Regular Meeting
Tuesday, October 28, 1997 - - 7:30 p.m.
* * * * *
Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Boyd, Director of Citizen Assistance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Mr. Caton, Legislative Director; Fire Chief Hawkins; Mr. Schott, Director of General Services; Mr. McMahon, Deputy Director of General Services; Ms. Steele, Deputy City Manager; Ms. O'Regan, Director of Human Services; Ms. Barnett, Deputy Director of Recreation, Parks and Cultural Activities; Mr. Neckel, Director of Finance; Mr. Powers, Director of Community Services; Mr. Ransom, Special Assistant to the City Manager; Mr. Sanderson, Director of Real Estate Assessments; Ms. Federico, Director of Historic Alexandria; Mr. Simmons, Acting Director of Recreation, Parks and Cultural Activities; Ms. Davis, Director of Housing; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. Smith and Ms. Sechrist, Planners, Planning and Zoning; Mr. Eiffert, Director of Agency on Aging; and Lieutenant Kaluta, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
* * * * *
City Council attended a reception honoring the 1997 business partners of the Summer Jobs for Alexandria Youth Program at 6:00 p.m., in Room 2000, City Hall.
OPENING
The Meeting was called to order by Mayor Donley, and the City Clerk called the Roll; all Members of Council were present.
The Invocation was pronounced by Lieutenant Robert Carolynn Webb, Commanding Officer, Alexandria Salvation Army.
3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Minutes of The Regular Meeting of October 14, 1997, as submitted. The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck out of room
Walker "aye"
4. WITHOUT OBJECTION, City Council received the report of the City Clerk dated October 20, 1997, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/28/97, and is incorporated herewith as part of this record by reference.
WITHOUT OBJECTION, City Council considered Docket Item No. 6.
6. Presentation of Proclamation Recognizing the Campagna Center and "Campagna Kids" for the Program's Twenty Years of Extended Day Care Service for the Children of Alexandria. (Vice Mayor Euille)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/28/97, and is incorporated herewith as part of this record by reference.)
Vice Mayor Euille presented the proclamation.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
5. Presentation of Proclamation to Recognize the New Home of "Metro Stage" and to Honor Robert Craddock for His Contribution in this Effort. (Councilman Speck, Vice Mayor Euille, Councilwoman Pepper and Council Member Walker)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/28/97, and is incorporated herewith as part of this record by reference.)
Councilman Speck presented the proclamation.
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Speck "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Walker "aye"
7. Recognition of the Alexandria Target Store Opening and Presentation of Target Contributions to the City's Office on Women Domestic Violence Program and the Alexandria Community Network Pre-School. (Councilwoman Pepper)
Councilwoman Pepper recognized Mr. Higgins from the Alexandria Target Store, and welcomed Target to Alexandria. Mr. Higgins, on behalf of Target, presented a $1000 check to the City's Office on Women Domestic Violence Program, and a $1000 check to the Alexandria Community Network Pre-School.
Mayor Donley noted that Target employees pledged $11,000 to the United Way Campaign.
WITHOUT OBJECTION, City Clerk Jett read Docket Item Nos. 8 and 9 together; however, City Council considered Docket Item No. 9 first.
9. Presentation of Proclamation Proclaiming October as Disability Employment Awareness Month.
(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. 9; 10/28/97, and is incorporated herewith as part of this record by reference.)
Council Member Rich presented the proclamation.
WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Rich "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"
8. Presentation of the 1997 Business Awards to Alexandria Businesses That Have Shown Exemplary Services to Employees or Customers with Disabilities.
Kathy Snyder, President/CEO, Alexandria Chamber of Commerce, presented the 1997 Business Awards for Exemplary Services to Employees or Customers with Disabilities to the Radisson Plaza Hotel and the National Society of Professional Engineers.
WITHOUT OBJECTION, City Council considered Docket Item No. 27 at this time.
27. Consideration of a Proclamation Honoring Janice Yost Killalea. (Mayor Donley)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 10/28/97, and is incorporated herewith as part of this record by reference.)
Mayor Donley presented the proclamation.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Speck and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Euille "aye" Cleveland "aye"
Speck "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (10 -13)
WITHOUT OBJECTION, City Council removed Docket Item No. 11(g) from the Consent Calendar.
