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Regular Meeting
Tuesday, February 9, 1999 - - 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; Mr. O'Kane, Director of Transportation and Environmental Services; Mrs. Godwin, Director of Management and Budget; Ms. Steele, Deputy City Manager; Mr. Ransom, Special Assistant to the City Manager for Human Relations; Mr. Neckel, Director of Finance; Fire Chief Hawkins; Ms. Boyd, Director of Citizen Assistance; Legislative Director Caton; Mr. Sudduth, Director of Personnel Services; Ms. O'Regan, Director of Human Services; Ms. Gattsek, Director of Office on Women; Ms. Hazel, Deputy Director of Code Enforcement; Ms. Davis, Office of Housing; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Johnson, Division Chief, Planning and Zoning; Ms. Berstch, Public Information Officer; Mr. Barbash, Consumer Affairs Administrator; Police Chief Samarra; and Lieutenant Butler, Police Department.

Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
* * * * *

At 7:15 p.m., the annual meeting of the Alexandria Transit Company Stockholders was held.

(Material pertaining to this meeting is on file in the office of the City Clerk and Clerk of Council, and is incorporated herewith as part of the record.)

The stockholders meeting was concluded at 7:40 p.m.
* * * * *

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 Roger Baskin, Pastor of Roberts Memorial Methodist Church.






3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Minutes of (a) the Public Hearing Meeting of Saturday, January 23, 1999; and (b) the Regular Meeting of Tuesday, January 26, 1999, 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 February 2, 1999, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/9/99, 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 Proclaiming the Week of February 7-13, 1999, as Child Safety Week in the City of Alexandria. (Council Member Rich)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 2/9/99, 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 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"















REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (6 - 9) (12)

WITHOUT OBJECTION, City Council withdrew docket item nos. 8 and 9 from the Consent Calendar and considered them under separate motions.

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

(a) Alexandria Public Records Advisory Commission
Katherine E. Swiencki

(b) Alexandria Social Services Advisory Board
Nina Hilary-Bush
John Rozzelle

(A copy of each of the above resignations is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item Nos. 6 (a-b); 2/9/99, and is incorporated herewith as part of this record by reference.)

7. Uncontested Appointments to Boards, Commissions and Committees:

(a) Ad Hoc Alexandria Year 2000 Census Complete Count Committee
1 Member Nominated by the Lynhaven Civic Association

1 Member Nominated by the NorthEast Citizens' Association

(b) Ad Hoc City of Alexandria 250th Anniversary Commission
1 Member Designated by Bienvenidos

(c) Alexandria Commission on Persons With Disabilities
3 Citizen Members Who Have Disabilities

(d) Alexandria Community Policy and Management Team
1 Representative of a Private Organization or
Association of Providers of Children's or Family
Services Whose Office Is Located Within the City

(e) Alexandria Consumer Affairs Commission
1 Member Representing a Local Consumer Action Organization

1 Business Member

(f) Alexandria Early Childhood Commission
1 Representative of the President of the Alexandria Chamber of Commerce

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

(h) Alexandria George Washington Birthday Celebration Committee

1 Member Nominated by a Veterans Organization Other Than the American Legion and the Veterans of Foreign Wars


(i) Alexandria Landlord-Tenant Relations Board
1 Tenant Member

(j) Alexandria Park and Recreation Commission
2 Members From Among the High School Youth of the City

(k) Alexandria Task Force on AIDS
1 Representative from the Alexandria Human Rights Commission

(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 7 (a-k); 2/9/99, and is incorporated herewith as part of this record by reference.)

12. Introduction and First Reading. Passage on First Reading of AN ORDINANCE Authorizing and Empowering the Issuance, Sale, and Delivery of General Obligation Bonds not to exceed Sixty Million Dollars, to Finance Various Public Improvements.

(A copy of the City Manager's memorandum dated February 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 2/9/99, 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. 12; 2/9/99, and is incorporated herewith as part of this record by reference.

