Regular Meeting
Tuesday, June 23, 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. Caton, Legislative Director; Fire Chief Hawkins; Mr. McMahon, Deputy Director of General Services; Ms. Steele, Deputy City Manager; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. Neckel, Director of Finance; Ms. Davis, Director of Housing; Ms. Barnett, Deputy Director of Recreation, Parks and Cultural Activities; Mr. Ransom, Special Assistant to the City Manager; Mr. Brannan, Assistant City Manager; Police Chief Samarra; Ms. Federico, Director of Historic Alexandria; Mr. Sudduth, Director of Personnel Services; 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., City Council held a Work Session with the Alexandria Task Force on AIDS regarding needle exchange.
The discussion followed the order of the prepared agenda.
The Work Session was adjourned at approximately 7:45 p.m.
(The Agenda and material pertaining to the above 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 Reverend Tom Holliday, Pastor of Alexandria Presbyterian Church.
3. WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council approved the Minutes of (a) the Regular Meeting of June 9, 1998, as submitted. The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich out of room
Donley "aye" Speck "aye"
Walker out of room
4. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council received theReport of the City Clerk, dated June 16, 1998, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/23/98, and is incorporated herewith as part of this record by reference. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich out of room
Donley "aye" Speck "aye"
Walker "aye"
5. Presentation of Proclamation Commending Washington House and Community Washington House and Declaring Saturday, June 27 as Community Washington House Day in Alexandria. (Councilwoman Pepper)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/23/98, 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, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
6. Presentation of Proclamation in Memory of Francis Taylor Slate. (Councilwoman Pepper)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/23/98, and is incorporated herewith as part of this record by reference.)
Councilwoman Pepper presented the proclamation.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"
7. Presentation of Proclamation Declaring Wednesday, June 24, 1998, as St. John the Baptist Day 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; 6/23/98, and is incorporated herewith as part of this record by reference.)
Mayor Donley presented the proclamation.
Mayor Donley was presented with a $1000 donation to help the City's poor.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Rich "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
8. Introduction of Beth McDonald, Director of Marketing and Member Services, Virginia Municipal League, and Brief Remarks by Ms. McDonald Regarding the Importance of Alexandria's Participation in VML. (Council Member Walker)
Council Member Walker introduced Beth McDonald, Director of Marketing and Member Services, of the Virginia Municipal League.
Ms. McDonald made brief remarks concerning the importance of Alexandria's participation in VML.
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (9 - 18)
WITHOUT OBJECTION, City Council removed docket item nos. 15 and 18 from the Consent Calendar.
9. Receipt of Resignations from Boards, Commissions and Committees:
(a) Alexandria Budget and Fiscal Affairs Advisory Committee
Michael McNair
(b) Alexandria Local Emergency Planning Committee
John R. Hoffman
(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. 9(a-b); 6/23/98, and is incorporated herewith as part of this record by reference.)
10. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria-Caen Exchange Committee
1 Representative From the Public Schools in the City of Alexandria
(b) Alexandria-Gyumri Sister City Committee
3 Citizen Members
(c) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Member Designated by Council Member Lonnie C. Rich
(d) Alexandria Commission for the Arts
1 Member Who Represents Arts Education or Business
Expertise Relative to Arts and Cultural Development
Including Such Perspectives as Marketing, Finance/
Funding, Tourism Promotion and Organizational Development
(e) Alexandria Community Services Board
2 Consumer Members
(f) Alexandria Social Services Advisory Board
1 Citizen Member
(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-f); 6/23/98, and is incorporated herewith as part of this record by reference.)
11. Consideration of Application to the Virginia Department of Environmental Quality, Litter Prevention and Recycling Program, for Funding for the Adopt-A-Park Program.
(A copy of the City Manager's memorandum dated June 8, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/23/98, and is incorporated herewith as part of this record by reference.)
12. Consideration of Early Childhood Commission and Review Committee Recommendations for the Use of FY 1999 Children's Fund Monies.
(A copy of the City Manager's memorandum dated June 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/23/98, and is incorporated herewith as part of this record by reference.)
13. Consideration of the Grant Application to the Virginia Department of Rehabilitative Services for $25,000 for the Development of a Self-Help Directory and Guide for Persons with Disabilities.
(A copy of the City Manager's memorandum dated June 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/23/98, and is incorporated herewith as part of this record by reference.)
14. Consideration and Approval of a Grant Application to the Washington Metropolitan Area Transit Authority for Transportation Subsidies to Low-Income, Newly Employed Residents.
(A copy of the City Manager's memorandum dated June 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/23/98, and is incorporated herewith as part of this record by reference.)
16. Consideration of Renewal Grant Application to the Department of Criminal Justice Services for One Police Department School Resource Officer.
(A copy of the City Manager's memorandum dated June 17, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/23/98, and is incorporated herewith as part of this record by reference.)
17. Consideration of Report on City Employee Compensation Issues.
(A copy of the City Manager's memorandum dated June 19, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/23/98, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Speck and carried unanimously, City Council approved the Consent Calendar as presented, with the exception of docket item nos. 15 and 18, which were considered under separate motions. The City Manager's recommendations are as follows:
9. City Council received the following resignations with regret: (a) Michael MacNair from the Alexandria Budget and Fiscal Affairs Advisory Committee; and (b) John R. Hoffman from the Alexandria Local Emergency Planning Committee; and authorized 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 Kim-Scott Miller as a Representative From the Public Schools in the City of Alexandria to the Alexandria-Caen Exchange Committee; (b) appointed Pamela Schiffleger, Michelle Szepansky, and Bette Yancey as Citizen Members to the Alexandria-Gyumri Sister City Committee; (c) appointed Scott Hodge as a Member Designated by Council Member Lonnie C. Rich to the Alexandria Budget and Fiscal Affairs Advisory Committee; (d) reappointed Steven Shulman as a Member Who Represents Arts Education or Business Expertise Relative to Arts and Cultural Development Including Such Perspectives as Marketing, Finance/Funding, Tourism Promotion and Organizational Development to the Alexandria Commission for the Arts; (e) reappointed Julie Jakopic and appointed Joseph Bury as Consumer Members to the Alexandria Community Services Board; and (f) appointed John Rozzelle as a Citizen Member to the Alexandria Social Services Advisory Board.
11. City Council authorized the City Manager to: (1) submit a grant application to the Virginia Department of Environmental Quality, Litter Prevention and Recycling Program, for funding in the approximate amount of $10,000 for the Adopt-a-Park Program (the exact amount to be determined by the Department of Environmental Quality by August 1, 1998); and (2) execute all necessary documents that may be required. It was noted that there are no additional funds available in the City budget to continue these activities once the grant funds are expended.
12. City Council approved the following: (1) a $35,000 set-aside in continuation funding for the Mount Vernon Head Start site; (2) a $50,000 set-aside, as part of the local match required to draw down $124,200 in state funds, to partially fund the cost of child care for families in the Virginia Preschool Initiative; (3) that the remaining $582,000 be designated to fund 10 projects which provide quality child care and comprehensive services such as child abuse prevention, family support, speech and language services, support services for teen mothers, prenatal services for high-risk pregnant women, training for child care staff on the Child Observation Record (COR) child development assessment tool, and psychological services and transitioning to kindergarten activities for at-risk preschool children; and (4) a policy that unexpended funds from the FY 1999 Children's Fund programs be reallocated to the Crisis Aid Child Care Fund or the Child Day Care Fee System, should the unexpended funds result from an inability to achieve a local match or from position vacancies.
13. City Council authorized the City Manager to submit the grant application for $25,000 to the Virginia Department of Rehabilitative Services and execute all necessary documents that may be required.
14. City Council approved the submission of this grant application to WMATA for transportation subsidies for low-income, newly employed residents.
16. City Council: (1) approved the grant application to the Virginia Department of Criminal Justice Services for a total of $47,597, of which $35,698 would be grant funding from the State, and $11,899 would be the local match, which is available within the FY 1999 Police Department budget; (2) approved the continuation of one full-time grant-funded Police Officer position, contingent upon receipt of grant funding. Continuation of this position beyond the grant year is contingent upon funding from the Virginia Department of Criminal Justice Services or other non-City sources; and (3) authorized the City Manager to execute all necessary documents. It was noted that there are no additional monies available in the City's budget to continue this activity once the grant funds are expended.
17. City Council (1) received the report; and (2) approved the transfer of monies in the amount of $70,079 from the FY 1998 contingent reserves account designated for employee compensation adjustments to the appropriate departments for the compensation adjustments in this report and the compensation adjustments, including career ladders, approved by City Council on March 10, 1998.
END OF CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Euille "aye"
Speck "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"
15. Receipt of the Monthly Financial Report for the Period Ending May 31, 1998.
(A copy of the City Manager's memorandum dated June 15, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/23/98, and is incorporated herewith as part of this record by reference.)
Councilman Cleveland requested a monthly report throughout the summer.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council: (1) received the Monthly Financial Report for the period ending May 31, 1998; (2) authorized the capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Program Planned Expenditure Summary; and (3) delegated to the City Manager, or her designee, authority to award the following contracts to the lowest responsive bidders: (a) replacement of the roof on the Alexandria Residential Care Home; (b) Fort Ward amphitheater stage improvements; (c) Gadsby's Tavern wood shingle roof replacement; (d) miscellaneous roof repairs at City facilities; (e) replacement of the fuel pump/dispenser at the Wheeler Road and Mill Road refueling facilities; and (f) renovations to the Payne Street Records Center (HVAC, Americans with Disabilities Act improvements, and roof replacement). The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich out of room
Donley "aye" Speck "aye"
Walker "aye"
18. Consideration of a One-Year Lease of the Colasanto Center Located at 2704 Mount Vernon Avenue by the Del Ray Artisans.
(A copy of the City Manager's memorandum dated June 18, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/23/98, and is incorporated herewith as part of this record by reference.)
Councilman Euille directed questions to staff.
WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Euille and carried unanimously, City Council authorized the City Manager to enter into a one-year lease (July 1, 1998 - June 30, 1999) of the Colasanto Center located at 2704 Mount Vernon Avenue, between the Del Ray Artisans and the City. The voting was as follows:
Walker "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
19. Consideration of Naming the New Alexandria Central Library and the East End Park at Cameron Station. (Councilman Speck and Councilwoman Pepper)
(A copy of the City Manager's memorandum dated June 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/23/98, and is incorporated herewith as part of this record by reference.)
Councilman Speck spoke to this item and encouraged persons to submit to the Council a brief narrative of person(s) who might have been forgotten and are worthy of recognition.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Speck and carried unanimously, City Council, as recommended by the City Facilities Naming Committee: (1) approved the naming of the new central library on Duke Street in honor of former Mayor Charles E. Beatley, Jr., hereafter to be known as the "Charles E. Beatley, Jr., Central Library"; (2) approved the naming of the east end park at Cameron Station in honor of the late Col. Ben Brenman (US Army-ret) hereafter to be known as "Ben Brenman Park"; and (3) approved, in accordance with City Council's adopted Policy on Naming of City Facilities, the commissioning of appropriate plaques, one to be erected at or near the entrance to the library to commemorate the contributions of former Mayor Beatley, and a second plaque to be placed at an appropriate location within Ben Brenman Park to commemorate the contributions of the late Col. Brenman. The voting was as follows:
Pepper "aye" Euille "aye"
Speck "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"
20. Consideration of Authorizing the City Manager to Enter into a Five-Year Agreement with the Vendors of Publications on City Rights-of-way to Regulate the Appearance, Location, and Maintenance of Newsracks on King Street from the Unit Block through and Including the 1000 Block; Union Street and Washington Street for One Block North and South of King Street, and All Other Cross Streets (Through and Including Henry Street) for One-Half Block North and South of King Street. (Councilman Speck)
(A copy of the City Manager's memorandum dated June 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 6/23/98, and is incorporated herewith as part of this record by reference.)
Councilman Speck requested the City Manager to delegate the most appropriate staff for supervising this project.