10. Receipt of the Following Resignation From Members of Boards, Commissions and Committees:
(a) Alexandria Environmental Policy Commission
Bridget V. Murphy
(A copy of the above resignation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10(a); 10/28/97, and is incorporated herewith as part of this record by reference.)
11. Uncontested Appointments to Boards, Commissions and Committees:
(a) Ad Hoc City of Alexandria 250th Anniversary Commission
1 Member Designated by the Alexandria Commission For Women
(b) Alexandria Affordable Housing Advisory Committee
1 Builder
(c) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Representative of Councilman David G. Speck
(d) Alexandria George Washington Birthday Celebration Committee
1 Citizen Member
(e) Alexandria Social Services Advisory Board
1 Parent Member
(f) Alexandria Task Force on AIDS
1 Representative From the Northern Virginia AIDS Ministry (NOVAM)
(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 Nos. 11(a-f); 10/28/97, and is incorporated herewith as part of this record by reference.)
12. Receipt of the Financial Report for Period Ending September 30, 1997.
(A copy of the City Manager's memorandum dated October 20, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/28/97, and is incorporated herewith as part of this record by reference.)
13. Receipt of the Annual Report of the Task Force on Information and Communication Technologies.
(A copy of the City Manager's memorandum dated October 22, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/28/97, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item No. 11(g) which was considered under separate motion. The City Manager's recommendations are as follows:
10. City Council received, with regret, the resignation of Bridget V. Murphy from the Alexandria Environmental Policy Commission; requested the Executive Secretary for Boards and Commissions to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.
11. City Council (a) appointed Susan Butler as a Member Designated by the Alexandria Commission for Women to the Ad Hoc City of Alexandria 250th Anniversary Commission; (b) appointed Daniel Abramson as a Builder to the Alexandria Affordable Housing Advisory Committee; (c) appointed Brian Meehan as a Representative of Councilman David G. Speck to the Alexandria Budget and Fiscal Affairs Advisory Committee; (d) appointed Meigs Hodge as a Citizen Member to the Alexandria George Washington Birthday Celebration Committee; (e) appointed Christopher Smith as a Parent Member to the Alexandria Social Services Advisory Board; and (f) appointed Nathan Monell as a Representative From the Northern Virginia AIDS Ministry (NOVAM) to the Alexandria Task Force on AIDS.
12. City Council (1) received the Financial Report for the period ending September 30, 1997; (2) authorized the City Manager or her designee to issue a request for proposals and award a contract to the lowest responsive and responsible bidder to procure the professional services of a consulting firm to replace the existing contract for computer applications programming services as needed to ensure the various City financial and revenue applications programs are supported by programmers with the unique skills required for development or maintenance; (3) authorized the City Manager or her designee to approve a change order, in the amount of $30,000, to an existing contract awarded to Phoenix Development Corporation to cover the full costs of equipment rental and labor, at firm fixed unit prices, required to complete flood control measures on Cameron Run; and (4) approved the requested capital project expenditures detailed in the Capital Improvement Program Planned Expenditures Summary (Attachment 4 of the City Manager's memorandum).
13. City Council received this report.
The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
11. (g) Alexandria Youth Policy Commission
1 Parent of a Child 18 Years of Age or Younger Who Resides in School Board District A
1 Parent of a Child 18 Years of Age or Younger Who Resides in School Board District B
1 Citizen 18 Years of Age or Younger
(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. 11(g); 10/28/97, and is incorporated herewith as part of this record by reference.)
Vice Mayor Euille directed questions to Executive Secretary for Boards and Commissions Boyd concerning the advertising process for these positions.
Ms. Boyd responded to his questions.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council appointed Sheryl Bell as a Parent of a Child 18 Years of Age or Younger Who Resides in School Board District A, Barbara Allen-Hagen as a Parent of a Child 18 Years of Age or Younger Who Resides in School Board District B, and Robert Morrison as a Citizen 18 Years of Age or Younger to the Alexandria Youth Policy Commission. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
14. Consideration of the Ad Hoc Task Force on City Contributions to Non-Profit Human Services Agencies' FY 1999 Priorities for the Community Partnership Fund. (#13 10/25/97; #19 10/14/97) (Vice Mayor Euille and Council Member Rich)
(A copy of the City Manager's memorandum dated September 24, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/28/97, and is incorporated herewith as part of this record by reference.)
