10/98, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously, City Council approved the Council schedule and (1) scheduled a work session with the Commission on Persons with Disabilities before Council's Tuesday, March 24 legislative meeting at 6:00 p.m. in the Council Workroom; (2) following the Tuesday, March 24, 6:00 p.m. work session, scheduled a brief update on the new community library at 7:00 p.m. in the Council Workroom; (3) requested staff to report back on the possibility of having a budget work session on April 1 with the School Board and at what location; (4) scheduled a work session with DASH on April 14, at 6:00 p.m. in the Council Workroom; and (5) noted that Councilman Speck will be absent for the Tuesday, June 9 Council Meeting. The voting was as follows:

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

CONTESTED APPOINTMENTS

19. Alexandria Archaeological Commission
1 Member From the Historic Alexandria Foundation

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

NAME ENDORSED BY:

Michael Bradshaw* Historic Alexandria Foundation

*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. 19; 2/10/98, 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 Bradshaw as a Member From the Historic Alexandria Foundation to the Alexandria Archaeological Commission. The voting was as follows:

Donley - Bradshaw
Euille - Bradshaw
Cleveland - Bradshaw
Pepper - Bradshaw
Rich - Bradshaw
Speck - Bradshaw
Walker - Bradshaw
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20. Alexandria Park and Recreation Commission
1 Member From Planning District II

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

NAME ENDORSED BY:

Linda Cheatham Barbara P. Harslem

Kristin Conklin

Jane Dalton

Bruce Dwyer Kirk S. Fedder
Taylor Run Civic Association
* * * * *

(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. 20; 2/10/98, 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 Bruce Dwyer as a Member From Planning District II to the Alexandria Park and Recreation Commission. The voting was as follows:

Donley - Dwyer
Euille - Cheatham
Cleveland - Cheatham
Pepper - Dwyer
Rich - Dwyer
Speck - Dwyer
Walker - Dwyer
* * * * *


21. Alexandria Public Health Advisory Commission
1 Representative of the INOVA Alexandria Hospital Board

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

NAME ENDORSED BY:

Arek Tatevossian*
(Residency Waiver Required) INOVA Alexandria Hospital

*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. 21; 2/10/98, 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 Arek Tatevossian as a Representative of the INOVA Alexandria Hospital Board to the Alexandria Public Health Advisory Commission. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item No. 23 at this time.

23. Consideration of Resolution Establishing a Call to Community Program in Alexandria. (Vice Mayor Euille and Council Member Rich) [ROLL-CALL VOTE]

Council Member Rich and Vice Mayor Euille spoke to this item.

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution. The voting was as follows:

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




The resolution reads as follows:
RESOLUTION NO. 1858

WHEREAS, the Alexandria City Council has consistently opposed all forms of discrimination and racial intolerance, and in 1975 became one of the first local governments in Virginia to enact a Human Rights Ordinance; and

WHEREAS, the Alexandria Human Rights Ordinance prohibits discrimination in employment, housing, public accommodation, credit, health and social services, education, and city contracts on the basis of race, color, gender, age, religion, national origin, ancestry, sexual orientation, marital status, and disability; and

WHEREAS, as Alexandria has grown over the last two decades, its population has become increasingly socially, economically and racially diverse; and
WHEREAS, City Council recognizes the need to encourage open and frank community discussions about race and how to bridge racial divides; and

WHEREAS, City Council recognizes that the national initiative on race, established in June 1997, provides an opportunity for Alexandrians to come together and enter into dialogue on the issues of race and community diversity; and

WHEREAS, in order to accomplish this, City Council wishes to establish a diverse steering committee with broad community representation which will serve as the planning group for an ongoing program to involve the community in 1) discussion of racial and diversity issues and 2) working on projects together to make Alexandria a better integrated community; and

WHEREAS, one of the first initiatives of the Call to Community program will be to involve the youth of the City in cooperative efforts in which City youth from different races, cultures and backgrounds will work together on community projects; and

WHEREAS, this would be accomplished by having a diverse group of Alexandria youths of different faiths, cultures, and races to join with City Council in a “Christmas in April” project; and

WHEREAS, City Council will model its ongoing efforts concerning race relations and community diversity on the national Call to Community program and will urge Alexandrians to support this initiative;

NOW, THEREFORE, BE IT RESOLVED that the City Council endorses initiating the Call to Community program in Alexandria in 1998;

BE IT FURTHER RESOLVED that the City Council hereby authorizes Vice Mayor William D. Euille and Council Member Lonnie C. Rich to establish and co-chair a “Call to Community” Steering Committee to plan the City’s Call to Community Program.

BE IT FINALLY RESOLVED that the co-chairs shall invite a diverse group representative of Alexandria's faiths, races, and cultures to plan this dialogue on race relations which will involve all segments of the Alexandria community.

EXECUTIVE SESSION

22. Convening an Executive Session for the Purpose of Consulting with Legal Counsel Pertaining to Pending Litigation Involving the City, Pursuant to Virginia Code Section 2.1-344(A)(7).

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 10:10 p.m., City Council convened an executive session at this time for the purpose of consulting with legal counsel, pursuant to Virginia Code section 2.1-344(A)(7), regarding litigation that is pending against the City in the Circuit Court for the City of Alexandria and that involves challenges to the real estate tax assessments, for tax years 1991 through 1994, of the commercial properties located at 4900 Seminary Road, and 1500, 1600, 1700, 1800, 1801, 1900, 1901 and 2000 North Beauregard Street, in the City of Alexandria. The voting was as follows:

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

THEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, at 10:25 p.m., City Council reconvened the meeting. The voting was as follows:

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

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

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

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

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





The resolution reads as follows:
RESOLUTION NO. 1859
WHEREAS, on this 10th day of February, 1997, the Alexandria City Council did recess into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried on a vote 6-to-0, at 10:27 p.m., the Regular Meeting of Tuesday, February 10, 1998, was adjourned. The voting was as follows:

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



__________________________________________
KERRY J. DONLEY MAYOR




ATTEST:



_____________________________________________
Beverly I. Jett, CMC City Clerk




This docket is subject to change.

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