Vice Mayor Euille indicated that this should not be solely restricted to Old Town, but also include Mount Vernon Avenue and other parts of the City and with staff monitoring.
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council authorized the City Manager to sign the voluntary agreement covering a five-year term beginning July 1, 1998. The voting was as follows:
Speck "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Walker "aye"
21. Consideration of the City Entering into Negotiations with Starpower, Other Competitive Local Exchange Carriers and Any Other Companies Which Provide an Open Video Service (OVS) While Detailed Proposals are Being Developed by These Groups. (Council Member Rich)
(A copy of Council Member Rich's memorandum dated June 15, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/23/98, and is incorporated herewith as part of this record by reference.)
Council Member Rich spoke to this item and indicated that he is satisfied that Starpower has had further discussions with staff and its concerns have been clarified by the appropriate staff. He stressed that this is not just for Starpower, but that it is important to the City that the industry be broadly recognized, provide competition, and the City welcomes them.
City Manager Lawson spoke to this issue.
No Council action was necessary on this item.
22. Presentation on New Type of Trash Can to be Introduced in the Lower King Street Retail Area. (Councilman Speck)
Councilman Speck spoke to this item. He indicated that this is going to be one of the first examples in very specific ways public/private partnerships are going to be developing because this is an instance where we are going to be going to members of the community, particularly the business community, inviting them to contribute to the cost of the cans that will be placed in the vicinity of their businesses. Each can will be marked with an appropriate plaque that will identify the donor. This will initially be tested in the lower area of King Street. If it is as successful as we think it will be, the plan is to expand it throughout the City on a regularly scheduled basis.
Director of Transportation and Environmental Services Director O'Kane described the can as very durable and answered questions asked by Members of City Council.
No Council action was necessary on this item.
23. Consideration of the Three-Year Marketing Plan (Fiscal Years 1999-2001) for the City of Alexandria Developed by the Alexandria Economic Development Partnership, Inc. and the Alexandria Convention and Visitors Association. (Mayor Donley and Councilman Speck)
(A copy of Mayor Donley and Councilman Speck's memorandum dated June 19, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/23/98, and is incorporated herewith as part of this record by reference.)
Mayor Donley and Councilman Speck spoke to this item.
Councilman Speck requested the City Manager to report back with respect to space issues for a greatly expanded and fully equipped Visitor's Association Headquarters.
Vice Mayor Euille asked that the 250th Anniversary Celebration be part of the Plan, as well as public relations marketing.
Mayor Donley spoke to a fund-raiser program.
Council Member Walker requested staff to report back on what other cities have done on similar anniversaries.
City Manager Lawson will report back to Council on issues raised.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Speck and carried unanimously, City Council received the marketing plans from the Alexandria Economic Development Partnership, Inc., and the Alexandria Convention and Visitors Association; and (2) scheduled a work session before the second legislative meeting in September with the Alexandria Economic Development Partnership, Inc. and the Alexandria Convention and Visitors Association to discuss the Three-Year Marketing Plan for the City of Alexandria and the recommendations from the Alexandria Convention and Visitors Association Funding Task Force. The voting was as follows:
Euille "aye" Cleveland "aye"
Speck "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"
24. Consideration of Interjurisdictional Funding Agreement with the Washington Metropolitan Area Transit Authority (WMATA). (Mayor Donley)
(A copy of the City Manager's memorandum dated June 18, 1998, together with the agreement, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 24; 6/23/98, and is incorporated herewith as part of this record by reference.)
Mayor Donley spoke to this item and indicated that the City Attorney and City Manager will review the agreement prior to its execution.
WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council approved the IFA in principle and authorized the Mayor to execute the agreement on behalf of the City when it is finalized. The voting was as follows:
Walker "aye" Euille out of room
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck out of room
25. Receipt of the Environmental Policy Commission's Report on Environmental/Quality of Life Issues in the City of Alexandria.
(A copy of the City Manager's memorandum dated June 17, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/23/98, and is incorporated herewith as part of this record by reference.
A copy of a draft verbatim transcript is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council (1) received the Environmental Policy Commission's report and thanked the Commission for its time and effort in preparing the report and bringing these issues to the Council's attention; (2) requested the City staff to (a) review and comment on the EPC's recommended priorities and the associated cost estimates, and, where such cost information is not provided, to develop reasonable cost estimates; (b) work with the EPC over the summer and early fall to further develop alternatives for implementing the priorities identified in the report; and (c) forward City staff's analysis, recommendations and cost estimates in a report to City Council in the fall; (3) scheduled the Environmental Summit on October 31, 1998; and (4) requested City staff to assist the EPC in developing the agenda for the summit, established a small working group to include Council Member Rich and Council Member Walker to work with the EPC and representatives of the City staff about some of the smaller items in the report that have been recommended that can be implemented now and to undertake the initial planning on how the Environmental Summit will be conducted, and update Council over the summer. The voting was as follows:
Rich "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"
26. Receipt of Semi-Annual Report from the Cameron Valley Limited Partnership.
(A copy of the City Manager's memorandum dated June 8, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a vote of 6-to-0, City Council received this report. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker out of room
27. Consideration of the One-Year Action Plan (July 1, 1998 - June 30, 1999) for the Consolidated Plan for Housing and Community Development and Required Budget Transfers. (#17 6/13/98)
(A copy of the City Manager's memorandum dated June 17, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/23/98, and is incorporated herewith as part of this record by reference.)
Council Member Walker requested staff to convene a group to see what steps can be made to market the Homeownership Policy so that more people stay in the City. Staff to provide notice to real estate groups and to advertise the Policy.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council (1) approved and authorized the submission of the One-Year Action Plan, which includes the budgets and funding applications for the CDBG and HOME Program for the City's Fiscal Year (FY) 1999, to the U.S. Department of Housing and Urban Development (HUD); (2) approved the transfer of up to $185,677 in carryover monies, as listed below. All monies recommended for transfer are CDBG monies, unless otherwise noted.
TRANSFERS OF CARRYOVER MONIES
Transfer From: | Amount | Transfer to: | Amount |
Micah/Fayette Court
Loan Repayments | 54,587 | Home Rehabilitation Loan | $163,153 |
Community Housing
Resources Board | 5,000 | Potomac West Business
Assistance Loan Program | 15,762 |
Low/Moderate Housing | $103,566 | Program Administration | 6,762 |
Applications for
Federal Programs | 6,762 | | |
Mount Vernon Ave. Commercial
Loan Repayments* | 15,762 | | |
| | | |
TOTAL FROM | $185,677 | TOTAL TO: | $185,677 |
* Non-federal funds.
The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
28. Receipt of the Final Report from the Fayette Court Corporation and Consideration of Partial Forgiveness of Loans Made to the Previous Owner of the Fayette Court Property.
(A copy of the City Manager's memorandum dated June 15, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/23/98, and is incorporated herewith as part of this record by reference.)
Council Member Walker spoke to this item and pointed out verbiage on page 9 of the report pertaining to the lessons learned on Fayette Court.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council: (1) received the final report of the Fayette Court Corporation; (2) accepted the sum of $1,358,002 (already received) as full repayment of the $1,458,002 in City and Alexandria Development Corporation loans initially made to Micah Housing, Inc., and transferred to the Fayette Court Corporation when the latter assumed ownership of the Fayette Court property in August 1995, and forgave $100,000 in principal (of the Community Development Block Grant portion of the loan) and $109,692 in outstanding interest, with the understanding that any funds remaining in Fayette Court accounts at the end of the unit warranty period in May 2000 be returned to the Office of Housing. (The City has also received full repayment of the $100,000 Housing Trust Fund loan to the Fayette Court Corporation); and (3) approved the return to the Housing Trust Fund of $513,258 in unused homeownership assistance monies allocated for assistance to Fayette Court purchasers. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
29. Consideration of Revised Guidelines for Sponsoring Major Events in Old Town.
(A copy of the City Manager's memorandum dated June 18, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/23/98, and is incorporated herewith as part of this record by reference.)
The Mayor and Members of City Council, City Manager Lawson, Assistant City Attorney Pessoa, Recreation, Parks and Cultural Activities Deputy Director Barnett, and Deputy City Manager Steele participated in the discussion on this item.
Council Member Rich suggested that applicants be notified that this policy is subject to be revised within a year.
Councilman Speck requested a brief update after September 20th on how it went.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a vote of 6-to-1, City Council (1) received the proposed revised guidelines for sponsoring major events in Old Town to become effective January 1, 1999; (2) redefined a major event to include both public and private outdoor events held on public property attracting 500 or more people; and (3) requested staff to disseminate these guidelines to all interested organizations, and requested staff to return to the City Council with a status report in a year, and if there are any difficulties or problems during the year, staff was requested to docket immediately. The voting was as follows:
Pepper "aye" Cleveland "no"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
30. Consideration of Referral to the City's Naming Committee the Renaming of the Park Parcels Known as Pommander Walk, Potomac View Park, Gibbon and Wilkes Street Ends and the Old Town Yacht Basin Site as One Park and Consideration of the Concept Plan for the Future Development of This Area.
(A copy of the City Manager's memorandum dated June 17, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/23/98, and is incorporated herewith as part of this record by reference.)
The Mayor and Members of City Council, City Attorney Sunderland, Urban Planner Cox, and Landscape Architect Brownstein participated in a discussion on this item.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council deferred this item until the fall and set the concept plan for public hearing on September 12, 1998. [There will be no public hearing on the renaming.] The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
31. Receipt of the Alexandria Human Rights Commission's FY 1997 Report on Citizen Appointments to City Boards and Commissions.
(A copy of the City Manager's memorandum dated June 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council (1) received the report; (2) thanked the members of the Human Rights Commission for their work on behalf of the City; and (3) adopted the following recommendations of the Human Rights Commission: (a) The Commission would like to continue to work with the Citizen Assistance Office to expand community outreach efforts and to work toward educating more of Alexandria's citizens about vacancies on and the process of applying to the City's various boards and commissions. The Commission would like to target outreach efforts to the Hispanic community, a rapidly growing segment of this City which does not have a great deal of representation on boards and commissions; and (b) in an effort to get more complete data from which to conduct studies such as this, the Commission proposes to make efforts to obtain data from all individuals who succeeded in gaining appointment to a board or commission in the 1998 fiscal year. This will enable the Commission to provide a more accurate picture of the race/ethnicity, gender, and disability status of all those appointed. The voting was as follows:
Pepper "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
32. Receipt of Annual Utilization Analysis Report and Applicant Tracking System Report for Fiscal Year 1997.
(A copy of the City Manager's memorandum dated June 18, 1998, together with the report, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/23/98, and is incorporated herewith as part of this record by reference.)
Council Member Walker requested figures from other jurisdictions with respect to minorities and female employees. She also raised concerns about child care, flextime, family-friendly policies.
The staff will schedule a City Council work session in January and disseminate this information to City staff.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council received the report. The voting was as follows:
Pepper "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley out of room Speck "aye"
Walker "aye"
33. Consideration of the Alexandria Community Services Board's FY 1999 Plan of Services Including the Program Evaluation Plan and the Performance Contract, FY 1999-2000 Plan to Meeting Identified Needs of Alexandrians with Mental Disabilities, and FY 1999-2003 Proposed Housing Plan.
(A copy of the City Manager's memorandum dated June 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/23/98, and is incorporated herewith as part of this record by reference.)
The Mayor and Members of Council and Mental Health, Mental Retardation and Substance Abuse Director Claiborn participated in a discussion on this item.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council (1) approved the Board's amended FY 1999 Plan of Services to incorporate: (a) modifications to the Program Evaluation Plan and (b) the Performance Contract with the State including $115,324 of additional State funds; (2) approved the Board's FY 1999 - 2000 Plan to meet identified needs of Alexandrians with mental illness, mental retardation or a substance abuse problem and authorized the Board to seek funding to meet the identified needs subject to Council's approval; and, (3) approved the Board's proposed FY 1999 - 2000 Housing Plan and authorized the Board to seek funding to implement the plan subject to Council's approval. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
34. Consideration of a Transfer of $20,000 from FY 1998 Contingent Reserves for a Grant to the Stabler-Leadbeater Apothecary Museum for the Second Half of FY 1998.