City Council took action on this item at its Public Hearing Meeting on Saturday, October 25, 1997.
15. Receipt of the Proposed City Legislative Package for the 1998 General Assembly Session and Setting It for Public Hearing on Saturday, November 15, 1997.
(A copy of the City Manager's memorandum dated October 23, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/28/97, and is incorporated herewith as part of this record by reference.
A copy of a memorandum dated October 25, 1997, from the Southwest Quadrant Civic Association, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 10/28/97, and is incorporated herewith as part of this record by reference.
A copy of the draft verbatim transcript for this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 15; 10/28/97, and is incorporated herewith as part of this record by reference.)
Mayor Donley presented a proposed resolution opposing the elimination of the motor vehicle personal property tax, and requested that it be included in the legislative package.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-1, City Council (1) received the proposals for the City's 1998 legislative package; (2) scheduled the proposed legislative package for public hearing on Saturday, November 15; and (3) scheduled adoption of the legislative package for December 9, following Council's work session with the General Assembly delegation, and (4) Council adopted the resolution presented by Mayor Donley and included it in the legislative package. The voting was as follows:
Rich "aye" Euille "aye"
Pepper "aye" Cleveland "no"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1842
WHEREAS, personal property tax on motor vehicles currently brings in about $29 million in revenues each year to fund Alexandria City programs and services; and
WHEREAS, personal property tax revenues make up the second largest source of City revenue; and
WHEREAS, the revenues from the personal property tax are a substantial part of the City budget, providing critical revenue for schools and public safety; and
WHEREAS, growth in personal property tax revenues has helped Alexandria maintain municipal programs and services despite a decline in the City’s largest revenue source -- the real property tax; and
WHEREAS, proposals to eliminate the motor vehicle personal property tax could have a detrimental impact on the City’s future budgets; and
WHEREAS, proposals to eliminate the motor vehicle personal property tax provide questionable replacement revenue sources to localities, depending entirely upon the State, subject to actions of the General Assembly;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Alexandria, Virginia, does hereby oppose the elimination of the motor vehicle personal property tax and expresses grave concern about any proposals which will take away this important source of revenue for City programs and services.
* * * * *
16. Consideration of the Design and Standards for Use of a Logo for the 250th Anniversary of the City.
(A copy of the City Manager's memorandum dated October 17, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/28/97, and is incorporated herewith as part of this record by reference.)
Councilman Speck directed questions to Ms. Federico, Director of Historic Alexandria, with respect to items 5 and 6 in the memorandum relating to budget items. Ms. Federico will provide Council with a copy of its budget in January.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the design of the logo presented by the City of Alexandria 250th Anniversary Commission and approved the standards for its use. 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) Councilman Cleveland announced the City Council Retreat will be held on Saturday, November 1, 1997, in the City Council Workroom.
(b) Councilwoman Pepper noted that City Manager Lawson was listed as one of the most powerful women in the area in an article in the Washingtonian.
(c) Councilwoman Pepper requested the City Manager to see if there are enough issues to have an environmental summit, or possibly a work session to discuss environmental issues.
(d) Council Member Rich announced that the Bombay Curry House on Mount Vernon Avenue was listed in the Washington Post Magazine as one of the top fifty area restaurants.
(e) Councilman Speck spoke to an excellent article in the Washington Business Journal, which was written by Jo Anne Mitchell, Executive Director, Alexandria Convention and Visitors Association. Alexandria's new slogan is "Alexandria, The Fun Side Of The Potomac."
(f) Councilman Speck complimented staff on its effort for the red light traffic camera program, and requested that the City Manager convey his thanks and appreciation for a job well done.
(g) Councilman Speck reminded everyone that the public hearing on the issue of political signs will be held on November 15. He invited people to come to participate and offer their comments.
(h) Councilman Speck requested staff to look into the trash can logo program in Danville and Roanoke. He will provide Transportation and Environmental Services Director O'Kane with the name and number of a company to contact with respect to the trash cans used in these cities.