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. 3 of Item No. 12; 2/9/99, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously, City Council approved the Consent Calendar as presented, with the exception of docket item nos. 8 and 9 which were considered under separate motions. The City Manager's recommendations are as follows:

6. City Council received the following resignations with regret: (a) Katherine E. Swiencki from the Alexandria Public Records Advisory Commission, and (b) Nina Hilary-Bush and John Rozzelle from the Alexandria Social Services Advisory Board; requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

7. City Council (a) appointed Ruby Tucker as a Member Nominated by the Lynhaven Civic Association, and Michael O'Neil as a Member Nominated by the NorthEast Citizens' Association to the Ad Hoc Alexandria Year 2000 Census Complete Count Committee; (b) appointed Eve Marie Stocker as a Member Designated by Bienvenidos to the Ad Hoc City of Alexandria 250th Anniversary Commission; (c) appointed John Bollinger (Identified a Disability), Fred DeVinney (Identified a Disability), and Magnus Monson (Identified a Disability) as Citizen Members Who Have Disabilities to the Alexandria Commission on Persons With Disabilities; (d) appointed Katherine Morrison as a Representative of a Private Organization or Association of Providers of Children's or Family Services Whose Office is Located within the City to the Alexandria Community Policy and Management Team; (e) reappointed Annette Cleckner as a Member Representing a Local Consumer Action Organization and appointed Alan Dubow as a Business Member to the Alexandria Consumer Affairs Commission; (f) appointed Diane Charles as a Representative of the President of the Alexandria Chamber of Commerce to the Alexandria Early Childhood Commission; (g) appointed Lisa Edouard as a Member From the Field of Ecology to the Alexandria Environmental Policy Commission; (h) reappointed Joseph Shumard as a Member Nominated by a Veterans Organization Other than the American Legion and the Veterans of Foreign Wars to the Alexandria George Washington Birthday Celebration Committee; (i) reappointed Richard Sforza as a Tenant Member to the Alexandria Landlord-Tenant Relations Board; (j) appointed Alex Rubenstein and Allison Swindell as Members From Among the High School Youth of the City to the Alexandria Park and Recreation Commission; and (k) appointed Sherry deVries as a Representative From the Alexandria Human Rights Commission to the Alexandria Task Force on AIDS.

12. Councilman Speck acknowledged for the record that the parent company of his employer may choose to competitively bid on these bonds. He stated that he has no financial interest in those decisions and feels qualified to vote.

City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, February 23, 1999.

END OF CONSENT CALENDAR

The voting was as follows:

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

8. Consideration of a Grant Application for the Virginia Department of Criminal Justice Services (DCJS) for a Third Year of Funding for the School Resource Officer (SRO) in the George Washington Middle School.

(A copy of the City Manager's memorandum dated January 20, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 2/9/99, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille requested staff to provide Council with an evaluation in terms of how this initiative has been working, i.e., the good, the bad, and a report on its accomplishments. Staff was also requested to provide any new ideas or suggestions that Council might want to consider.








WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council (1) approved the grant application to the Virginia DCJS 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. The Police Department has included funding for this grant in its FY 2000 budget request; (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 DCJS or other non-City sources; 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"

9. Consideration of City Police Department Participation in the Department of Justice, National Institute of Justice Project AGILE (Advanced Generation Interoperability for Law Enforcement) Program.

(A copy of the City Manager's memorandum dated January 28, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 2/9/99, and is incorporated herewith as part of this record by reference.)

Chief Samarra introduced Bob Greenberg, Senior Vice President with GNH International Services, and Brenna Smith from the National Institute of Justice, Office of Science and Technology, and in particular, the AGILE Program Manager.

Ms. Smith briefed Council on the AGILE Program and thanked the Members of Council.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Speck and carried unanimously, City Council: (1) authorized the acceptance of $90,000 in initial federal contract funding; (2) authorized an increase in the authorized strength of the Police Department by one Police Sergeant. This authorization would be for the duration of the contract funding; and (3) authorized the City Manager to execute all documents that may be required.