(A copy of the City Manager's memorandum dated June 15, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/23/98, and is incorporated herewith as part of this record by reference.
A copy of Mr. Hart's letter dated June 19, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 34; 6/23/98, and is incorporated herewith as part of this record by reference.)
Mayor Donley indicated that a small group will meet in July to continue to work with them to work out what is a suitable structure in terms of ownership, operation and financing.
Members of Council and City Manager Lawson participated in a discussion on this item with respect to a public/private partnership.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council: (1) approved the transfer of $20,000 from the FY 1998 contingent reserve account (#103556-2707) to provide a grant to the Stabler-Leadbeater Apothecary Museum for the second half of FY 1998; (2) received the proposal from the Stabler-Leadbeater Apothecary Museum for the development of a public/private partnership for the long-term support and operation of the Museum; and (3) requested that staff, in conjunction with the Apothecary Museum representatives, the pharmaceutical industry representatives, the Historic Alexandria Resources Commission (HARC) and other interested groups, develop alternative proposals for consideration, such as a matching dollar for dollar challenge grant for the capital renovation costs for this Museum, and to develop a plan for the continued private ownership and operation of the Museum. Staff would return to City Council in the context of the FY 2000-FY 2005 capital improvement program with a recommendation for a City capital contribution and an alternative public-private partnership plan for the Museum. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Vice Mayor Euille spoke to the Kiss and Ride response from the City Attorney. He asked the City Manager to work with WMATA to get them to see the light or otherwise, we may decide to invoke a new ordinance to correct the problem.
(b) Vice Mayor Euille encouraged persons to make donations to the Alexandria Red Cross. This year's Waterfront Festival suffered a revenue shortfall.
(c) Councilman Cleveland encouraged persons to attend the Potomac Yard Community meetings which will be held on the following dates: July 1, July 8 and July 14. The discussions will include items like economic feasibility, open space, density and land use. All of the meetings will be held at the Holiday Inn Suites of Old Town, in the Commonwealth Ballroom, at 625 First Street, Alexandria.
(d) Councilman Cleveland would like the trees and shrubs trimmed at Juniper Place and North Jordan Street.
(e) Councilwoman Pepper requested that staff try to recruit another town crier and report back to Council.
(f) Councilwoman Pepper spoke to the World Congress on Technology.
(g) Council Member Walker noted that she attended the World Technology Congress today.
(h) Council Member Walker indicated that the Youth Policy Commission Workshop held this past Saturday will be rebroadcast on Channel 10 from 5 to 8 p.m. on Saturday, June 27.
(i) Council Member Walker announced that the Advisory Committee to the American Heritage Rivers Initiative finished its work and the Potomac River tied for First Place and received the most committee votes of any river in the nation.
(j) Council Member Walker noted that this Saturday, June 27, at 8:30 a.m., WMATA will sponsor the presentation of the King Street Station Pedestrian Access Study at the Masonic Temple. Many people attended last November. This will be the report of recommended changes.
(k) Council Member Walker indicated that she has been receiving donations to the Animal Welfare League in response to a note she had written to those who had written to Council about the Animal Shelter. She noted that anyone who wishes to make a donation to the Animal Shelter, please send it to the Alexandria Animal Welfare League, 910 South Payne Street, Alexandria, VA 22314. The checks should be made to the Alexandria Animal Welfare League.
(l) Councilman Speck spoke to accessibility of City offices after hours. He requested staff to report back with respect to satellite government offices.
(m) Councilman Speck noted that demolition had begun on the old Roy Rogers Restaurant at Bradlee Shopping Center. He requested a status report on renovations of the shopping center and improvement of the traffic pattern.
Transportation and Environmental Services Director O'Kane responded to his concerns.
(n) Councilman Speck spoke to the parking of taxis on Pickett Street and wanted to know if there was some resolution of this problem.
(o) Councilman Speck reported on his visit to the Alexandria Sanitation Authority.
(p) Councilman Speck asked that staff develop a way to display photos of previous City Managers and Mayors in the Council workroom.
* * * * *
ORDINANCES AND RESOLUTIONS
35. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Ordinance No. 3943, enacted June 24, 1997, which authorized the issuance, sale and delivery of bonds by the city to finance various public improvements, by increasing the principal amount of authorized bonds from an amount not to exceed $45 million to an amount not to exceed $60 million. (#30 6/9/98) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated June 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/23/98, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-1, City Council finally passed the Ordinance on its Second Reading and Final Passage. The voting was as follows:
Rich "aye" Euille "aye"
Pepper "aye" Cleveland "no"
Donley "aye" Speck "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 4017
AN ORDINANCE to amend and reordain Ordinance No. 3943, enacted on June 24, 1997, (1) which authorized and empowered the issuance, sale and delivery by the City of Alexandria, pursuant to Chapter 5.1, Title 15.1 (now Chapter 26, Title 15.2) of the Code of Virginia (1950), as amended (the "Public Finance Act of 1991"), of bonds the proceeds of which are to be disbursed for the public purpose of providing funds to finance various capital improvement projects described in the City's capital improvement budget, including: the construction, renovation and equipping of public buildings and school buildings; the acquisition, installation, replacement and upgrade of traffic signal equipment; contributions to the Washington Metropolitan Area Transit Authority for bus and rail capital improvement costs; the construction of other public improvements; and the acquisition of necessary or desirable equipment and interests in land; (2) which showed compliance with the limitations on the power of the City to incur indebtedness; (3) which contained the City's election to issue such bonds pursuant to the Public Finance Act of 1991; (4) which determined the method for the sale and provided for the form of such bonds; (5) which authorized the City Manager to determine certain details with respect to the sale of the bonds; (6) which provided for the levy and collection of all taxes, charges and assessments necessary for the payment of the principal and interest on the bonds when due, and pledged the full faith and credit of the City to the payment of said principal and interest; (7) which covenanted that the proceeds of the bonds would not be used in a manner to cause the bonds to be arbitrage bonds; and (8) which provided generally for various other matters relating to the authorization, issuance, sale and delivery of the bonds; said amendment (a) to increase the amount of the bonds authorized to be issued, sold and delivered by the City from an aggregate principal amount not to exceed Forty-Five Million Dollars ($45,000,000) to an aggregate principal amount not to exceed Sixty Million Dollars ($60,000,000), (b) to delete as an appropriate use of the bond proceeds contributions to the Washington Metropolitan Area Transit Authority for bus and rail capital improvement costs, and the installation, replacement and upgrade of traffic signal equipment, mass transit buses and equipment, and (c) to revise the estimated allocations of the bond proceeds among various capital projects.
WHEREAS, on June 24, 1997, City Council enacted Ordinance No. 3943 which authorized the issuance, sale and delivery by the City of general obligation bonds in the aggregate principal amount not to exceed $45,000,000, the proceeds of which are to be disbursed for various capital improvement projects; and
WHEREAS, Ordinance No. 3943 also showed compliance with the limitations on the power of the City to incur indebtedness, contained the City's election to issue the bonds pursuant to the Public Finance Act of 1991, determined the method for the sale and provided for the form of the bonds, authorized the City Manager to determine certain details with respect to the sale of the bonds, provided for the levy and collection of all taxes, charges and assessments necessary for the payment of the principal of and interest on the bonds, pledge the full faith and credit of the City to the payment of said principal and interest, covenanted that the proceeds of the bonds would not be used in a manner to cause the bonds to be arbitrage bonds, and provided generally for various other matters relating to the authorization, issuance, sale and delivery of the bonds; and
WHEREAS, City Council now wishes to amend Ordinance No. 3943 by increasing the amount of bonds which may be issued, sold and delivered by the City from the principal amount not to exceed $45,000,000 to a principal amount not to exceed $60,000,000, to delete contributions to the Washington Metropolitan Area Transit Authority for bus and rail capital improvement costs as a project to be funded with bond proceeds, to revise the allocation made by Ordinance No. 3943 of bond proceeds among various identified capital projects, and otherwise to ratify and confirm the provisions of and all attachments to Ordinance No. 3943; now therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 1 of Ordinance No. 3943 be, and hereby is, amended and reordained to read in its entirety as follows:
Section 1. Chapter 26 of Title 15.2 of the Code of Virginia (the "Public Finance Act of 1991") provides that a governing body may elect to issue bonds under the Public Finance Act of 1991 or under its local charter. The City Council of Alexandria hereby elects to issue its Bonds (defined herein) under the Public Finance Act of 1991. The Bonds issued hereunder are hereby specifically issued under the provisions of the Public Finance Act of 1991 without regard to the requirements, restrictions or provisions contained in any charter or local or special act, except any referendum and debt limitations, applicable to the City of Alexandria.
The City Council hereby further finds and determines that it is necessary for the City to issue the Bonds in order to use a portion of the bond proceeds to finance all or a portion of the cost of the capital improvement projects, generally described in this section.
The following is a general description of the capital improvement projects to be financed with a portion of the proceeds of the Bonds and the estimated maximum costs thereof. Bond proceeds will fund only a portion of the total maximum costs.
General Project Description Estimated Maximum Cost
Schools $16,400,000
Construction of a new
school facility and
acquisition of necessary
land and equipment;
remodeling and repairing of
existing school buildings
and acquisition of
necessary equipment (this
project includes projects
contained in the capital
budget under "Schools").
Libraries $13,000,000
Construction of a new
library and acquisition of
necessary equipment,
renovation of existing
libraries and acquisition
of necessary equipment
(this project includes
projects contained in the
capital budget under
"Libraries").
City Parks and Buildings $11,500,000
Renovation and improvement
of existing City buildings
and park facilities and
acquisition of necessary
equipment (this project
includes projects contained
in the capital budget under
"Recreation and Parks"
and "Public Buildings").
Infrastructure $ 6,900,000
Construction and renovation
of the City's streets,
bridges, storm and sanitary
sewers and acquisition of
the necessary equipment
(this project includes
projects contained in the
capital budget under
"Streets and Bridges" and
"Sewers").
Technology $12,200,000
Replacement of information
technology infrastructure
and development of
information technology
infrastructure improvements
and acquisition of
necessary equipment (this
project includes projects
contained in the capital
budget under "Information
Technology Plan").
Total $60,000,000
Section 2. That Section 2 of Ordinance No. 3943 be, and hereby is, amended in its entirety to read as follows:
Section 2. Acting pursuant to the authority of the Public Finance Act of 1991 and this Ordinance, the Bonds may be issued in an aggregate principal amount not to exceed $60,000,000 to pay a portion of the capital improvement projects described in Section 1 (the "Projects"). The issuance and sale of the "Consolidated Public Improvement General Obligation Bonds" of the City of Alexandria, Virginia, is hereby authorized in an aggregate principal amount not to exceed Sixty Million Dollars ($60,000,000) (the "Bonds"). The Bonds are issued for the purpose of financing the cost of a portion of the Projects.
The proceeds of the Bonds may be used (a) to pay all or any part of the cost of acquiring, constructing, reconstructing, improving, extending, enlarging and equipping any of the Projects, and (b) to pay any and all other costs permitted to be paid from the proceeds of such bonds under the Public Finance Act of 1991, including (with-out limitation) the costs of issuance of the Bonds.
Section 3. That Ordinance No. 3943, as amended by Sections 1 and 2 of this ordinance, be, and the same hereby, is confirmed, ratified and reordained.
Section 4. That this ordinance shall become effective upon the date and at the time of its final passage and shall not be subject to referendum.
KERRY J. DONLEY
Mayor
Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 06/11/98; 06/16/98; 06/17/98; 06/18/98
Public Hearing: 06/24/98
Second Reading: 06/24/98
Final Passage: 06/24/98
* * * * *
36. Consideration of Resolution for the City to Join ENDZONE Partners and Establish a City Ozone Action Day Program. (Council Member Rich and Councilwoman Pepper) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated June 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/23/98, and is incorporated herewith as part of this record by reference.