(i) Council Member Walker announced that the public work shop on the King Street METRO area is scheduled for Saturday, November 8, at the George Washington Masonic Memorial.
(j) Vice Mayor Euille spoke to the traffic gridlock last Wednesday. He requested that City Council be given a report as soon as possible on what caused the problem when there has been a problem. When there are problems or disruptions, he suggested that Police Department be directed to help direct traffic in gridlock situations.
Councilwoman Pepper indicated that there is a problem with traffic light synchronization on Duke Street every day of the week.
Transportation and Environmental Services Director O'Kane and Assistant Police Chief George participated in the discussion.
(k) Mayor Donley noted that LaBergerie Restaurant was listed in the top 20 restaurants in Gourmet Magazine.
(l) Mayor Donley presented a joint letter with Arlington County with respect to the high density rule on slots at National Airport; a copy of which is on file in the office of the City Clerk, marked Exhibit No. 1 of Oral Presentation (l).
(m) City Attorney Sunderland received Council support for the City to participate with Arlington and Henrico Counties regarding the development of a position on FCC rule making on digital high definition TV towers and land use and zoning authorities.
ORDINANCES AND RESOLUTIONS
17. Consideration of the Repurchase of the Torpedo Factory Art Center and the Adoption of the Resolution Reaffirming the Use of the Torpedo Factory Art Center. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated October 14, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/28/97, and is incorporated herewith as part of this record by reference.)
Councilman Speck noted for the record that he and his firm are tenants of the Torpedo Factory Office Building, but this decision does not in any way affect them, and he is qualified to vote on it.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council (1) authorized the City Manager to proceed with the repurchase of the Torpedo Factory Art Center in accordance with Section 30 of the lease with Alexandria Art Center Associates as amended on August 23, 1983; and (2) adopted the resolution reaffirming the City's intent in repurchasing this building is to ensure the continued future use of the facility as a public art center. 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. 1843
Reaffirming the Continued Use of the Torpedo Factory Building
As A Public Arts Center and Authorizing the Exercise
of the Repurchase Option
WHEREAS, the U.S. Congress in 1981 passed the Economic Recovery Tax Act (ERTA), which amended provisions concerning tax deductions for depreciation and provided tax credits for the rehabilitation of commercial buildings 40 years of age or older; and
WHEREAS, the Internal Revenue Code in 1983 permitted tax-exempt entities, such as cities, to benefit from these provisions through sale/leaseback transactions; and
WHEREAS, the City Council in May 1983 took advantage of these provisions and approved a sale/leaseback of Torpedo Factory Building No. 2 as the most cost-effective means of financing the rehabilitation of this building for public use as an Arts Center; and
WHEREAS, the City has the option to repurchase the Torpedo Factory Building from the Alexandria Art Center Associates in August 1998; and
WHEREAS, over the past twenty years, the Torpedo Factory Arts Center has proven to be an important cultural resource and a cornerstone for the revitalization of the City’s waterfront; and
WHEREAS, the Torpedo Factory Arts Center is a major tourist destination with over 700,000 visitors each year, making the Arts Center the most visited site in the City; and
WHEREAS, the visitors to the Torpedo Factory Arts Center contribute the economic activity in the City through their expenditures on food, lodging and other purchases in the City; and
WHEREAS, the Torpedo Factory Arts Center has become a nationally recognized cultural landmark, a prototype for several art centers across the country, and serves as a focal point for the visual arts in Alexandria; and
WHEREAS, the Torpedo Factory Arts Center was designed and intended for perpetual public use as working space for artists, cooperative galleries, and an art school; and
WHEREAS, the City Council reaffirms 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;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alexandria, Virginia, wishes to exercise the repurchase provision to acquire 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, and hereby directs and authorizes the City Manager to do all acts and things necessary and proper to effect the said repurchase.
* * * * *
OTHER
18. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated October 23, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/28/97, and is incorporated herewith as part of this record by reference.)