The funds will be used to create the National Institute of Justice, Alexandria Virginia Police Department Advanced Generation Interoperability for Law Enforcement (AGILE) project. Receipt of this funding is contingent upon final approval from the National Institute of Justice, Office of Science and Technology, National Law Enforcement Technology Center - NE, Rome, NY. The voting was as follows:

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




REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

10. Consideration of Update Report on Items Before the 1999 General Assembly.

(A copy of the City Manager's memorandum dated February 8, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 2/9/99, and is incorporated herewith as part of this record by reference.)

Legislative Director Caton provided an update to the City Council on legislation before the General Assembly.

Mayor Donley spoke to the creation of the State Transit Capital Fund which basically takes money out of transit operations that's earmarked for Metro which has a negative impact on not only the City but also the entire region and asked the status of this. Legislative Director Caton responded to his concern

Councilman Speck, with respect to HB 2031(defeated), suggested to the Mayor, in his capacity as VML legislative chair, that future effort should be more focused on trying to get VML to try to get this more as a need for local government and less as a parochial issue that one jurisdiction may want or not want.

Mayor Donley stated that he was successful in getting it into the VML legislative package this year. He indicated that it is our intention to bring it back next year. Mayor Donley noted that the City could work with VML and the other member jurisdictions, that it really is an issue of concern for all localities.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, City Council approved the following as recommended by the City Council's legislative subcommittee (Mayor Donley and Council Member Walker): (1) adopted the positions on legislation that has been introduced in the 1999 General Assembly Session as noted in Attachment 1 to the City Manager's memorandum; (2) supported those legislative and budget proposals relating to education funding that (a) increase State funding to the greatest degree possible; (b) give local governments maximum flexibility in terms of the ways they may expend State education funds; (c) include a distribution formula which is as beneficial to the City as possible; and (d) do not require local governments to maintain or exceed their local per pupil expenditure each year; (3) supported budget amendments requested by the Virginia Association of Commonwealth's Attorneys; and (4) supported budget amendments requested for the Virginia Housing Partnership Fund. The voting was as follows:

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

11. Consideration of an Increase to the City's Community Development Block Grant Allocation for Rehabilitation of the Alexandria Residential Care Home.

(A copy of the City Manager's memorandum dated January 25, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 2/9/99, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council allocated $9,000 in CDBG program income from the Fayette Court project to build a deck over the patio in the backyard of the Alexandria Residential Care Home. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Council Member Rich spoke to the Woodrow Wilson Bridge process, as did Councilman Speck.

WHEREUPON, a motion was made by Council Member Rich and seconded by Councilwoman Pepper, to delay the executive session tonight until Council can have a public hearing on the matter; which motion failed on a vote of 2 "ayes" and 5 "nays". The voting was as follows:

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

There was further discussion on this issue.

WHEREUPON, a motion was made by Council Member Rich and seconded by Councilwoman Pepper, to address the settlement in an open meeting and not hold an executive session; which motion failed on a vote of 3 "ayes" and 4 "nays". The voting was as follows:

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

City Attorney Sunderland stated that there can be no action taken in executive session, and no action will be taken in executive session. Should action be taken, Council would reconvene to do so.











ORDINANCES AND RESOLUTIONS

13. Consideration of Request to Transfer Control of Jones Communications of Alexandria From Jones Intercable, Inc. to Comcast Corporation. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated January 22, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 2/9/99, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille, Councilman Speck and Councilman Cleveland posed questions to City Attorney Sunderland and Cable Administrator Boyd.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council approved the transfer of control of the City's cable franchise held by Jones Communications of Virginia, Inc., a subsidiary of Jones Intercable, Inc. (Jones), from Jones to Comcast Corporation (Comcast) and adopted, on a roll-call vote, the resolution approving the transfer. 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. 1907

WHEREAS, in Ordinance No. 3728, enacted on June 18, 1994, city council granted Jones Communications of Virginia, Inc., a franchise to operate a cable television system in the City of Alexandria (the “Franchise”); and

WHEREAS, Jones Intercable, Inc., is the parent corporation of Jones Communications of Virginia, Inc.; and