A portfolio of material pertaining to this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 36; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council: (1) approved the resolution; (2) requested City staff to develop a City Ozone Action Day Program with input from the Alexandria Environmental Policy Commission; and (3) authorized the City Manager to sign any necessary documents. The voting was as follows:
Pepper "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1879
WHEREAS, the air quality in the Metropolitan Washington region does not meet the National Ambient Air Quality Standard for ozone; and
WHEREAS, in 1995 the Metropolitan Washington Air Quality Committee and the Transportation Planning Board (TPB) jointly created a clean air public education and voluntary action program as part of the regional 15% Air Quality Plan; and
WHEREAS, in 1997 the Metropolitan Washington Council of Governments and the Baltimore Metropolitan Council officially chartered the public-private partnership known as "ENDZONE Partners" as a membership organization to improve air quality through public education and voluntary action; and
WHEREAS, ENDZONE Partners is a public-private partnership representing a coalition of public sector, business, environ-mental, civic and professional organizations, and citizens committed to improving the air quality in both the Washington and Baltimore regions; and
WHEREAS, ENDZONE Partners educates the public about the health effects of ground-level ozone and motivate employers and individuals to take voluntary actions that will improve air quality in the Washington and Baltimore regions; and
WHEREAS, local governments can take a leadership role in improving air quality and reducing ozone-forming emissions in the region through active participation in ENDZONE and Ozone Action Days; and
WHEREAS, the City of Alexandria has been an active member of the Metropolitan Washington Air Quality Committee since its inception, and has been proactive in efforts to inform City employees and residents about air quality programs, their health effects, and ways to reduce pollution;
NOW, THEREFORE, I, KERRY J. DONLEY, Mayor of the City of Alexandria, Virginia, and on behalf of the Alexandria City Council, do hereby resolve that the City of Alexandria will formally become a member of ENDZONE Partners and establish an Ozone Action Day Program.
BE IT FURTHER RESOLVED that all businesses, groups and citizens of the City are encouraged to join the ENDZONE Partners and to participate in Ozone Action Days and other programs of this voluntary campaign to improve air quality.
* * * * *
37. Consideration of Privatization Plan and New Lease Agreement with the Torpedo Factory Artist Association for the Operation of the Torpedo Factory Art Center and Adoption of a Resolution Conveying Equipment to the Torpedo Artist Association. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated June 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council: (A) approved the terms of the new lease agreement between the City and the Torpedo Factory Artists' Association for the period September 1, 1998, through December 31, 1999, which reflect the following: (1) A continuation of the successful public-private partnership with the Torpedo Factory Artists' Association at the Torpedo Factory Arts Center, a public art center featuring working studio artists, cooperative galleries and an art school; (2) A new privatization agreement with the Artists' Association whereby the Association will assume responsibility for the daily operations of the Torpedo Factory Arts Center and the City will be responsible for the capital building maintenance after the City repurchases this building in late August 1998; (3) A new rental rate formula that is designed to enable the City to recover (a) the net additional cost to repurchase the building, divided over a 20-year period; (b) the debt service (interest) cost associated with repurchasing the building; (c) the estimated capital costs for building improvements, such as restroom renovations, divided over a 20-year period; (d) the annual foregone real estate taxes from this property, based on the total real estate taxes currently received by the City from the current building owner; and (e) the City's actual annual cost for building maintenance services and materials and utilities. The total lease payment due for the initial lease term is $308,741; and (4) An automatic lease renewal for an additional four-year period, from January 1, 2000, through December 31, 2003, provided that the Torpedo Factory Artists' Association is not in default during the initial lease term. Future year lease rates shall be adjusted based on actual expenditure data as appropriate and an inflationary increase of one-half the rate of inflation, as measured by the Consumer Price Index for the Washington Metropolitan region (CPI-U-DU); (B) Adopted the resolution conveying computers, office equipment and furnishings now in use at the Arts Center to the Torpedo Factory Artists' Association for continued use in the daily operations of the Arts Center. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1880
Conveying City-owned Equipment Located in the Torpedo Factory
Art Center to the Torpedo Factory Artists’ Association
WHEREAS, the City Council reaffirmed the original intent that the Torpedo Factory building shall remain in continued use as a public art center, featuring working studio artists, providing a unique arts education and visual arts resource for the visiting public;
WHEREAS, the City Council has approved the repurchase of the Torpedo Factory building from the Alexandria Arts Center Association to ensure the building's continued future use as a successful public arts center for working artists;
WHEREAS, the City Council has approved the privatization of the Torpedo Factory building, effective August 1998, through the Torpedo Factory Artists’ Association;
NOW, THEREFORE, BE IT RESOLVED that this resolution authorizes the City Manager to convey the attached list of office equipment, computers, and furnishings presently located at the Torpedo Factory Art Center building and utilized by the City to the Torpedo Factory Artists’ Association at such time as the City repurchases the building.
* * * * *
INVENTORY OF EXISTING EQUIPMENT TO BE CONVEYED
TO THE TORPEDO FACTORY ARTISTS’ ASSOCIATION
•typewriter
•computer equipment (printer, color monitor, pc, and modem)
•photocopier
•(2) two-drawer file cabinets
•(1) four-drawer file cabinet
•(2) ceiling-high metal cabinets
•yellow bucket chairs (approx. 49)
•trash cans (hallway, loading dock, and bathrooms)
•(3) brochure racks
•(2) A-frame carts (for moving art pieces)
•desk (administrator’s office)
•(2) office chairs
•computer hutch
•Corby card computer/printer
•light bulbs in stock
•paint in stock (for annual clean-up)
•cleaning supplies in stock
•answering machine
•electric pencil sharpener
•plastic hot files, (7) stackable files, (4 sets) drawer files
•office supplies
•tool box
•floor scrubber
•key box, key control guide, and all keys
•theater lights
•track lights in the Target Gallery
•door counters
•Watchguard alarm system on all but the Corby Door
•Corby Card System
•Bulletin Boards in the entryway
* * * * *
38. Consideration of Resolution Changing the Current Code Enforcement Fee Schedule. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated June 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-1, City Council adopted the resolution. The voting was as follows:
Euille "aye" Cleveland "no"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1881
WHEREAS, section 8-1-29(a) of The Code of the City of Alexandria, Virginia, 1981, as amended, provides that all fees for permits, inspections and certificates required by the Virginia Uniform Statewide Building Code shall be as established by resolution of the city council; and
WHEREAS, Resolution No. 1840, adopted by city council on October 14, 1997, which incorporated an attached fee schedule, is the most recent establishment of such fees by the council; and
WHEREAS, city council has determined that the fee schedule set forth in Resolution 1840 is in need of amendment and adjustment to increase the minimum building permit fee from $30.00 to $40.00; to establish a fee for plan revisions and amendments; to increase the fire alarm system permit fee from $30.00 to $75.00 and to extend the existing $2.00 charge for pull station inspections to all fire alarm system devices; to increase the fee multiplier for tenant layouts from $0.10 per square foot to $0.12 per square foot for commercial tenant layout permits; and to change the calculation method for electrical and plumbing permits for renovations and alterations to 1.2% of the estimated cost of the work being completed.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
1. That the fee schedule attached hereto, entitled "City of Alexandria, Virginia, Code Enforcement Bureau, Fee Schedule," dated June 23, 1998, is deemed to contain fair and appropriate fees to be paid by persons seeking various permits, inspections and certificates, and other services, from the city's Code Enforcement Bureau;
2. That said fee schedule shall be, and hereby is, approved and incorporated by reference in this resolution, and shall, until amended or rescinded, set forth the fees to be charged for various permits, inspections and certificates that are required by the Virginia Uniform Statewide Building Code and are issued by the city's Code Enforcement Bureau, as well as for other services that are performed by the bureau;
3. That Resolution No. 1840, adopted on October 14, 1997, shall be, and hereby is, rescinded; and
4. That this resolution shall be effective on the date of its adoption, and the attached fee schedule shall, from that date on, be in full force and effect.
CITY OF ALEXANDRIA, VIRGINIA
CODE ENFORCEMENT BUREAU
FEE SCHEDULE
June 23, 1998
The following is a description of the fees to be charged for various permits and certificates issued by, and for various services performed by, the Alexandria Code Enforcement Bureau. No permit or certificate may be issued, nor service rendered, until the applicable fee has been paid in full. Permits remain the property of the City of Alexandria from time of issuance until time of expiration.
1. CONSTRUCTION FEES:
a. BASIS OF FEES: The fee for each permit for new construction shall be six tenths per cent of (0.6%, or .006 times) the estimated total construction costs. The total construction cost shall include all involved labor and material valued at the current retail market value plus overhead and profit.
Total construction costs for new construction shall be computed by multiplying the total gross square footage of the structure by the figure in Table 1 of the current "Building Valuation Data Report" as published by Building Officials and Code Administrators Inter- national, Incorporated, corresponding to the appropriate use group and type of construction. Total gross square footage is defined as the gross area of each floor, including basement and garage, in addition to the horizontal projection of the roof area including roof overhangs. Separate permits are required for specialty items as described below.
EXCEPTION: Modular/factory-built single family homes.
b. MODULAR OR FACTORY-BUILT HOMES: The permit fee for mod-ular or factory-built homes shall be one hundred dol-lars ($100.00).
c. MINIMUM BUILDING PERMIT FEE: The minimum building permit fee shall be $40.00.
d. ALL OTHER STRUCTURES: The permit fee for non-residential tenant improvements (alterations, repairs) shall be calculated at .12 per square foot of gross floor area. The gross floor area shall be the floor area within the perimeter of the outside walls of the building or space under construction. The permit fee for specialty items and residential alterations and repairs shall be calculated at one and two-tenths percent (1.2%) of the total construction cost.
(1) construction of footings and foundations (when special approval is obtained from the Building Official) prior to issuance of a permit for full construction,
(2) installation of fire suppression and alarm systems,
(3) installation of retaining walls, signs and other miscellaneous structures, and
(4) any other construction or installation not mentioned above.
EXCEPTION: Minimum permit fee for non-residential tenant improvements for spaces 1500 square feet and less is $75.00 unless construction affects structural members, structural loads or arrangement of means of egress, in which case, the fee shall be calculated at $0.12 per square foot. Category to be determined by the building official.
e. EXTENSION OF PERMIT: The fee to extend the life of a permit shall be twenty-five dollars ($25.00).
f. AMENDMENT OF PERMIT: The fee to amend a permit to reflect a change in property ownership and/or contractor shall be ten dollars ($10.00).
g. BUILDING CODE MODIFICATION FEE: The fee to process an application for a modification to the Uniform Statewide Building Code shall be $100.00.
h. CERTIFICATE OF USE AND OCCUPANCY: The fee for a Certificate of Use and Occupancy for a one or two family dwelling shall be $125. The fee for a Certificate of Use and Occupancy for a commercial tenant space 500 square feet and less is $100; for a tenant space between 501 and 1500 square feet shall be $125 and any space greater than 1500 square feet shall be $150. A Certificate of Use and Occupancy for the shell and core areas of any building shall be $500 and the Master Certificate of Use and Occupancy shall be $150.
i. RELOCATION: The fee for a building permit to remove a building or structure from one lot to another or to a new location on the same lot shall be one and two-tenths percent (1.2%) of the estimated cost of moving plus the cost of new foundations and all work necessary to place the building or structure in its completed condition in the new location.
j. DEMOLITION: The fee for a permit to demolish a building or structure shall be one hundred dollars ($100.00) for each building or structure. A performance bond or cash deposit will be required in the amount of one dollar per square foot ($1.00/sq. ft.) for the gross square foot-age of the building to be razed, for the purpose of assuring the completion of demolition, securing the site for public safety, finished grading, sodding/seeding of the site and other necessary measures to prevent soil erosion. The minimum cash deposit or bond shall be one thousand dollars ($1,000.00). Should the bond/cash deposit not adequately fulfill this purpose, the City of Alexandria shall have the right to place a lien on the property in an amount sufficient to reimburse it for its expenses made to enforce or accomplish compliance with the above to the extent the same are not adequately provided for by the bond.
k. DEPOSIT FOR PLANS REVIEW: For those permit applications which require plans review, twenty percent (20%) of the estimated permit fee will be deposited with the City of Alexandria at the time of submission as payment for the plans review. This deposit is non-refundable and the amount will be deducted from the total permit fee at the time of permit issuance.
l. FEE FOR PLAN REVISIONS AND AMENDMENTS: Applicants will be charged for all plan reviews subsequent to the initial plan review due to revisions or amendments in the plan, and for all changes to approved plans. A flat rate fee of $50.00 per trade discipline (i.e., plumbing, electrical, mechanical, structural and fire protection) will be assessed for new commercial & multifamily construction plan revisions/amendments. A flat fee of $25.00 per trade discipline will be assessed for commercial alteration and single family residential plan revisions/amendments.
m. MULTIPLE REINSPECTIONS: Routine inspections are defined as one inspection and one reinspection. In the event that more than one reinspection is required to approve any element of construction, an administrative fee of fifty dollars ($50.00) will be applied to the second and each subsequent reinspection. No second or subsequent reinspection will be conducted unless the applicant has paid any previous administrative reinspection fee.
n. FIRE HYDRANT FLOW RATE TESTING FEE: The fee for fire hydrant flow rate testing shall be $200.00
2(A). ELECTRICAL FEES (RESIDENTIAL):
a. The fee for services in residential use shall be as follows:
100 Amperes or less $ 48.00
101 to 200 Amperes $ 96.00
201 to 300 Amperes $144.00
301 to 400 Amperes $192.00
b. The fee for supplemental electrical work in one/two family use groups shall be forty dollars ($40.00).
