Regular Meeting
Tuesday, December 9, 1997 - - 7:30 p.m.
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Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Boyd, Director of Citizen Assistance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Mr. Caton, Legislative Director; Fire Chief Hawkins; Mr. McMahon, Deputy Director of General Services; Ms. Steele, Deputy City Manager; Ms. O'Regan, Director of Human Services; Mr. Neckel, Director of Finance; Mr. Ransom, Special Assistant to the City Manager; Mr. Sudduth, Director of Personnel Services; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Barnett, Deputy Director of Recreation, Parks and Cultural Activities; Ms. Davis, Director of Housing; Police Chief Samarra; and Lieutenant Butler, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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City Council held a work session on the 1998 Legislative Package with the City's Delegation to the Virginia General Assembly at 6:00 p.m. in the Council Workroom.
Legislative Director Caton went through the proposed legislative package. Members of Council, Members of the General Assembly Delegation, City Manager Lawson, and the City Attorney participated in the discussion of the items.
(A copy of the agenda and materials pertaining to this work session are on file in the office of the City Clerk and Clerk of Council, and are incorporated herewith as part of the record.)
The work session concluded at approximately 7:20 p.m.
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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 Rabbi Arnold G. Fink, Senior Rabbi, Beth El Hebrew Congregation.
3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Minutes for the Public Hearing Meeting of November 15, 1997, as submitted. The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council received the report of the City Clerk dated November 26, 1997, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/9/97, and is incorporated herewith as part of this record by reference. The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
5. Presentation of Proclamation Recognizing First Night Alexandria. (Mayor Donley and the Members of City Council)
(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; 12/9/97, and is incorporated herewith as part of this record by reference.)
Councilman Cleveland presented the proclamation.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Euille and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Pepper "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
6. Presentation of Proclamation Recognizing Peyton Robertson, former Chair of the Alexandria Environmental Policy Commission. (Council Member Rich)
(A copy of the proposed proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 12/9/97, and is incorporated herewith as part of this record by reference.)
Council Member Rich and Council Member Walker presented the proclamation.
WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Rich "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Speck "aye"
7. Recognition of the Alexandria Police Department as a Participant in the Advanced Law Enforcement and Response Technology (ALERT) Program, a Recipient of Vice President Gore's National Performance Review Hammer Award..
(A copy of Chief Samarra's memorandum dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 12/9/97, and is incorporated herewith as part of this record by reference.)
City Council congratulated the Alexandria Police Department for receiving Vice President Gore's National Performance Review Hammer Award, which was presented by FHA Administrator Gendell.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (8-12) (20-24)
8. Receipt of the Following Resignations From Members of Boards, Commissions and Committees:
None
9. Uncontested Appointments to Boards, Commissions and Committees:
(a) USS Alexandria Liaison Committee
1 Citizen Member
(b) Alexandria Social Services Advisory Board
1 Parent 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 Nos. 9(a-b); 12/9/97, and is incorporated herewith as part of this record by reference.)
10. Consideration of Request to Vacate Two Positions on the Alexandria Commission for Disabled Persons.
(A copy of the City Manager's memorandum dated November 24, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 12/9/97, and is incorporated herewith as part of this record by reference.)
11. Receipt of the Supplement to the Annual Committee Attendance Report for Fiscal Year 1997.
(A copy of the City Manager's memorandum dated November 26, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 12/9/97, and is incorporated herewith as part of this record by reference.)
12. Receipt of the Fiscal Year 1997 Annual Report of the Alexandria Community Services Board.
(A copy of the City Manager's memorandum dated November 24, 1997, together with the report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 12; 12/9/97, and is incorporated herewith as part of the record by reference.)
20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend Section 5-406(B) of the Alexandria Zoning Ordinance to permit, pursuant to a special use permit, an alternative type of mixed-use development project in the CRMU-X zone that does not contain residential uses, that extends the retail focus requirements of Section 6-503 to the entire project area, that increases the required retail square footage by 50% of the retail focus requirements, and that regulates the project frontages.
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 12/9/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 12/9/97, and is incorporated herewith as part of this record by reference.)