WHEREAS, Jones International, Ltd. and certain of its affiliates (the “Jones Entities”) currently own, directly or indirectly, more than 50 percent of the common stock of Jones Intercable, Inc. (the “Control Shares”) and are entitled to elect 75 percent of the board of directors of Jones Intercable Inc.; and

WHEREAS, on August 12, 1998, the Jones Entities entered into an agreement with Comcast Corporation (“Comcast”) to sell the Control Shares to Comcast; and

WHEREAS, upon its purchase of the Control Shares from the Jones Entities, Comcast intends to transfer the Control Shares to its wholly-owned subsidiary, Comcast Cable Communications, Inc. (“Comcast Cable”); and

WHEREAS, under section 9-3-35 of The Code of the City of Alexandria, Virginia, 1981, as amended, the agreement to sell the Control Shares to Comcast and the agreement of Comcast to transfer the Control Shares to Comcast Cable, constitute a transfer of the control of Jones Communications of Virginia, Inc. (the “Transfer”), which requires the approval of city council; and

WHEREAS, on October 2, 1998, Jones Communications of Virginia, Inc., filed an application seeking city council approval of the Transfer (the "Application”); and

WHEREAS, as stated in the Application, Jones Communications of Virginia, Inc., will remain the entity providing cable television services in the city pursuant to the Franchise, will continue to be bound by the terms and conditions of the Franchise, will keep its local management in place, and has no plans to change any of its plant, equipment, channel capacity or cable services in Alexandria; and

WHEREAS, city staff and consultants have reviewed the Application and supporting documentation, and have concluded that Comcast has the financial, managerial and technical capabilities to operate the cable system, and that the Transfer will not adversely affect the city, cable subscribers in the city or the public interest; and

WHEREAS, city council finds that Comcast has the financial, managerial and technical qualifications to operate the cable system, and that the Transfer will not adversely affect the city, cable subscribers in the city or the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

1. That the Transfer shall be, and hereby is, approved;
2. That the Franchise shall remain in full force and effect; and
3. That Jones Communications of Virginia, Inc., shall continue to be authorized to operate a cable television system in Alexandria under and pursuant to the terms and conditions of the Franchise.
* * * * *

WITHOUT OBJECTION, City Council considered docket item no. 26.

26. Staff Presentation on Issues Regarding the Cameron Station Development. (Mayor Donley and Vice Mayor Euille.)

(A copy of Mr. Lynn's summary handout is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 2/9/99, and is incorporated herewith as part of this record by reference.)

Planning and Zoning Director Lynn briefed Council on issues regarding the Cameron Station Development and answered questions directed to him. Mr. Lynn provided Council with a summary of the key changes to Phase II during the Final Plan review process.

Fire Chief Hawkins spoke to the certificate of occupancy process.

Members of City Council participated in the discussion.

The issue of Council policy to provide direction to staff will be discussed at the February 16, 1999, work session on Cameron Station.
* * * * *

At this point, City Council returned to docket item no. 14.

CONTESTED APPOINTMENTS

14. Ad Hoc Alexandria Year 2000 Census Complete Count Committee
1 Member Nominated by the Alexandria Interfaith Association

1 Member Nominated by the Alexandria Community Shelter

1 Member Nominated by the Carpenter's Shelter

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

NAME ENDORSED BY:

1 Member Nominated by the Alexandria
Interfaith Association

Reverend Lloyd Roberts* Dale P. Seley, President, Alexandria
Interfaith Association

1 Member Nominated by the Alexandria
Community Shelter

Katherine Vaughn* Joan Hammond, Director, Alexandria
Community Shelter

1 Member Nominated by the Carpenter's
Shelter

Frances Becker* Frances Becker, Executive Director
Carpenter's Shelter

*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. 14; 2/9/99, 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 waived the residency requirements and appointed Reverend Lloyd Roberts as a Member Nominated by the Alexandria Interfaith Association, Katherine Vaughn as a Member Nominated by the Alexandria Community Shelter, and Frances Becker as a Member Nominated by the Carpenter's Shelter to the Ad Hoc Alexandria Year 2000 Census Complete Count Committee. The voting was as follows:

Donley - Roberts, Vaughn, Becker
Euille - Roberts, Vaughn, Becker
Cleveland - Roberts, Vaughn, Becker
Pepper - Roberts, Vaughn, Becker
Rich - Roberts, Vaughn, Becker
Speck - Roberts, Vaughn, Becker
Walker - Roberts, Vaughn, Becker
15. Alexandria Beautification Commission
1 Citizen Member

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

NAME ENDORSED BY:

Moira Buzby

Jean Caldwell*

*Incumbent
* * * * *

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 15; 2/9/99, 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 Jean Caldwell as a Citizen Member to the Alexandria Beautification Commission. The voting was as follows:

Donley - Caldwell
Euille - Caldwell
Cleveland - Caldwell
Pepper - Caldwell
Rich - Caldwell
Speck - Caldwell
Walker - Buzby
* * * * *

16. Alexandria Commission for the Arts
1 Member Who Has Expertise in the Arts, Either as a Practitioner of Various Art Disciplines or as a Professional Administrator Working in the Field

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

NAME ENDORSED BY:

Margretta Danshaw Margene Berry, Chair, Public
Art Committee, Alexandria
Commission for the Arts

Laurie Kaden

Karen McGee

Tamu White-Fitzgerald*

*Incumbent

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 16; 2/9/99, 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 Tamu White-Fitzgerald as a Member Who Has Expertise in the Arts, Either as a Practitioner of Various Art Disciplines or as a Professional Administrator Working in the Field to the Alexandria Commission for the Arts. The voting was as follows:

Donley - White-Fitzgerald
Euille - Danshaw
Cleveland - White-Fitzgerald
Pepper - White-Fitzgerald
Rich - White-Fitzgerald
Speck - Danshaw
Walker - White-Fitzgerald
* * * * *

17. Alexandria Commission on Aging
1 Individual With Leadership Experience in a Volunteer Organization

2 Citizen Members

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

NAME ENDORSED BY:

1 Individual With Leadership Experience
in a Volunteer Organization

Judith Bryan
(Residency Waiver Required)

Stefanie Reponen

2 Citizen Members

Larry Brown
(Residency Waiver Required)

John Curran

Justine Rowe*

*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. 17; 2/9/99, 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 Stefanie Reponen as an Individual With Leadership Experience in a Volunteer Organization, and reappointed Justine Rowe and appointed John Curran as Citizen Members to the Alexandria Commission on Aging. The voting was as follows:

Donley - Bryan, Curran, Rowe
Euille - Reponen, Brown, Rowe
Cleveland - Reponen, Curran, Rowe
Pepper - Bryan, Curran, Rowe
Rich - Reponen, Curran, Rowe
Speck - Reponen, Curran, Rowe
Walker - Reponen, Curran, Rowe
* * * * *

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

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

NAME ENDORSED BY:

Kaprice Gettemy-Chambers

Carolee Partyka-Mills

Roselyn Rosenfeld

Janet von Sternberg
* * * * *

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 18; 2/9/99, 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 Janet von Sternberg as a Citizen-at-Large to the Alexandria Commission on Employment. The voting was as follows:

Donley - von Sternberg
Euille - von Sternberg
Cleveland - von Sternberg
Pepper - Rosenfeld
Rich - Rosenfeld
Speck - Rosenfeld
Walker - von Sternberg
* * * * *




19. Alexandria Environmental Policy Commission
1 Member From the Field of Environmental Sciences

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

NAME ENDORSED BY:

Thomas Bruno

Paul DeLeo

Kenyon Larsen*

Claire von Schilling

*Incumbent
* * * * *

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 19; 2/9/99, 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 Kenyon Larsen as a Member from the Field of Environmental Sciences to the Alexandria Environmental Policy Commission. The voting was as follows:

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

20. Historic Alexandria Resources Commission
1 Business Representative Designated by the Alexandria Chamber of Commerce

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

NAME ENDORSED BY:

Joseph Youcha*

*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. 20; 2/9/99, 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 Joseph Youcha as a Business Representative Designated by the Alexandria Chamber of Commerce to the Historic Alexandria Resources Commission. The voting was as follows:

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

21. Alexandria Library Board
2 Members-at-Large

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

NAME ENDORSED BY:

Kari Arfstrom

Kelly Austin

Louise Forstall* Alexandria Library Board
John C. Weiser
Loretta Britten, Editor, Time-Life

Lawrence Frommer

Paul Hyland

Dorothy Koopman

Clarence Pittman

Lelia Saunders Bailey* Alexandria Library Board

R. Morrison Southworth

Ellen Thompson

*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. 21; 2/9/99, 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 Louise Forstall and Lelia Saunders Bailey as Members-at-Large to the Alexandria Library Board. The voting was as follows:

Donley - Forstall, Bailey
Euille - Forstall, Koopman
Cleveland - Forstall, Bailey
Pepper - Forstall, Bailey
Rich - Forstall, Bailey
Speck - Forstall, Bailey
Walker - Forstall, Bailey
* * * * *

22. Alexandria Sister Cities Committee
1 Citizen Member

(The following persons volunteered for appointment to the above Committee:)

NAME ENDORSED BY:

Susan Baharmast

David Olinger
* * * * *

(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. 22; 2/9/99, 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 Susan Baharmast as a Citizen Member to the Alexandria Sister Cities Committee. The voting was as follows:

Donley - Olinger
Euille - Baharmast
Cleveland - Baharmast
Pepper - Baharmast
Rich - Baharmast
Speck - Olinger
Walker - Baharmast
* * * * *





23. Alexandria Youth Policy Commission
1 Parent from School Board District A

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

NAME ENDORSED BY:

Darryl Francois

Leon Nicely
* * * * *

(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. 23; 2/9/99, 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 Darryl Francois as a Parent from School Board District A to the Alexandria Youth Policy Commission. The voting was as follows:

Donley - Francois
Euille - Francois
Cleveland - Francois
Pepper - Francois
Rich - Nicely
Speck - Francois
Walker - Nicely
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OTHER

24. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 2/9/99, and is incorporated herewith as part of this record by reference.)

City Manager Lawson spoke to the tentative work session scheduled for March 3, 1999, on Potomac Yard.

It was decided to reschedule at a later time when plans have been received and reviewed.









WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Speck and carried unanimously, City Council (1) removed the tentative March 3 Work Session on plans for Potomac Yard from the Council schedule until a later date yet to be announced; and (2) noted that the follow-up Potomac West Call to Community Meeting sponsored by the civic associations in Arlandria, Del Ray, Hume Springs, Lynhaven, Mount Jefferson, Sunnyside and Warwick Village scheduled for Sunday, February 7, from 4:00 p.m. to 6:00 p.m. at the Cora Kelly Recreation Center had been added to the Council Calendar. The voting was as follows:

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

EXECUTIVE SESSION

25. 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).

(A copy of Councilman Speck's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 2/9/99, and is incorporated herewith as part of this record by reference.

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. 25; 2/9/99, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried on a vote of 6-to-1, at 9:15 p.m., City Council convened an executive session at this time for the purpose of consulting with legal counsel pertaining to the following litigation involving the City, pursuant to Virginia Code 2.1-344(A)(7): City of Alexandria v. Slater, a case pending in the United States District Court for the District of Columbia which involves the City's challenge to the Woodrow Wilson Bridge replacement project. The voting was as follows:

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

THEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried unanimously, at 11:05 p.m., City Council reconvened the meeting. The voting was as follows:

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






WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried on a ROLL-CALL vote of 4-to-3, City Council adopted the resolution, which was before them on the dais and was available to the audience, that authorizes settlement of the City's lawsuit, now pending in the United States District Court for the District of Columbia, against the Federal Highway Administration, and others, over the Woodrow Wilson Bridge replacement project. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1908