2(B). ELECTRICAL FEES (OTHER THAN ONE/TWO FAMILY DWELLINGS):
a. NEW CONSTRUCTION: The electrical fee for new construction, is included in the base building permit fee.
The electrical contractor must obtain an electrical permit at the minimum fee of forty dollars ($40.00)
b. RENOVATION, CONVERSION, GENERAL RECONSTRUCTION: The electrical fee for renovation, conversion, and general reconstruction shall be two dollars per kilovolt-ampere ($2.00/kva) rating of each circuit at the service panel, but not less than one and two tenths (1.2%) of estimated cost nor less than forty dollars ($40.00).
c. REPLACEMENT OF EQUIPMENT, APPLIANCES AND DEVICES: The electrical fee for replacement of equipment, appliances and devices not requiring replacement or new circuit shall be two dollars per kilovolt-ampere ($2.00/kva) rating of the replacement item, but not less one and two tenths percent (1.2%) of estimated cost nor less than forty dollars ($40.00).
d. SERVICE PANEL REPLACEMENT: The fee for ser-vice panel replacement shall be two dollars per kilovolt-ampere ($2.00/kva) rating of the new panel, less the kilovolt-ampere (kva) rating of the old panel but not less than one and two tenths percent (1.2%) of the estimated cost nor less than forty dollars ($40.00).
2(C). ELECTRICAL FEES (SPECIAL):
a. The fees for special electrical permits are as follows:
(1) Electric Signs - forty dollars ($40.00)
(2) Transformers - The permit fee is based on fifteen cents per kilovolt-ampere ($0.15/kva) rating of the transformer or a minimum permit fee of forty dollars ($40.00), whichever is higher.
(3) Indoor expositions, exhibitions - The permit fee is based on five dollars per three thousand square feet ($5.00/3,000 sq. ft.) of floor area or a minimum permit fee of forty dollars ($40.00), whichever is higher.
(4) Amusement rides - Amusement ride inspections are based upon contracts with third party inspectors. The fees to the consumer are calculated at one hundred percent (100%) of the actual cost to the City of Alexandria plus five percent (5%) as administrative fees.
(5) Fire Alarms - The permit fee for each fire alarm system is seventy-five dollars ($75.00) plus two dollars ($2.00) per each additional fire alarm system initiating and indicating device.
(6) SPECIAL ELECTRICAL EQUIPMENT - The permit fee for any special electrical equipment not mentioned above shall be determined by the Building Official based upon the costs involved in the enforcement of the Virginia Uniform Statewide Building Code.
3. ELEVATOR PERMIT AND INSPECTION FEES:
Elevator, escalator, dumbwaiter, chairlift, manlift, and moving walkway inspection and permit fees are based upon the award of annual contracts to qualified third party elevator inspection services. The fees to the consumer are calculated at one hundred per cent (100%) of the actual cost to the City of Alexandria plus five percent (5%) as administrative fees.
4. PLUMBING PERMIT FEES:
a. NEW CONSTRUCTION: The plumbing fee for new construction is included in the base building permit fee. The plumbing contractor must obtain a plumbing permit at the minimum fee of forty dollars ($40.00).
b. EXISTING CONSTRUCTION: The plumbing permit fee for each replacement or alteration to an existing plumbing system shall be forty dollars ($40.00) per dwelling unit or non-residential occupancy plus two dollars ($2.00) each for the fourth and subsequent fixtures, but not less than one and two tenths percent (1.2%) of estimated cost.
5. MECHANICAL PERMIT FEES:
a. NEW CONSTRUCTION: The mechanical fee for new construction is included in the base building permit fee. The mechanical contractor must obtain a mechanical permit at the minimum fee of forty dollars ($40.00).
b. EXISTING CONSTRUCTION: The permit fee for the in-stallation of mechanical systems (which includes gas piping) and equipment shall be forty dollars ($40.00) or one and two-tenths percent (1.2%) of the total cost of purchase and installation, including materials, overhead and labor, whichever is higher.
6. APPLIANCE FEES (ELECTRICAL OR MECHANICAL):
The total of permit fees to be collected for the installation of appliances such as garbage disposals, dishwashers, water heaters, air-conditioning units, heating appliances, furnaces and similar equipment shall be forty dollars ($40.00) or one and two-tenths percent (1.2%) of the total purchase and installation costs, including overhead and labor, whichever is higher.
7. ADDITIONAL SPECIAL SERVICE FEES:
a. OVERTIME: Overtime inspections, weekend inspections, holiday inspections, plans review or other use of code enforcement services shall be charged at the rate of fifty dollars ($50.00) per hour per employee involved in the special service. In the event that this use of special services requires the "call-back" of code enforcement employees, a minimum four-hour service fee will be charged per employee.
b. WORK WITHOUT PERMIT: For all work begun without a per-mit, for which a permit is necessary, a fee of two times the regular permit fee or two hundred dollars ($200.00), whichever is lesser, will be surcharged to the regular fee to offset the administrative costs.
8. RESIDENTIAL RENTAL PERMIT FEE:
The fee for the issuance or renewal of a residential rental permit shall be $3.00 per dwelling unit with a minimum fee of $30.00.
9. BUILDING MAINTENANCE CODE COMPLIANCE DATE EXTENSION FEE:
The fee for an extension of time in which to comply with a notice of violation of a building maintenance code violation shall be $25.00.
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39. Consideration of the Balancing Resolution for the FY 1998 Operating Budget. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated June 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-1, City Council adopted the resolution. The voting was as follows:
Rich "aye" Euille "aye"
Walker "aye" Cleveland "no"
Donley "aye" Pepper "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1882
WHEREAS, certain appropriation accounts of the City of Alexandria, Virginia, will be over expended due to budgeting practices and unanticipated expenditures; and
WHEREAS, it is the desire of the City Council to take the action necessary to transfer budget authority among City departments to adjust these accounts:
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
That the Director of Finance be and hereby is authorized to make the following appropriations transfers between the General Fund accounts designated and to adjust the revenue estimates in the sums indicated:
TRANSFER APPROPRIATIONS FROM:
125302 Non-departmental- City legal expenses $660,000
125302 Non-departmental- Miscellaneous Expenditures 199,000
125203 Insurance- Worker’s Compensation 139,500
TRANSFER APPROPRIATIONS TO:
106104 City Attorney $660,000
111104 Fire 189,500
155002 Police 95,000
121004 Human Relations 38,000
101386 Office of Historic Alexandria 16,000
ADJUST REVENUE ESTIMATES TO REFLECT THE CURRENT PROJECTIONS AS NOTED IN THE CITY’S FINANCIAL REPORT FOR THE PERIOD ENDING MAY 31, 1998:
General Property Taxes
Real Property Taxes $3,645,000
Personal Property Taxes (1,370,400)
Penalties and Interest (76,000)
Other Local Taxes
Local Sales Taxes $873,000
Business License Taxes 797,000
Recordation Taxes 302,000
Transient Lodging 224,000
Restaurant Meals Taxes 112,000
Tobacco Taxes (195,000)
Other Local Taxes (24,000)
Other Governmental Revenues
Licenses, Permits and Fees $851,000
Fines and Forfeitures 300,000
Use of Money and Property 155,500
Intergovernmental Revenues (81,000)
* * * * *
40. Consideration of Resolution Authorizing the Donation of Surplus Firefighter Protective Clothing (Turnout Gear) to the Virginia Department of Fire Programs. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated June 8, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution. The voting was as follows:
Walker "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1883
WHEREAS, the Virginia Department of Fire Programs administers the Fire Programs Fund for the improvement of volunteer and salaried fire service operations in eligible Counties, Cities, and Towns; and
WHEREAS, the Virginia Department of Fire Programs has distributed approximately $1.3 million to the City of Alexandria, since the inception of the Fire Programs Fund on July 1, 1985; and
WHEREAS, the Alexandria City Council recognizes the importance of these grant monies, which have allowed the Fire Department to upgrade fire-service equipment, to enhance fire training, and to provide fire prevention and fire safety programs for schools and community groups; and
WHEREAS, the Virginia Department of Fire Programs has requested that surplus firefighter protective clothing, or turnout gear, be donated to their agency and distributed to small, rural fire departments in the Commonwealth; and
WHEREAS, the Fire Department has retained the surplus turnout gear since 1993, after selecting and procuring more protective, heat-resistant Gore-Tex turnout gear; and
WHEREAS, the Fire Chief has recommended that 199 pieces of surplus turnout gear be conveyed to the Virginia Department of Fire Programs;
NOW, THEREFORE, BE IT RESOLVED that this resolution authorizes the City Manager to convey the Fire Department's surplus turnout gear to the Virginia Department of Fire Programs.
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41. Consideration of Resolution and Applications to the Virginia Department of Housing and Community Development for FY 1999 Continuation Funding of the State Homeless Housing Assistance Resources (SHARE) Program and Approval of SHARE Program Applications Submitted by Alexandria Non-Profit Organizations. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated June 9, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council: (1) approved the grant applications and Governing Body Resolution, requesting that the Virginia Department of Housing and Community Development continue funding, from the FY 1999 SHARE Program's state Shelter Support Grant (SSG) and Federal Shelter Grant components for the Alexandria Community Shelter in the amount of $51,303 (Shelter Support Grant of $23,044 and Federal Shelter Grant of $28,259) and the Office of Women Domestic Violence Program in the amount of $13,017 (Shelter Support Grant of $5,847 and Federal Shelter Grant of $7,170); (2) approved the Certification of Local Approval, authorizing the submission of grant applications for the Federal Shelter Grant program, which will provide continuation funding for seven non-profit organizations currently receiving FSG funding under the SHARE program. These organizations are: ALIVE!, the Arlington-Alexandria Coalition for the Homeless, Catholic Charities for Christ House, The Carpenter's Shelter, Community Lodgings, Inc., Friends of Guest House, and The Salvation Army; and (3) authorized the City Manager to execute all necessary documents. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1884
WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development, has issued a Notice of Funding Availability and requested applications under the SHARE Grant program;
WHEREAS, assistance is needed to effectively and adequately address the shelter/housing needs of homeless persons in the City of Alexandria;
WHEREAS, SHARE Grant Applications for grants under this program have been prepared;
WHEREAS, Vola Lawson, City Manager, can act on behalf of the City of Alexandria and will sign all necessary documents required to complete the grant transactions;
WHEREAS, a dollar-for-dollar match, under the SHARE Grant guidelines will be provided;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alexandria hereby authorizes Vola Lawson, City Manager, to apply for and accept the grants and enter into a grant agreement with Department of Housing and Community Development and perform any and all actions and responsibilities in relation to such agreement.