21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend Section 3-505(A) of the Alexandria Zoning Ordinance to clarify that 6,500 square feet of lot area is required to develop a two-family structure on a corner lot in the R-2-5/Single- and Two-Famly zone.
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 12/9/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 12/9/97, and is incorporated herewith as part of this record by reference.)
22. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan to revise the Coordinated Development District guidelines for the Eisenhower Avenue CDD.
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 12/9/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 12/9/97, and is incorporated herewith as part of this record by reference.)
23. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Official Zoning Map of the City of Alexandria, adopted by Section 1-300 of the Alexandria Zoning Ordinance, to provide for the rezoning of the property at 5019 Duke Street, and a portion of the property at 5005 Duke Street, from POS/Public Open Space to CG/Commercial General, with proffer limiting development plan.
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 12/9/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 12/9/97, and is incorporated herewith as part of this record by reference.)
24. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way at 1757 King Street for a stormwater management facility.
(A copy of a memorandum dated December 3, 1997, withdrawing this item, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 12/9/97, 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 Rich and carried unanimously, City Council approved the Consent Calendar as presented. The City Manager's recommendations are as follows:
8. No action was necessary since there were no resignations.
9. City Council (a) appointed Peter Dawson as a Citizen Member to the USS Alexandria Liaison Committee; and (b) reappointed Nina Hillary-Bush as a Parent Member to the Alexandria Social Services Advisory Board.
10. City Council declared as vacant two of the citizen positions on the Commission on Persons with Disabilities, and authorized the Executive Secretary for Boards and Commissions to advertise the vacancies.
11. City Council received the supplemental report, vacated the two positions (one from the Alexandria Commission on Persons With Disabilities, and one from the Alexandria Public Health Advisory Commission), and authorized the Executive Secretary for Boards and Commissions to advertise the vacancies.
12. City Council received the Alexandria Community Services Board's FY 1997 Annual Report.
20. City Council introduced and passed the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 13, 1997.
21. City Council introduced and passed the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 13, 1997.
22. City Council introduced and passed the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 13, 1997.
23. City Council introduced and passed the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 13, 1997.
24. City Council noted the withdrawal of this item.
END OF CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
13. Adoption of the City's Legislative Package for the 1998 General Assembly Session. (#8 11/15/97; #15 10/28/97)
(A copy of the City Manager's memorandum dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/9/97, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council adopted the City's Legislative Package for the 1998 General Assembly session. Mayor Donley and Council Member Walker will continue to serve on Council's legislative committee. The voting was as follows:
Rich "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
14. Consideration of Fixed-Step Pay Scales for General City and City Public Safety Employees. (#14 5/27/97)
(A copy of the City Manager's memorandum dated December 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 12/9/97, and is incorporated herewith as part of this record by reference.)
Members of City Council participated in a discussion on this item.
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 5-to-2, City Council approved Option 1, fixed-step pay scales for General and Public Safety City employees. This Option 1 recommendation is consistent with the City Council approved Compensation Philosophy, and with the declining percentage increases previously discussed by the City Council Committee on the Watson Wyatt Report last spring. The voting was as follows:
Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "no"
Walker "no"
15. Consideration of the Budget and Fiscal Affairs Advisory Committee Report on Future Debt-Related Financial Policies for the City of Alexandria.
(A copy of the City Manager's memorandum dated December 2, 1997, together with the report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 15; 12/9/97, and is incorporated herewith as part of this record by reference.)
There was a lengthy dialogue on this item among the Members of City Council, BFAAC Chairman McIntyre and Member Johnson, and Financial and Information Technology Services Director Gitajn.
Mayor Donley requested that some of the initial budget memoranda be an assessment of our budget as it is proposed and how it stacks up against these financial guidelines in order to draw our collective attention to the budget and the debt-related financial guidelines as that budget affects those guidelines.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-1, City Council (1) thanked the Budget and Fiscal Affairs Advisory Committee members for their hard work and thoughtful analysis, as reflected in this report; and (2) adopted the Debt-Related Financial Policies as presented in the BFAAC report as amended by the Committee on November 18, 1997 (Attachment 1 of the memo). The voting was as follows:
Pepper "aye" Euille "aye"
Rich "aye" Cleveland "no"
Donley "aye" Speck "aye"
Walker "aye"
16. Receipt of the Alexandria Commission for the Arts' Request on the Need for a System to Develop, Monitor, Conserve and Maintain the City of Alexandria's Art in Public Places. (Vice Mayor Euille)
(A copy of the City Manager's memorandum dated December 3, 1997, together with the request, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 16; 12/9/97, and is incorporated herewith as part of this record by reference.)