Councilman Speck noted that he would not be at the Second Legislative Meeting to be held on Tuesday, November 25, 1997. Vice Mayor Euille noted that he would not be at the Saturday, Public Hearing Meeting on April 18, 1998.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Speck and carried unanimously, City Council approved the City Council schedule and deferred setting a meeting with representatives of the INOVA Alexandria Hospital Board until all parties can agree on a date. The voting was as follows:
Euille "aye" Cleveland "aye"
Speck "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"
CONTESTED APPOINTMENTS
19. Alexandria-Caen Exchange Committee
1 Citizen-at-Large
(The following persons volunteered for or were recommended for appointment to the above Committee:)
NAME ENDORSED BY:
Jeremy Adamson
Olivier Clot de Broissia
Mark Delligatti
Bruce Forshay
Elizabeth Foxwell
Lynn Georgiadis
Nicholas MacNeil Tatyana Schriempf
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 19;
10/28/97, 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: No one received a majority vote; therefore, there was another vote between Mark Delligatti and Nicholas MacNeil. The voting was as follows:
Donley - Delligatti
Euille - MacNeil
Cleveland - Delligatti
Pepper - de Brossia
Rich - Forshay
Speck - Delligatti
Walker - MacNeil
* * * * *
Whereupon, ballots were again distributed, tellers were again appointed and the ballots were again tallied with the following result: City Council appointed Mark Delligatti as a Citizen-at-Large to the Alexandria-Caen Exchange Committee. The voting was as follows:
Donley - Delligatti
Euille - MacNeil
Cleveland - Delligatti
Pepper - Delligatti
Rich - Delligatti
Speck - Delligatti
Walker - MacNeil
* * * * *
20. Alexandria Commission on Employment
1 Citizen Member
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Desmond McIlwain
Mary Ann Ormes
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 20; 10/28/97, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Mary Ann Ormes as a Citizen Member to the Alexandria Commission on Employment. The voting was as follows:
Donley - Ormes
Euille - McIlwain
Cleveland - McIlwain
Pepper - Ormes
Rich - Ormes
Speck - Ormes
Walker - Ormes
* * * * *
21. Alexandria Convention and Visitors Association Board of Governors
1 Representative From the Alexandria Hotel Association
(The following person volunteered and was recommended for appointment to the above Board:)
NAME ENDORSED BY:
Melvin Nichols* Alexandria Hotel Association
*Residency Waiver Required
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 21; 10/28/97, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and appointed Melvin Nichols as a Representative From the Alexandria Hotel Association to the Alexandria Convention and Visitors Association Board of Governors. The voting was as follows:
Donley - Nichols
Euille - Nichols
Cleveland - Nichols
Pepper - Nichols
Rich - Nichols
Speck - Nichols
Walker - Nichols
* * * * *
22. Alexandria Early Childhood Commission
1 Representative of the Alexandria Child Care Directors Association
(The following person volunteered and was recommended for appointment to the above Commission:)
NAME ENDORSED BY:
Dianne Smalley* Alexandria Child Care Directors (Residency Waiver Required) Association
*Incumbent
* * * * *
(Material pertaining to the above appointment is on file in the office of the City and Clerk of Council, marked collectively a Exhibit No. 1 of Item No. 22; 10/28/97, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and reappointed Dianne Smalley as a Representative of the Alexandria Child Care Directors Association to the Alexandria Early Childhood Commission. The voting was as follows:
Donley - Smalley
Euille - Smalley
Cleveland - Smalley
Pepper - Smalley
Rich - Smalley
Speck - Smalley
Walker - Smalley
* * * * *
23. Alexandria Public Health Advisory Commission
1 Non-Health Professional Member
(The following persons volunteered for appointment to the above Commission:
NAME ENDORSED BY:
Mary Jo Johnson
Sandra McIntosh*
Carolyn Miller
*Incumbent
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 10/28/97, 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 Sandra McIntosh as a Non-Health Professional Member to the Alexandria Public Health Advisory Commission. The voting was as follows:
Donley - Johnson
Euille - Johnson
Cleveland - McIntosh
Pepper - McIntosh
Rich - McIntosh
Speck - McIntosh
Walker - Johnson
* * * * *
24. Alexandria Sister Cities Committee
2 Citizen Members
(The following persons volunteered or were recommended for appointment to the above Committee:)
NAME ENDORSED BY:
Valda Anderson Susan M. Brooks