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42. Consideration of Resolution Authorizing the Issuance of Bonds by the Industrial Development Authority of the City of Alexandria for the American Roentgen Ray Society. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated June 9, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution as recommended by the AIDA at its meeting on May 26, 1998. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
RESOLUTION NO. 1885
WHEREAS, the Industrial Development Authority of the City of Alexandria (the “Authority”), has considered the application of the American Roentgen Ray Society (the “Applicant”), whose principal business address is 1891 Preston White Drive, Reston, Virginia 20191, requesting the issuance of the Authority's revenue bonds in a principal amount not to exceed $3,000,000 (the “Bonds”). The proceeds of the Bonds will be used to assist the Applicant in financing, refinancing and reimbursing itself for the cost of acquiring land and acquiring, renovating and equipping a low rise office building located thereon for use by the Applicant, the land and the building being located at 44211 Slatestone Court, Leesburg, Virginia 20176 (the “Project”). The proceeds of the Bonds will also be used to finance certain costs of the issuance of the Bonds.
WHEREAS, the Applicant has filed its request for the issuance of the Bonds by the Authority in connection with the bond pool program established by the agreement between the Authority and NationsBank, N.A. (“NationsBank”), pursuant to which NationsBank has agreed to have the Authority issue bonds for 501(c)(3) organizations utilizing the NationsBank bond pool program structure. The Bonds will be secured by a NationsBank Letter of Credit, will bear interest at a variable rate and will be in minimum authorized denominations of $100,000 so as to avoid the application of the continuing disclosure rules promulgated in Rule 15c2-12 by the Securities and Exchange Commission.
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the “Virginia Code”), provide that the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Authority issues its bonds on behalf of the City of Alexandria, Virginia (the “City”). The City Council of the City of Alexandria, Virginia (the “Council”) constitutes the highest elected governmental unit of the City. The Board of Supervisors of Loudoun County, Virginia, as the highest elected governmental unit over the area in which the Project is located, is scheduled to consider the issue on June 17, 1998.
WHEREAS, following the public hearing held by the Authority on May 26, 1998, the Authority adopted a resolution (the “Inducement Resolution”) in which it recommended and requested that the Council approve of the issuance of the Bonds by the Authority. A copy of the Inducement Resolution, a brief summary of the Authority's public hearing, and the Applicant's Fiscal Impact Statement have been filed with the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
1. The Council approves the issuance of the Bonds by the Authority in a principal amount now estimated to be $3,000,000 for the benefit of the Applicant, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, to permit the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the
creditworthiness of the Project or the Applicant, and, as required by Section 15.2-4909 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 therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the City and the Authority, shall be pledged thereto.
3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103-2(f)(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.
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43. Consideration of a Resolution Providing Local Governing Body Approval of $32 Million in ARHA Multifamily Housing Bond Financing for Park Center Apartments in Alexandria. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated June 9, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council: (1) adopted the resolution approving the Alexandria Redevelopment and Housing Authority (ARHA) issuance of $32 million in ARHA multifamily bond financing to Park Center Associates Limited Partnership for Park Center Apartments, a rental complex in Alexandria; and (2) authorized the Clerk of the Council to complete the proposed Certificate of Resolution. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1886
WHEREAS, Park Center Associates, a Virginia limited partnership (the "Borrower"), has requested the Alexandria Redevelopment and Housing Authority (the "Issuer"), to undertake the refunding of the Authority's $30,000,000 Multi-Family Housing Revenue Refunding Bonds (Park Center Associates Project), Series of 1986 (Variable Rate), that were issued to refund certain prior obligations of the Authority, the proceeds of which were used to finance the construction and equipping of a 324-unit multi-family housing project known as 3001 Park Center Apartments in Alexandria, Virginia, through the issuance of its tax-exempt revenue refunding bonds in an amount not to exceed $30,000,000 (the "Bonds"); and
WHEREAS, the Issuer has held a public hearing on the issuance of the Bonds on June 1, 1998, in accordance with Sections 15.2-4906 and 15.2-4907, as applicable to housing authorities, of the Code of Virginia of 1950, as amended (the "Virginia Code"), and in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code"); and
WHEREAS, the Issuer has requested the City Council of the City of Alexandria, Virginia (the "City Council"), to approve the issuance of the Bonds to comply with Section 15.2-4906 of the Virginia Code and Section 147(f) of the Internal Revenue Code; and
WHEREAS, a copy of the Issuer's June 1, 1998, resolution approving the issuance of the Bonds, a fiscal impact statement and a reasonably detailed summary of the comments made at the June 1, 1998, public hearing have been presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
1. The City Council hereby approves the issuance of the Bonds by the Issuer for the benefit of the Borrower, to the extent required by Section 15.2-4906 of the Virginia Code and to the extent required under Section 147(f) of the Internal Revenue Code.
2. Such approval of the issuance of the Bonds does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower, and, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the City of Alexandria, Virginia, 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 therefor, and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City of Alexandria, Virginia, nor the Authority shall be pledged thereto.
3. This resolution shall take effect immediately upon its adoption.
* * * * *
CERTIFICATE
The undersigned Clerk of the City Council of the City of Alexandria, Virginia (the "City Council"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the members of the City Council present and voting at a meeting duly called and held on June 23, 1998, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof.
WITNESS the following signature this 24th day of June, 1998.
/s/Beverly I. Jett, CMC, City Clerk
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44. Consideration of a Resolution (A) to approve the following documents that will be executed in conjunction with the issuance of Resource Recovery Refunding Revenue Bonds ("Bonds"), in an amount not to exceed $65,000,000, relating to the Alexandria/Arlington Waste-to-Energy facility located in the City of Alexandria and refunding bonds issued in 1984 by the Industrial Development Authority of the City of Alexandria as its Weekly Adjustable/Fixed Rate Resource Recovery Revenue Bonds, Series 1984:
- (1) the Amended and Restated Conditional Sale and Security Agreement by and among Ogden Martin Systems of Alexandria/Arlington, Inc., and the Alexandria Sanitation Authority and the Arlington Solid Waste Authority;
- (2) the Amended and Restated Interlocal Joint Enterprise Agreement between the Alexandria Sanitation Authority and the Arlington Solid Waste Authority;
- (3) the Bond Purchase Agreement involving Lehman Brothers, the Industrial Development Authority of Arlington County, Ogden Martin Systems of Alexandria/Arlington, Inc.; the Alexandria Sanitation Authority, the Arlington Solid Waste Authority, the City of Alexandria and Arlington County;
- (4) a Preliminary Official Statement for the Bonds;
- (5) a Continuing Disclosure Agreement for the City of Alexandria;
- (6) Amendment No. 5 to the Amended and Restated Facility Construction and Operation Agreement by and among Ogden Martin Systems of Arlington/Alexandria, Inc., the Alexandria Sanitation Authority, the Arlington Solid Waste Authority, the City of Alexandria and Arlington County;
- (7) Amendment No. 1 to the Amended and Restated Facility Site Lease by and among the Alexandria Sanitation Authority, the Arlington Solid Waste Authority, the City of Alexandria and Arlington County;
- (8) Amendment No. 2 to the Amended and Restated Waste Disposal Trust Fund Cooperative Agreement between the City of Alexandria and Arlington County; and
- (9) the Resolution of the Industrial Development Authority of Arlington County evidencing its intent to issue the Bonds;
(B) to approve the issuance of the Bonds by the Arlington County Industrial Development Authority; and
(C) in conjunction with the air pollution control retrofit of the Alexandria/Arlington Waste-to-Energy facility that is required to bring the facility into compliance with emission guidelines promulgated by the United States Environmental Protection Agency pursuant to the federal Clean Air Act, and in order to facilitate the financing of the required retrofit with tax-exempt bonds by obtaining a volume cap allocation from the Virginia Small Business Financing Authority, to approve the following:
- (1) the air pollution control retrofit of the facility that is required by law;
- (2) the financing of the required retrofit of the facility, in whole or in part, with tax-exempt private activity bonds, subject to city council's subsequent approval of all construction and bond documents; and
- (3) the filing by the Industrial Development Authority of Arlington County of a request for a volume cap allocation from the Virginia Small Business Financing Authority which would enable the required retrofit project to be financed, in whole or in part, with tax-exempt bonds. [ROLL-CALL VOTE]
(A copy of Mr. Sunderland's and Mr. O'Kane's memorandum dated June 17, 1998, together with attachments, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 44; 6/23/98, and is incorporated herewith as part of this record by reference.
Additional material pertaining to this item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 44; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution which: (A) approves the issuance by the Industrial Development Authority of Arlington County of Resource Recovery Refunding Bonds, Series 1998A (the "1998 Refunding Bonds"), in an amount not to exceed $65,000,000; (B) approves in substantially final form the following documents that will be executed in conjunction with the issuance of the 1998 Refunding Bonds: (1) the Amended and Restated Conditional Sale and Security Agreement by and among Ogden Martin Systems of Alexandria/Arlington, Inc., and the Alexandria Sanitation Authority and the Arlington Solid Waste Authority; (2) the Amended and Restated Interlocal Joint Enterprise Agreement between the Alexandria Sanitation Authority and the Arlington Solid Waste Authority; (3) the Bond Purchase Agreement involving Lehman Brothers, the Industrial Development Authority of Arlington County, Ogden Martin Systems of Alexandria/Arlington, Inc., the Alexandria Sanitation Authority, the Arlington Solid Waste Authority, the City of Alexandria and Arlington County; (4) a Preliminary Official Statement for the 1998 Refunding Bonds; (5) a Continuing Disclosure Agreement for the City of Alexandria; (6) Amendment No. 5 to the Amended and Restated Facility Construction and Operation Agreement by and among Ogden Martin Systems of Arlington/Alexandria, Inc., the Alexandria Sanitation Authority, the Arlington Solid Waste Authority, the City of Alexandria and Arlington County; (7) Amendment No. 1 to the Amended and Restated Facility Site Lease by and among the Alexandria Sanitation Authority, the Arlington Solid Waste Authority, the City of Alexandria and Arlington County; and (8) Amendment No. 2 to the Amended and Restated Waste Disposal Trust Fund Cooperative Agreement between the City of Alexandria and Arlington County; and (C) in conjunction with the air pollution control retrofit of the waste-to-energy facility that is required by federal law, and in order to facilitate the financing of the required retrofit with tax-exempt bonds, approves the following: (1) the air pollution control retrofit of the facility that is required by federal law; (2) the financing of the required retrofit of the facility, in whole or in part, with tax-exempt private activity bonds, subject to city council's subsequent approval of all construction and bond documents; and (3) the filing by the Industrial Development Authority of Arlington County of a request for a volume cap allocation from the Virginia Small Business Financing Authority which will enable the required retrofit project to be financed, in whole or in part, with tax-exempt bonds; and (D) authorizes the city manager to execute, on behalf of the city, various documents related to the 1998 Refunding Bonds and to the financing of the facility retrofit. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1887
A RESOLUTION concerning the Alexandria/Arlington Waste-to-Energy Facility that is located in the City of Alexandria, Virginia, and approving the issuance by the Industrial Development Authority of Arlington County, Virginia (the "Arlington IDA"), of its Resource Recovery Refunding Revenue Bonds (Alexandria/Arlington Waste-to-Energy Facility) Series 1998A (the "Series 1998A Bonds") in an aggregate principal amount not to exceed $65,000,000, authorizing the execution and delivery of certain agreements and other documents related to the issuance of the Series 1998A Bonds, approving the retrofit of the Waste-to-Energy Facility that is required by federal law, approving the financing of the required retrofit, in whole or in part, with tax-exempt private activity bonds to be issued by the Arlington IDA ("Resource Recovery Project Revenue Bonds (Alexandria/ Arlington Waste-to-Energy Facility) Series 1998B" or the "Series 1998B Bonds"), authorizing the Arlington IDA to file a request for a private activity bond volume cap allocation from the Virginia Small Business Financing Authority that would enable the required retrofit project to be financed, in whole or in part, with tax-exempt bonds, and making certain findings and determinations generally relating to the issuance of the Series 1998A Bonds and the Series 1998B Bonds.