Vice Mayor Euille spoke to this item.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously, City Council (1) received the Commission's request with recommendations for the need to establish a system to develop, monitor, conserve and maintain the City of Alexandria's art in public places; and (2) scheduled a public hearing to receive input on this request and the Commission's recommendations at City Council's Saturday, January 24, 1998 public hearing. The voting was as follows:
Euille "aye" Cleveland "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"
17. Receipt of Alexandria Planning Commission Resolution Regarding the Five-Year Update to the City's Master Plan. (Councilwoman Pepper and Council Member Rich)
(A copy of the City Manager's memorandum dated December 3, 1997, together with the resolution, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 17; 12/9/97, and is incorporated herewith as part of this record by reference.)
Members of City Council and Planning and Zoning Director Lynn participated in a discussion on this item.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council received the Resolution of the Planning Commission. The voting was as follows:
Pepper "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
18. Consideration of a Proposed Process for Obtaining Recommendations from City Boards and Commissions on Environmental/Quality of Life Issues.
(A copy of the City Manager's memorandum dated December 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 12/9/97, and is incorporated herewith as part of this record by reference.)
Members of City Council, Environmental Policy Commission Chair Tyler and Member Robertson, and City Manager Lawson participated in a discussion on this item.
Councilwoman Pepper asked that documents or policies relating to this issue be requested from other jurisdictions.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council (a) approved a process for involving appropriate City boards and commissions in the identification of (1) environmental/quality of life issues (land, water, air, open space, preservation, and growth); and (2) choices available to the City for addressing these issues along with the cost implications associated with them; (b) requested the Environmental Policy Commission to (1) review the issues, choices and attendant costs prepared by the appropriate boards and commissions; and (2) prepare recommendations on priorities and attendant costs; and (c) requested City staff to (1) review and comment on the Environmental Policy Commission's recommended priorities and the cost estimates associated with them; and (2) forward the Environmental Policy Commission's recommendations and cost estimates to City Council along with staff's recommendations and estimate of costs; and added the following: to ask the Environmental Policy Commission to come back to Council in May with what they have been able to gather from other interested boards and commissions about what the priorities might be and what the City might do, let staff have a chance to review it, and then plan to have a broad public discussion with a summit like vehicle in June; and requested staff to get notice out in December to other boards and commissions for comment; and added a proviso that if the EPC cannot meet this schedule, that it has the flexibility to come back to advise Council that it is having difficulty meeting the deadline and request an extension of time. The voting was as follows:
Pepper "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
19. Discussion of the Call to Community Program. (Vice Mayor Euille and Council Member Rich)
Vice Mayor Euille and Council Member Rich spoke to this item.
Vice Mayor Euille will be bringing forth a resolution that will give creditability to the need to move forward with an initiative and a discussion on race. A steering committee will be formed to consist of Vice Mayor Euille, Council Member Rich, Special Assistant to the City Manager Ransom, CMO staff, representatives of the ministerial alliance, and community representatives to begin the process of formulating something that can be brought back to City Council with a formal recommendation within 60 to 90 days.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilman Cleveland announced that he received a bulletin from Richmond announcing a public hearing on Tuesday, December 16, from 2 to 5 p.m., at House Room D of the General Assembly Building in Richmond. He indicated that it would be good for the business community to attend. The items up for discussion will be the BPOL tax, real estate tax, tangible personal property tax, earned income tax credit, county and city taxing authority, and the roles and responsibility of local government.
(b) Councilman Cleveland congratulated sponsors of the Christmas Walk on another successful Christmas Walk. He also congratulated and complimented the Warwick Village Association for the display of luminaries in their neighborhood.