William Busker Tatyana Schriempf
Barbara Emshwiller
Amy Houpt
* * * * *
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 24; 10/28/97, 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 Valda Anderson as a Citizen Member to the Alexandria Sister Cities Committee, and there had to be a second ballot between William Busker and Amy Houp because of a tie vote. The voting was as follows:
Donley - Anderson, Busker
Euille - Busker, Houpt
Cleveland - Anderson, Houpt
Pepper - Anderson, Houpt
Rich - Anderson, Houpt
Speck - Anderson, Busker
Walker - Anderson, Busker
* * * * *
Thereupon, ballots were again distributed, tellers were again appointed and the ballots tallied with the following result: City Council appointed William Busker as Citizen Member to the Alexandria Sister Cities Committee. The voting was as follows:
Donley - Busker
Euille - Busker
Cleveland - Houpt
Pepper - Houpt
Rich - Houpt
Speck - Busker
Walker - Busker
* * * * *
25. Alexandria Youth Policy Commission
2 Representatives of the Business Community
2 Members of Professions Which Require Special Training or Knowledge In Issues Affecting Youth
2 Representatives of Community Non-Profit Agencies Having an Interest In Youth Issues
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED BY:
2 Representatives of the Business Community
Marcia Chaiken
Claude Convisser Chamber of Commerce
M. Catharine Puskar Chamber of Commerce
2 Members of Professions Which Require
Special Training or Knowledge In Issues
Affecting Youth
Kelly Gomes-Matthews
Lisa Lombard
Deborah Schiavone
Marvin Wagner
Pamela Walkup
2 Representatives of Community Non-Profit
Agencies Having an Interest In Youth Issues
Deborah Anderson* Northern Virginia Urban League, Inc.
Sally Campbell* Northern Virginia Family Service
Maureen Flanagan The Campagna Center
Doris Spencer Alexandria Branch NAACP
*Residency Waiver Required
* * * * *
(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. 25; 10/28/97, 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 Claude Convisser and M. Catharine Puskar as Representatives of the Business Community, appointed Marvin Wagner and Pamela Walkup as Members of Professions Which Require Special Training or Knowledge In Issues Affecting Youth, and waived the residency requirement and appointed Deborah Anderson and appointed Doris Spencer as Representatives of Community Non-Profit Agencies Having an Interest in Youth Issues to the Alexandria Youth Policy Commission. The voting was as follows:
Donley - Chaiken, Puskar, Wagner, Walkup, Anderson, Spencer
Euille - Convisser, Puskar, Wagner, Walkup, Anderson, Spencer
Cleveland - Convisser, Puskar, Gomes-Matthews, Lombard, Anderson, Spencer
Pepper - Convisser, Puskar, Wagner, Walkup, Flanagan, Spencer
Rich - Convisser, Puskar, Wagner, Walkup, Anderson, Spencer
Speck - Chaiken, Puskar, Wagner, Walkup, Anderson, Spencer
Walker - Convisser, Puskar, Wagner, Walkup, Flanagan, Spencer
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WITHOUT OBJECTION, City Council considered Docket Item No. 28 at this time.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission
28. TEXT AMENDMENT #97-09 -- NONCONFORMING USES Consideration of an amendment to Section 12-200 (Nonconforming uses) of the Zoning Ordinance to add new provisions (1) requiring that all nonconforming uses abate within seven years unless a special use permit is approved before that time, (2) providing new rules for the repair of structures housing nonconforming uses, and (3) changing the status of certain uses from nonconforming to noncomplying. ( #14 10/25/97; #24 9/13/97)
COMMISSION ACTION: RECOMMEND APPROVAL IN PART 7-0
RECOMMEND DISAPPROVAL IN PART 7-0
(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 10/28/97, and is incorporated herewith as part of this record by reference.
A copy of a draft verbatim transcript for this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 10/28/97, and is incorporated herewith as part of this record by reference.)
There was considerable discussion by the Members of City Council, City Attorney Sunderland, and Planning and Zoning Director Lynn concerning noncomplying uses.
The City Attorney was authorized to wordsmith the ordinance without changing the intent.
Re: Noncomplying Uses: WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved the text amendment approved by the Planning Commission relating solely to waterfront uses, the fraternal clubs and the public buildings. The voting was as follows:
Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
There was further discussion by the Members of City Council, City Attorney Sunderland and Planning and Zoning Director Lynn regarding nonconforming uses.