RECITALS
A. Issuance of 1984 Bonds
1. On December 27, 1984, the Industrial Development Authority of the City of Alexandria (the "Alexandria IDA") issued its Weekly Adjustable/Fixed Rate Resource Recovery Revenue Bonds, Series 1984 (Alexandria/Arlington Waste-to-Energy Facility) (the "1984 Bonds") in the aggregate principal amount of $75,650,000. The 1984 Bonds were issued to finance the construction of an approximately 975 tons per day solid waste disposal facility in the City of Alexandria, and the acquisition and installation therein of certain items of machinery and equipment, for the purpose of disposing of solid waste generated within Arlington County (the "County") and the City of Alexandria (the "City") (the City and the County being collectively referred to herein as the "Jurisdictions") and for the conversion of such waste into steam or steam generated electricity (collectively, the Waste-to-Energy Facility").
2. In order to secure the payment of the 1984 Bonds, the Alexandria IDA entered into an Installment Sale Agreement, dated as of December 1, 1984 (together with all amendments thereto, the "Installment Sale Agreement"), with the Arlington Solid Waste Authority (the "Arlington Authority") and Alexandria Sanitation Authority (the "Alexandria Authority") (the Arlington Authority and the Alexandria Authority being collectively referred to herein as the "Authorities"). The 1984 Bonds were issued pursuant to a Trust Indenture, dated as of December 1, 1984, between the Alexandria IDA and United Virginia Bank (now Crestar Bank), as trustee (together with all amendments thereto, the "1984 Trust Indenture").
3. The Waste-to-Energy Facility was constructed pursuant to a Facility Construction and Operation Agreement, dated as of December 1, 1984, by and among Alexandria/Arlington Resource Recovery Corporation, the Authorities and the Jurisdictions (together with all amendments thereto, the "Facility Agreement").
4. In connection with the issuance of the 1984 Bonds and the construction of the Waste-to-Energy Facility, the following documents, among others, were entered into:
(a) a Facility Site Lease, dated as of December 1, 1984, between the Jurisdictions as landlord and the Authorities as tenant (together with all amendments thereto, the "Facility Site Lease"), which provides for the leasing by the Authorities of the site in the City of Alexandria on which the Waste-to-Energy Facility is located;
(b) a Waste Disposal Trust Fund Cooperative Agreement, dated as of December 1, 1984, between the City and the County (together will all amendments thereto, the "Waste Disposal Trust Fund Agreement"), which creates a trust fund to be managed by trustees designated by the Jurisdictions as reserve for future expenditures related to waste disposal at the Waste-to-Energy Facility; and
(c) an Interlocal Joint Enterprise Agreement, dated as of December 1, 1984, between the Alexandria Authority and the Arlington Authority (together with all amendments thereto, the "Interlocal Agreement"), which provides for the joint ownership and control of the Waste-to-Energy Facility by the Authorities.
B. Conditional Sale to Ogden
5. In order to obtain equity funding for the Waste-to- Energy Facility, Alexandria/Arlington Resource Recovery Corpo-ration was acquired by Ogden Martin Systems, Inc., through a stock transfer, and its name was changed to Ogden Martin Systems of Alexandria/Arlington, Inc. (the "Company"). In connection with such stock acquisition, the term of the Facility Site Lease was extended from 3O to 40 years, certain amendments were made to the Facility Agreement, and the following additional agreements were entered into:
(a) a Conditional Sale and Security Agreement, dated as of October 1, 1985, between the Authorities and the Company (together with all amendments thereto, the "Conditional Sale Agreement"), pursuant to which, among other things, the Authorities transferred certain ownership interests in the Waste-to-Energy Facility to the Company and the Company agreed to make payments with respect to the 1984 Bonds;
(b) a Guaranty Agreement, dated as of October 1, 1985, from Ogden Corporation to the Jurisdictions and the Authorities (together with all amendments thereto, the "Guaranty Agreement"), pursuant to which Ogden Corporation guaranteed, subject to certain limitations, the performance of the Company of its obligations under the Facility Agreement;
(c) an Assignment of the Facility Site Lease, dated as of October 1, 1985, from the Authorities to the Company (together with all amendments thereto, the "Assignment of Facility Site Lease"), pursuant to which the Authorities assigned their interest in the Facility Site Lease to the Company; and
(d) a Power Purchase and Operating Agreement, dated as of October 1, 1985, by and among Virginia Electric and Power Company, the Company, the Jurisdictions and the Authorities (together with all amendments thereto, the "Electricity Sales Agreement"), which provides for the sale to Virginia Electric and Power Company of electricity produced by the Waste-to-Energy Facility.
C. Fixing Interest Rates for 1984 Bonds
6. On September 11, 1986, the interest rate on the 1984 Bonds was converted from a floating rate of interest to fixed rates of interest, and the 1984 Bonds were remarketed to the public by Smith Barney, Harris Upham & Co., Incorporated ("Smith Barney"), pursuant to a Purchase Agreement between Smith Barney and the Company dated September 3, 1986. The 1984 Bonds currently bear interest at the following rates and mature on the following dates and in the following amounts of principal:
Amount of Principal Due Interest Rate
$ 3,705,000 1999 7.40%
$ 4,110,000 2000 7.40%
$ 4,565,000 2001 7.40%
$ 5,065,000 2002 7.40%
$ 5,625,000 2003 7.40%
$ 6,245,000 2004 7.40%
$ 6,930,000 2005 7.40%
$ 7,690,000 2006 7.40%
$ 8,535,000 2007 7.40%
$ 9,485,000 2008 7.40%
D. Refinancing 1984 Bonds
7. Interest rates in the municipal bond market are significantly lower than interest rates applicable at the time the 1984 Bonds were remarketed in 1986. In order to achieve debt service savings on the 1984 Bonds, the Authorities and the Jurisdictions have determined to refinance the 1984 Bonds through the issuance by the Arlington IDA of its Series 1998A, in an aggregate principal amount not to exceed $65,000,000, pursuant to the Industrial Development and Revenue Bond Act (Chapter 49, Title 15.2 of the Code of Virginia (1950), as amended (the "IDA Act")).
8. Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental entity having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds.
E. Retrofit of the Waste-to-Energy Facility
9. Since the construction of the Waste-to-Energy Facility in 1984, new and more stringent air pollution control requirements have been promulgated by the United States Environmental Agency under the Clean Air Act, 40 C.F.R. Part 60, Subpart Cb (the "Emission Guidelines"). Substantial equipment replacement, improvements and modifications must be made to the Waste-to- Energy Facility's air pollution control system by December 19, 2000, in order to comply with the Emission Guidelines (the "Retrofit").
10. The Authorities and Jurisdictions have determined that it is in the best interest of the residents or the City and County to finance the Retrofit with tax-exempt bonds issued by the Arlington IDA and request that the Arlington IDA issue its Resource Recovery Project Revenue Bonds (Alexandria/Arlington Waste-to-Energy Facility) Series 1998B to finance the Retrofit within an appropriate time frame to allow the Retrofit to be completed before December 19, 2000.
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
Section 1. That the following findings and determinations are hereby made:
(a) The Waste-to-Energy Facility promotes the safety, health, welfare, convenience and prosperity of the residents of the City by providing a long-term, environmentally sound method for disposal of municipal solid waste generated within the City. The Waste-to-Energy Facility is used by the City in order to provide an essential governmental service to the residents and businesses of the City, and is used by the Company in its business of providing solid waste disposal services.
(b) The issuance of the Series 1998A Bonds in order to refund the 1984 Bonds will result in substantial debt service savings to the Jurisdictions. It is in the best interests of the City and its residents to take advantage of the current level of interest rates in the municipal bond market in order to refund the 1984 Bonds.
(c) The issuance of the Series 1998A Bonds by the Arlington IDA will result in significant savings to the Jurisdictions, and such additional savings will accrue to the benefit of the City and its residents. It is in the best interests of the City and its residents for the Arlington IDA to issue the Series 1998A Bonds.
(d) The Retrofit will allow the Waste-to-Energy Facility to continue to be used to promote the safety, health, welfare, convenience and prosperity of the residents of the City by providing an essential governmental service.
Section 2. That the issuance of the Series 1998A Bonds by the Arlington IDA is approved, and the resolution of the Arlington IDA authorizing the issuance of the Series 1998A Bonds is hereby confirmed and approved in all respects, it being the intent of the City that the concurrence required by the IDA Act, Section 15.2-4905 of the Code of Virginia, 1950, as amended, for the issuance of the Series 1998A Bonds be fully given.
Section 3. That the following documents relating to the Series 1998A Bonds (collectively, the "Project and Financing Documents") are hereby approved in substantially the form of the documents made available to the City Council, with such changes as may be approved by the City Manager and the City Attorney. A copy of each of such documents has been made available to the City Council and shall be placed in the official records of the City:
(a) the Amended and Restated Conditional Sale and Security Agreement by and among Ogden Martin Systems of Alexandria/Arlington, Inc., and the Alexandria Sanitation Authority and the Arlington Solid Waste Authority;
(b) the Amended and Restated Interlocal Joint Enterprise Agreement between the Alexandria Sanitation Authority and the Arlington Solid Waste Authority;
(c) the Bond Purchase Agreement involving Lehman Brothers, the Industrial Development Authority of Arlington County, Ogden Martin Systems of Alexandria/Arlington, Inc.; the Alexandria Sanitation Authority, the Arlington Solid Waste Authority, the City of Alexandria and Arlington County;
(d) a Preliminary Official Statement for the Series 1998A Bonds to the extent the Statement sets forth information for which the City has a continuing disclosure obligation under the Continuing Disclosure Agreement referenced below in subsection (e);
(e) a Continuing Disclosure Agreement for the City of Alexandria that is to assist Lehman Brothers in complying with the requirements of Rule 15c2-12 of the Securities and Exchange Commission as said rule may be amended from time to time;
(f) Amendment No. 5 to the Amended and Restated Facility Construction and Operation Agreement by and among Ogden Martin Systems of Arlington/Alexandria, Inc., the Alexandria Sanitation Authority, the Arlington Solid Waste Authority, the City of Alexandria and Arlington County;
(g) Amendment No. 1 to the Amended and Restated Facility Site Lease by and among the Alexandria Sanitation Authority, the Arlington Solid Waste Authority, the City of Alexandria and Arlington County; and
(h) Amendment No. 2 to the Amended and Restated Waste Disposal Trust Fund Cooperative Agreement between the City of Alexandria and Arlington County.
Section 4. That the City Manager is authorized and directed on behalf of the City to execute and deliver the Project and Financing Documents to which the City is a party (the "City Documents") in substantially the form presented to the City Council with such changes as are approved by the City Attorney and the City Manager. The execution of the City Documents by the City Manager shall constitute conclusive evidence of her approval of any and all changes to the form of the City Documents made available to the City Council.
Section 5. That the City Manager is hereby authorized and directed to take any actions and to execute and deliver any reports, filings, certificates, receipts or instruments approved by the City Attorney, necessary or desirable in connection with the issuance of the Series 1998A Bonds, including (without limitation) the execution and delivery of assignments, acknowledgments, releases, termination statements, certificates or other documents and the approval of any portion of any official statement relating to the City in connection with the issuance of the Series 1998A Bonds.
Section 6. That the terms and provisions of the Guaranty Agreement, the Electricity Sales Agreement and all other agreements, documents and resolutions executed and delivered or adopted by the City related to the Waste-to-Energy Facility which have not been amended in connection with the issuance of the Series 1998A Bonds are hereby ratified and confirmed, such agreements, documents and resolutions being intended to remain in full force and effect.