(c) Councilwoman Pepper saluted Lois Berlin, Principal, George Mason Elementary School, for receiving The Washington Post's Distinguished Educational Leadership Award.
(d) Councilwoman Pepper spoke to a letter from Ann Plamondon in the Alexandria Gazette about the animal shelter. Councilwoman Pepper requested the City Manager to identify some possible sites for a new animal shelter.
(e) Mayor Donley noted that the 1996 teen pregnancy rate has declined by 21.4 percent, from 159 in 1995 to 125 in 1996. This represents the lowest rate in ten years; however, he indicated that it is still too high. Alexandria has the highest rate in Northern Virginia.
ORDINANCES AND RESOLUTIONS
25. Consideration of Resolution Establishing Budget Guidelines for Fiscal Year 1999. (Mayor Donley) [ROLL-CALL VOTE]
(A copy of the resolution is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 12/9/97, and is incorporated herewith as part of this record by reference.)
Mayor Donley explained this item.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the Resolution. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich out of room
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1849
WHEREAS, the City of Alexandria and the Greater Washington region face continued economic challenges; and
WHEREAS, the Alexandria City Council has previously exhibited restraint when considering its annual budget and financial policies; and
WHEREAS, the Alexandria City Council wishes to establish structure surrounding upcoming budget deliberations to ensure responsible actions with current economic resources;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alexandria, Virginia, that the Council shall, for the purposes of consideration of the Budget for the City of Alexandria, adhere to the following rules of procedure:
Section (a) Proposed Budget for the City of Alexandria --
(1) For purposes of this resolution, the budget baseline of revenue rates and expenditure levels for the fiscal year shall be that proposed by the Manager of the City of Alexandria.
(2) For purposes of this resolution, the Office of Management and Budget shall provide revenue and/or expenditure projections for any motion or amendment which could affect the proposed budget specified in paragraph (1).
Section (b) Maximum Expenditure Levels May Not Exceed Sum of Projected Revenue and Appropriation from Undesignated Fund Balance in Proposed Budget --
(1) It shall not be in order in the Alexandria City Council to consider any motion or amendment to the proposed budget of the City of Alexandria if such motion or amendment would have the effect of increasing any specific budget outlays above the level of such outlays contained in the proposed budget specified in section (a) of this resolution, or would have the effect of reducing any specific revenues below the level contained in the proposed budget specified in section (a) of this resolution, unless such motion or amendment makes at least an equivalent reduction in other specific budget outlays, identifies an equivalent increase in other specific revenues, or an equivalent combination thereof.
(2) In the Alexandria City Council any appropriation from the Undesignated Fund Balance or like account beyond that proposed in the Manager's proposed budget shall require an affirmative vote of five Council Members.
(3) In the event that the City Manager recommends final revenue adjustments that result in a net increase or net decrease from the revenue estimates specified in section (a) of this resolution, the net change in the revenue estimate shall be reflected as a change in the proposed appropriation from the Undesignated Fund Balance. As specified in Section 2(b), any appropriation from the Undesignated Fund Balance beyond that proposed in the Manager's proposed budget, including the net effect of final revenue adjustments, shall require an affirmative vote of five Council Members.
Section (c) Expiration -- The provisions of this resolution shall expire on June 30, 2000.* * * * *
26. Consideration of Resolution to Set Rate for Basic Cable Service in the City of Alexandria. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated December 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 12/9/97, and is incorporated herewith as part of this record by reference.)