WHEREUPON, a motion was made by Councilman Cleveland to convert 7-11s/conveniences stores only from nonconforming to a non-concomplying use; which motion died for lack of a second.
Re: Nonconforming Uses: THEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a vote of 5-to-2, City Council referred this item back to staff for additional review and incorporating the language that will allow flexibility for maintenance, repair, upgrade and replacement and have it come back to the Council through the normal process. [This is to go back through the Planning Commission.] The voting was as follows:
Euille "aye" Cleveland "aye"
Walker "aye" Pepper "no"
Donley "aye" Rich "no"
Speck "aye"
This motion would eliminate the abatement period and relax some of the renovations and repair.
EXECUTIVE SESSION
26. Convening of an Executive Session for the Purpose of Consulting with Legal Counsel and a Briefing by Staff Members and Attorneys Pertaining to Potential and Actual Litigation Involving the City, Pursuant to Virginia Code Section 2.1-344(A)(7).
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 10:20 p.m., Council convened an executive session for the purpose of discussing the acquisition and use of real property for a public purpose, pursuant to Virginia Code Section 2.1-344(A)(3); consulting with legal counsel and receiving a briefing from staff members and counsel pertaining to a specific legal matter that requires the provision of legal advice, pursuant to Virginia Code Section 2.1-344(A)(7); consulting with legal counsel pertaining to the following litigation involving the City, pursuant to Virginia Code Section 2.1-344(A)(7): Hefferman v. City of Alexandria, a case pending in the United States District Court for the Eastern District of Virginia, which involves a claim for damages against the City; and BOAT US v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves a challenge to the City's Assessment or computer equipment owned by the petitioner. The voting was as follows:
Speck "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"
THEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried on a vote of 5-to-0, at 11:10 p.m., City Council reconvened the meeting. The voting was as follows:
Rich "aye" Euille out of room
Walker "aye" Cleveland "aye"
Donley "aye" Pepper out of room
Speck "aye"
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, City Council authorized the City Attorney to settle the suits identified in the motion to convene this evening's executive session in accordance with the terms and conditions recommended by the City Attorney in the executive session. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich "aye"
THEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper 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"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1844
WHEREAS, on this 28th day of October, 1997, the Alexandria City Council did recess into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.
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WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried on a vote of 5-to-2, Council moved to reconsider Docket Item No. 28, relating to nonconforming use. The voting was as follows:
Speck "aye" Cleveland "aye"
Euille "aye" Pepper "no"
Donley "aye" Rich "no"
Walker "aye"
THEREUPON, a motion was made by Councilman Speck, seconded by Vice Mayor Euille, that City Council direct staff to draft the proper language for Council to adopt the motion as originally made by Vice Mayor Euille to bring back to Council, and not through the Planning Commission in text amendment form; which motion FAILED on a vote of 3-to-4. The voting was as follows:
Speck "aye" Cleveland "no"
Euille "aye" Pepper "no"
Donley "no" Rich "no"
Walker "aye"
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a vote of 5-to-2, City Council referred the text amendment back to the Planning Commission and deferred consideration by Council. The voting was as follows:
Euille "aye" Cleveland "aye"
Walker "aye" Pepper "no"
Donley "aye" Rich "no"
Speck "aye"
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, at 11:15 p.m., the Regular Meeting of Tuesday, October 28, 1997, was adjourned. The voting was as follows:
Rich "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
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APPROVED BY:
__________________________________________
KERRY J. DONLEY MAYOR
ATTEST:
______________________________________________
Beverly I. Jett, CMC City Clerk
This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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The City Council docket is available via e-mail and fax. If you would like to receive your docket via e-mail or fax, please call the City Clerk and Clerk of Council's Office at 838-4500, or e-mail the City Clerk at: beverly.jett@ci.alexandria.va.us.
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Public Notice
On November 8, 1997, at 8:30 a.m., there will be a Metro Town Meeting to be held at the George Washington Masonic National Memorial Auditorium, 101 Callahan Drive, Alexandria, Virginia. The topic of discussion will include pedestrian access and issues related to the king Street Metro Area.
It is anticipated that more than two members of Council will be participating.
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