Section 7. That, in conjunction with the Retrofit that is required to bring the Waste-to-Energy Facility into compliance with the Emission Guidelines and in order to facilitate the financing of the Retrofit with tax-exempt bonds by obtaining a volume cap allocation from the Virginia Small Business Financing Authority, the following are approved: the Retrofit of the facility; the financing of the Retrofit, in whole or in part, with tax-exempt private activity bonds issued by the Arlington IDA, subject to City Council's subsequent approval of all construction and bond documents; and the filing by the Arlington IDA of a request for a volume cap allocation from the Virginia Small Business Financing Authority to enable the Retrofit to be financed, in whole or in part, with tax-exempt bonds.
Section 8. That this Resolution shall take effect immediately upon its adoption.
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OTHER
45. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated June 18, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 6/23/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council (1) scheduled the City Council's fall 1998 Retreat on Saturday, November 21, 1998; (2) scheduled the Environmental Summit on Saturday, October 31, 1998; (3) added (a) Presentation on the King Street Station Pedestrian Access Study, sponsored by the Washington Metropolitan Transit Authority, on Saturday, June 27, 1998, at 8:30 a.m. at the George Washington Masonic Memorial Auditorium; (b) 15th Annual National Night Out, the crime/drug prevention event sponsored by the National Association of Town Watch on Tuesday, August 4, 1998, from 5:00 p.m. to 10:00 p.m. Staff will forward to Council the locations of the events as soon as they are available; (c) 30th Anniversary Dinner of the Senior Citizens Employment and Services of Alexandria, Inc., on Thursday, October 1, 1998 at 6:30 p.m. at the Belle Haven Country Club, 6023 Ft. Hunt Road, as requested by Councilman Speck; (d) Senior Citizens Employment and Services of Alexandria, Inc. Reception to introduce the Alexandria Calendar 1999 on Tuesday, November 10, 1998 at 6:00 p.m. in Room 2000; (e) the Commission on the Condition and the Future of Virginia's Cities meeting in Alexandria on Wednesday, December 2, time and location to be announced; and (f) the City Manager will come back with a recommendation on whether to change the October 17, 1998 Public Hearing meeting date. [A work session was scheduled under docket item no. 23, prior to the second legislative meeting in September with the Alexandria Economic Development Partnership, Inc. and the Alexandria Convention and Visitors Association to discuss the Three-Year Marketing Plan for the City of Alexandria and the recommendations from the Alexandria Convention and Visitors Association Funding Task Force.] The voting was as follows:
Pepper "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
CONTESTED APPOINTMENTS
46. Alexandria Board of Architectural Review - Old and Historic District
2 Architects
1 Citizen Member
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
2 Architects
Vincent Carlin
Lori Quill*
Michael Wheeler*
1 Citizen Member
Jacob Hoogland
Arthur Keleher*
*Incumbent
* * * * *
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 46; 6/23/98, 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 results: City Council reappointed Lori Quill and Michael Wheeler as Architects, and Arthur Keleher as a Citizen Member to the Alexandria Board of Architectural Review - Old and Historic District. The voting was as follows:
Donley - Quill, Wheeler, Keleher
Euille - Quill, Wheeler, Keleher
Cleveland - Quill, Wheeler, Keleher
Pepper - Quill, Wheeler, Keleher
Rich - Carlin, Quill, Keleher
Speck - Quill, Wheeler, Keleher
Walker - Quill, Wheeler, Hoogland
* * * * *
47. Alexandria Board of Architectural Review - Parker-Gray District
2 Citizen Members
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
Rosalyn Bellis
Carolyn Karr
William Moncure*
Mary Schukraft*
Gwena Tibbits
*Incumbent
* * * * *
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 47; 6/23/98, 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 results: City Council reappointed William Moncure and Mary Schukraft as Citizen Members to the Alexandria Board of Architectural Review - Parker-Gray District. The voting was as follows:
Donley - Moncure, Schukraft
Euille - Moncure, Schukraft
Cleveland - Moncure, Schukraft
Pepper - Moncure, Schukraft
Rich - Moncure, Schukraft
Speck - Moncure, Schukraft
Walker - Schukraft, Tibbits
* * * * *
48. Alexandria Community Services Board
2 Citizen Members
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
Michael Bond
Kenneth Carlon
Herbert Karp
Michael Starkweather
* * * * *
(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. 48; 6/23/98, 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 results: City Council appointed Michael Bond and Herbert Karp as Citizen Members to the Alexandria Community Services Board. The voting was as follows:
Donley - Carlon, Karp
Euille - Bond, Starkweather
Cleveland - Bond, Karp
Pepper - Carlon, Karp
Rich - Bond, Karp
Speck - Bond, Karp
Walker - Bond, Karp
* * * * *
49. Alexandria Consumer Affairs Commission
1 Citizen Member
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Alan Dubow
Martha Harris
William Torrans
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 49; 6/23/98, 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 results: City Council appointed Martha Harris as a Citizen Member to the Alexandria Consumer Affairs Commission. The voting was as follows:
Donley - Dubow
Euille - Dubow
Cleveland - Harris
Pepper - Dubow
Rich - Harris
Speck - Harris
Walker - Harris
* * * * *
50. Alexandria Environmental Policy Commission
3 Citizen Members
(The following persons volunteered for appointment to the above Commission:
NAME ENDORSED BY:
Ross Bell
Thomas Bruno
David Deighan
Thomas Fryer
Javier Garcia
Mark Hogan
Kenyon Larsen
John Ray
Edward Raynolds*
Laura Williams
*Incumbent
* * * * *
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 50; 6/23/98, 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 reappointed Edward Raynolds and appointed Ross Bell and Thomas Fryer as Citizen Members to the Alexandria Environmental Policy Commission. The voting was as follows:
Donley - Bell, Garcia, Raynolds
Euille - Bell, Fryer, Raynolds
Cleveland - Bell, Garcia, Raynolds
Pepper - Fryer, Larsen, Raynolds
Rich - Fryer, Hogan, Raynolds
Speck - Bell, Bruno, Raynolds
Walker - Deighan, Fryer, Raynolds
* * * * *
51. Alexandria Law Library Board
1 Citizen Member
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
Dean Markussen
Mabel Shaw
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 51; 6/23/98, 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 Mabel Shaw as a Citizen Member to the Alexandria Law Library Board. The voting was as follows:
Donley - Shaw
Euille - Shaw
Cleveland - Shaw
Pepper - Shaw
Rich - Shaw
Speck - Shaw
Walker - Shaw
* * * * *
52. Northern Virginia Community College Board
1 Citizen Member
(The following persons volunteered or were recommended for appointment to the above Board:)
NAME ENDORSED BY:
Seymour Mann
A. Melvin Miller
Joe Reeder
S. Carolyn Wells James Callahan, D.P.A., Executive V.P./CEO, American Society of Addiction Medicine
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 52; 6/23/98, 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 S. Carolyn Wells as a Citizen Member to the Northern Virginia Community College Board. The voting was as follows:
Donley - Reeder
Euille - Miller
Cleveland - Miller
Pepper - Wells
Rich - Wells
Speck - Wells
Walker - Wells
* * * * *
53. Alexandria Task Force on AIDS
1 Member-at-Large
(The following persons volunteered for appointment to the above Task Force:)
NAME ENDORSED BY:
G. Kenneth Aldrich
Joan Vayo
* * * * *
(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. 53; 6/23/98, 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 G. Kenneth Aldrich as a Member-at-Large to the Alexandria Task Force on AIDS. The voting was as follows:
Donley - Aldrich
Euille - Vayo
Cleveland - Vayo
Pepper - Aldrich
Rich - Aldrich
Speck - Aldrich
Walker - Aldrich
* * * * *
54. Alexandria Youth Policy Commission
1 Citizen Member Who Has An Interest In Issues Affecting Youth In the City
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Tonia Nelson
Joann Roosa
* * * * *
(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. 54; 6/23/98, 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 Joann Roosa as a Citizen Member Who Has An Interest in Issues Affecting Youth in the City to the Alexandria Youth Policy Commission. The voting was as follows:
Donley - Roosa
Euille - Roosa
Cleveland - Roosa
Pepper - Roosa
Rich - Roosa
Speck - Roosa
Walker - Nelson
* * * * *
OTHER (continued)
55. Consideration of Possible Resolution of the Title Dispute Involving the Old Dominion Boat Club. (Mayor Donley)
(A copy of the City Manager's memorandum dated June 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 55; 6/23/98, and is incorporated herewith as part of this record by reference.
Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 55; 6/23/98, and is incorporated herewith as part of this record by reference.)
General Discussion. Members of City Council, Planning and Zoning Director Lynn and City Attorney Sunderland participated in the discussion.
City Attorney Sunderland read a statement from John Parsons, National Park Service; a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item.
WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council deferred this item and set the conceptual plan for the foot of King Street for public hearing on Saturday, September 12, 1998. The voting was as follows:
Walker "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
WITHOUT OBJECTION, City Council considered docket item no. 57 at this time.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
57. Consideration of Endorsement of Letter of Opposition to Proposed Tax Credits for the Quaker Lane Apartments.
(A copy of the City Manager's memorandum dated June 19, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 57; 6/23/98, and is incorporated herewith as part of this record by reference.)
It was suggested that a letter be sent to our legislative delegation asking them to get involved specifically to come up with a legislative solution with respect to the General Assembly issue.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council opposed the issuance of tax credits for Quaker Lane Apartments, and authorized the Mayor to send a letter. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
EXECUTIVE SESSION
56. Consideration of Convening of an Executive Session to Consult with Legal Counsel Pertaining to Actual and Pending Litigation that Involves the City of Alexandria, Pursuant to Virginia Code § 2.1-344(A)(7), and the Performance of Specific Appointees Pursuant to Virginia Code § 2.1-344 (A)(1).
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 1:00 a.m., June 24, 1998, City Council convened an executive session at this time for the purpose of discussing (a) the performance of the City Manager, City Clerk and City Attorney pursuant to Virginia Code § 2.1-344(A)(1); (b) consulting with legal counsel and receiving a briefing by staff members pertaining to probable litigation pursuant to Virginia Code § 2.1-344(A)(7); (3) consulting with legal counsel pertaining to the following litigation involving the city, pursuant to Virginia Code § 2.1-344(A)(7): (a) the May Company v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria which involves the real estate tax assessments on the Hecht Department Store at Landmark Mall; and (b) Quinlin v. City of Alexandria, a case pending in the Virginia Workers' Compensation Commission, which involves a claim for workers' compensation benefits by a former city employee. 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 unanimously, at 2:12 a.m., City Council reconvened the meeting. The voting was as follows:
Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried unanimously, City Council authorized the City Attorney to settle the matters identified in the motion to convene this evening's executive session in accordance with the terms and conditions recommended by the city attorney in the executive session. The voting was as follows:
Speck "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"
THEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution pertaining to the executive session. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich "aye"
The resolution reads as follows:
RESOLUTION NO. 1888
WHEREAS, on this 23rd day of June, 1998, the Alexandria City Council did recess into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.
* * * * *
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, the Regular Meeting of Tuesday, June 23, 1998, was adjourned at 2:13 a.m. on Wednesday, June 24, 1998. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich "aye"
* * * * *
APPROVED BY:
__________________________________________
KERRY J. DONLEY MAYOR
ATTEST:
_____________________________________________
Beverly I. Jett, CMC City Clerk
This docket is subject to change.
* * * * *
Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
* * * * *
Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
* * * * *
Public Notice
The Alexandria Youth Policy Commission is sponsoring Families Facing the Future- A Community Focus on Prevention, on Saturday, June 20, 1998, from 8:30 a.m. to 12:30 p.m., at Lee Center, 1108 Jefferson Street, Alexandria, Va.
Mayor Kerry J. Donley and Council Member Walker will be participating in the program.
* * * * *