Councilman Speck directed questions to Citizen Assistance Director Boyd and City Attorney Sunderland.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council approved the staff findings and adopted the resolution which approves the Jones Communications rate filing that increases the monthly rate for basic cable service from $10.96 to $11.38 effective July 1, 1997. The new basic cable service rate has been in effect since July 1. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1850
WHEREAS, on December 10, 1996, City Council adopted Resolution No. 1812 which established the monthly rate charged by Jones Intercable of Alexandria, Inc. ("Jones"), for limited basic cable service in the City of Alexandria, (i) at $9.79, effective September 1, 1993, (ii) $10.42, effective September 1, 1995, and (iii) $10.96, effective September 1, 1996; and
WHEREAS, on April 25, 1997, Jones submitted to the City of Alexandria a rate filing that requested an increase in the monthly rate for limited basic cable service, effective July 1, 1997, which was designed to cover cost increases incurred by Jones arising from inflation, increases in external costs and increases in programming costs; and
WHEREAS, on July 1, 1997, as authorized by regulations of the Federal Communications Commission, 47 C.F.R. § 76.922, and by section 9-3-208 of The Code of the City of Alexandria, Jones implemented a new rate schedule that increased the monthly rate for limited basic cable service from $10.96 to $11.38; and
WHEREAS, City staff have reviewed the regulations of the Federal Communications Commission which apply to increases in the monthly rate charged by operators of cable systems for limited basic cable service, and have consulted with experts in the field of cable rate regulation who have reviewed the documentation submitted by Jones in support of the increase it seeks in the monthly rate for limited basic cable service; and
WHEREAS, City staff have concluded that the rate increase sought by Jones complies with applicable Federal Communications Commission regulations and rate standards;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
1. That the increase in the monthly rate for limited basic service, from $10.96 to $11.38, that Jones implemented in the City of Alexandria on July 1, 1997, shall be, and hereby is, approved.
2. That, as to the rate increase described above in paragraph 1, this resolution shall constitute the order required by section 9-3-208(b) of The Code of the City of Alexandria.
3. That the City Manager shall cause notice of the adoption of this resolution and of its availability for public inspection to be given in a newspaper having general circulation in the City.
4. That the City Manager shall be, and hereby is, authorized to undertake any action on behalf of the City, including the execution of documents, that is necessary or desirable to implement the approval provided in this resolution.
5. That this resolution shall be effective upon its adoption.
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27. Consideration of Resolution Providing Local Governing Body Approval of ARHA Issuance of Tax-Exempt Bonds to Finance the Acquisition and Rehabilitation of Essex House Apartments in Alexandria. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated December 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 12/9/97, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council (1) adopted the resolution approving the issuance, by the Alexandria Redevelopment and Housing Authority (ARHA), of up to $15 million in tax-exempt bonds to Essex House Neighborhood Corporation, formed by Homes for America, for the acquisition and rehabilitation of Essex House Apartments, a 209-unit apartment rental complex in Alexandria; and (2) authorized the Clerk of the Council to complete the proposed Certificate of Resolution. The voting was as follows:
Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1851
WHEREAS, the Essex House Neighborhood Corporation, a Virginia corporation (the "Borrower"), has requested the Alexandria Redevelopment and Housing Authority (the "Issuer"), to undertake the financing of the acquisition, rehabilitation and equipping of a 209-unit multi-family housing development located at 375 South Reynolds Street, Alexandria, Virginia (the "Project"), through the issuance of its revenue bonds in an amount not to exceed $15,000,000 (the "Bonds"); and
WHEREAS, the Issuer has held a public hearing on the issuance of the Bonds on November 24, 1997, in accordance with Section 15.1-1378.1 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 15.1-1378.1 of the Virginia Code and Section 147(f) of the Internal Revenue Code; and
WHEREAS, a copy of the Issuer’s November 24, 1997, resolution approving the issuance of the Bonds, a fiscal impact statement and a reasonably detailed summary of the comments made at the November 24, 1997, 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 15.1-1378.1 of the Virginia Code and to the extent required under Section 147(f) of the Internal Revenue Code.
2. This resolution shall take effect immediately upon its adoption.
ADOPTED: December 9, 1997
/s/Kerry J. Donley, Mayor
ATTEST:
/s/Beverly I. Jett, CMC City Clerk
* * * * *
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 December 9, 1997, 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 9th day of December, 1997.
/s/Beverly I. Jett, CMC City Clerk
* * * * *
28. Consideration of Resolution endorsing the nomination of the Potomac River Basin as an American Heritage River. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated December 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 12/9/97, 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 ROLL-CALL vote of 6-to-0, City Council adopted the resolution which supports the nomination of the Potomac River Basin as an American Heritage River. The voting was as follows:
Walker "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich out of room
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1852
WHEREAS, the President of the United States has announced his intentions to honor ten American rivers by designating them as “American Heritage Rivers”; and
WHEREAS, the primary goal of this initiative is to integrate the environmental, historic and economic development programs and services of multiple federal agencies to better serve local communities; and
WHEREAS, the initiative will not involve any new regulations and will impose no restrictions on property owners or local governments; and
WHEREAS, the initiative will not affect existing state laws or local ordinances; and
WHEREAS, Alexandria borders on the Potomac River; and
WHEREAS, the citizens of Alexandria look to the Potomac River as a source of inspiration and recreation; and
WHEREAS, the condition of the Potomac River is of concern to the citizens of Alexandria; and
WHEREAS, a diverse coalition of citizens from Virginia, Maryland, West Virginia, Pennsylvania and the District of Columbia has been working to nominate the Potomac River Basin for recognition as an American Heritage River; and
WHEREAS, the citizens of Alexandria would benefit from Presidential recognition of the Potomac River Basin as an American Heritage River; and
WHEREAS, the citizens of Alexandria wish to join with the other residents of the Basin, from the Fairfax Stone in West Virginia, to our national capitol in Washington, D.C., and on to Point Lookout in Maryland, and from the Tuscarora Mountains in Pennsylvania, to Smith Point in Virginia, in nominating our river and its tributaries as an American Heritage River;
NOW, THEREFORE, BE IT RESOLVED, that the City of Alexandria endorses the nomination of the Potomac River Basin as an American Heritage River and urges President Clinton to designate the Potomac River Basin as an American Heritage River.
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OTHER
29. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated December 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 12/9/97, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council received the updated Council Calendar. The Council Calendar includes the following additions since the November 25 legislative session: Saturday, December 6, 1997, luncheon with the Lord and Lady Provost of our sister city in Dundee, Scotland, which was held at the Warehouse Restaurant located at 214 King Street; Saturday, December 13, 1997, Police Department and the Crime Prevention Council Holiday Party for underprivileged children will be on Saturday, December 13, in the multi-purpose room at police headquarters from 10:30 a.m. to 3:00 p.m. A van will be provided to transport Council to the party during the lunch break; Thursday, January 29, 1998, the breakfast meeting with INOVA Alexandria Hospital representatives will be on Thursday, January 29, 1998, at 8:30 a.m. in the Council Workroom; Monday, February 2, 1998, the City Employee Service Awards Program will be held on Monday, February 2, 1998, at 5:30 p.m. at the Torpedo Factory Art Center; and Thursday, February 26, 1998, the Alexandria Chamber of Commerce State of the City Breakfast will be on Thursday, February 26, 1998, at 8:00 a.m. at the Holiday Inn Hotel and Suites, which is located at 625 First Street. The voting was as follows:
Rich "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
CONTESTED APPOINTMENTS
30. Alexandria-Caen Exchange Committee
1 Representative from the Public Schools in the
City of Alexandria
(The following person volunteered or was recommended for appointment to the above Committee:)
NAME ENDORSED BY:
Gregory Jones* Herb Berg, Superintendent of Schools
* * * * *
*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. 30; 12/9/97, 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 Gregory Jones as a Representative from the Public Schools in the City of Alexandria to the Alexandria-Caen Exchange Committee. The voting was as follows:
Donley - Jones
Euille - Jones
Cleveland - Jones
Pepper - Jones
Rich - Jones
Speck - Jones
Walker - Jones
* * * * *
31. Alexandria Building Code Board of Appeals
1 Citizen Member
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
Anna McCaffery
Russell Merbeth
* * * * *
(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. 31; 12/9/97, 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 Anna McCaffery as a Citizen Member to the Alexandria Building Code Board of Appeals. The voting was as follows:
Donley - Merbeth
Euille - Merbeth
Cleveland - McCaffery
Pepper - Merbeth
Rich - McCaffery
Speck - McCaffery
Walker - McCaffery
* * * * *
32. 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
2 Members Who Have Expertise in the Arts, Either As a Practitioner of An Art Discipline or As a Professional Administrator Working in the Field
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED:
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
Tiffany Larbalestier Kimberly A. Maney, Chair, Arts Education Committee, Alexandria Commission for the Arts
Suzanne Tacktill
2 Members Who Have Expertise in the Arts, Either
As a Practitioner of An Art Discipline or As a
Professional Administrator Working in the Field
Paul Marks
Annmarie Pittman*
Donald Williams Patricia A. Shea
*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. 32; 12/9/97, 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 Tiffany Larbalestier 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, and reappointed Annmarie Pittman and appointed Donald Williams as Members Who Have Expertise in the Arts, Either As a Practitioner of An Art Discipline or As a Professional Administrator Working in the Field to the Alexandria Commission For The Arts. The voting was as follows:
Donley - Larbalestier, Marks, Pittman
Euille - Larbalestier, Pittman, Williams
Cleveland - Tacktill, Pittman, Williams
Pepper - Larbalestier, Marks, Pittman
Rich - Larbalestier, Pittman, Williams
Speck - Tacktill, Pittman, Williams
Walker - Larbalestier, Pittman, Williams
* * * * *
33. Alexandria Industrial Development Authority
1 Citizen Member
(The following persons volunteered or were recommended for appointment to the above Authority:)
NAME ENDORSED BY:
Donald Simpson, Sr. Scott C. Humphrey, Chairman, Alexandria Industrial Development Authority
Raymond J. Whitney, Jr.
* * * * *
(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. 33; 12/9/97, 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 Donald Simpson, Sr. as a Citizen Member to the Alexandria Industrial Development Authority. The voting was as follows:
Donley - Simpson
Euille - Simpson
Cleveland - Simpson
Pepper - Simpson
Rich - Simpson
Speck - Simpson
Walker - Simpson
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EXECUTIVE SESSION
34. 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 9:55 p.m., City Council convened an executive session at this time for the purposes of: consulting with legal counsel and receiving a briefing by staff members, consultants or attorneys, pertaining to actual or probable litigation, pursuant to Virginia Code section 2.1-344(A)(7); and consulting with legal counsel pertaining to the following litigation involving the City, pursuant to Virginia Code section 2.1-344(A)(7): Jebran v. City of Alexandria, et al., a case pending in the Circuit Court for the City of Alexandria, which involves injuries sustained by plaintiff in an accident involving a motor vehicle driven by a 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 Council Member Walker and carried on a vote of 5-to-0, at 11:50 p.m., City Council reconvened the meeting. The voting was as follows:
Speck "aye" Euille out of room
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich out of room
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council authorized the City Attorney to settle the suit 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 out of room
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich out of room
THEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 4-to-1, City Council authorized the Mayor to sign the Section 106 Memorandum of Agreement (MOA) regarding the Woodrow Wilson Bridge with the appropriate language stating the reservations as expressed by the City. The voting was as follows:
Speck "aye" Euille out of room
Walker "aye" Cleveland "no"
Donley "aye" Pepper "aye"
Rich out of room
WHEREUPON, upon motion by Councilman Speck, seconded by Council Memer 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. 1853
WHEREAS, on this 9th day of December, 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.
* * * * *
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, at 11:55 p.m., the Regular Meeting of Tuesday, December 9, 1997, was adjourned. 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.
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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.
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Public Notice
A regional legislative meeting for Northern Virginia localities has been scheduled for Monday, January 5, 1998, at the Ritz Carlton Hotel at Tysons Corner. A reception will be held at 6:30 p.m., followed by dinner and the meeting at 7:30 p.m. The purpose of this and other regional meetings VML holds around the state is to discuss informally the legislative issues that are expected to arise during the 1998 General Assembly Session.
It is anticipated that more than two Members of Council will be attending.
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Public Notice
On Thursday, February 5, 1998, the annual General Assembly Legislative Day, sponsored by VML and VACo, will be held at the Richmond Marriott Hotel, at 5th and Broad Streets, Richmond, Virginia. The day includes a legislative update beginning at 2:00 p.m., followed by a reception at 5:30 p.m. Dinner with the legislative delegation will be at 6:30 p.m. at the Marriott.
It is anticipated that more than two Members of Council will be attending.
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