WHEREAS, on January 30, 1998, the City of Alexandria filed suit in the United States District Court for the District of Columbia, Civil Action No. 98-0251-SS (the “Lawsuit”), challenging the decision of the Federal Highway Administration (“FHWA”), contained in the FHWA's November 25, 1997, Record of Decision (“ROD”), which approved a project (i) to replace the Woodrow Wilson Memorial bridge with a new 12-lane bridge crossing, (ii) to expand to 12-lanes the Capital Beltway between Telegraph Road in Virginia and Maryland Route 210, and (iii) to substantially modify the Beltway interchanges at Telegraph Road, U.S. Route 1, Interstate 295 and Maryland Route 210;

WHEREAS, for some time, representatives of the City have been discussing a possible settlement of the Lawsuit with representatives of the United States Department of Transportation (“USDOT”), the Virginia Department of Transportation (“VDOT”) and the Maryland State Highway Administration ("MSHA");

WHEREAS, these discussions have produced a series of terms, which are acceptable to USDOT, VDOT and MSHA, for the settlement of the Lawsuit (the "Terms”);

WHEREAS, the Terms provide that, in the event a 12-lane Woodrow Wilson replacement project is undertaken, USDOT and VDOT will ensure that the following obligations are fulfilled:


WHEREAS, the City Council has determined that the Terms are highly beneficial to the City and its residents;

WHEREAS, the City Council has determined that the Terms, along with other factors, warrant the dismissal of the Lawsuit and the release by the City of other claims it may now have that arise from or relate to the November 25, 1997, Record of Decision and the replacement project;

WHEREAS, the City Council has determined, based on the Terms and for other reasons, that it is in the best interests of the City and its residents that the Lawsuit be settled, and that an agreement which incorporates the Terms, and which is otherwise acceptable to the mayor and the city attorney, be executed by the City;

WHEREAS, the City Council believes that the severe traffic congestion problems now being experienced in the Washington, D.C., metropolitan area, and those that are projected for future years, are best addressed not simply by the construction of new highways and the expansion of existing roads, but by the meaningful implementation of congestion mitigation programs such as the provision of express bus and rail transit services along heavily traveled corridors, including across the Woodrow Wilson bridge.
NOW, THEREFORE, BE IT RESOLVED
BY THE ALEXANDRIA CITY COUNCIL

1. That the Lawsuit shall be settled on the basis of the Terms;

2. That an agreement containing the Terms and other provisions acceptable to the mayor and the city attorney, including provisions providing an effective mechanism for the City to enforce the Terms, shall be developed by the city attorney;

3. That the mayor be, and hereby is, authorized to execute, on behalf of the City of Alexandria, the agreement referenced in section 2;

4. That the city attorney be, and hereby is, authorized to execute, on behalf of the City of Alexandria, any documents that are necessary or desirable to carry out the provisions of the executed agreement;

5. That the City Council urges USDOT, VDOT and MSHA to support, in every feasible way, the provision of express buses, rail transit and other congestion mitigation measures along both the current and the replacement Woodrow Wilson bridge crossing, in order to significantly reduce the number of motor vehicles utilizing the crossing; and

6. That this resolution shall become effective upon its adoption by the City Council.
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THEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council adopted the second resolution that was before them on the dais and which relates to this evening's executive session, and which states that, to the best of each Council Member's knowledge, the executive session was called and was conducted in accordance with the Virginia Freedom of Information Act. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1909

WHEREAS, on this 9th day of February 1999, 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 was Council discussion of the Woodrow Wilson Bridge settlement after the adoption of the above resolution.









THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 11:37 p.m., the Regular Meeting of Tuesday, February 9, 1999, was adjourned. The voting was as follows:

Speck "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich "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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Public Notice

The Potomac West Community was a meeting for the members of the communities served by the various civic associations on Sunday, February 7, 1999, from 4:00 p.m. to 6:00 p.m. at the Cora Kelly Recreation Center, 25 West Reed Avenue, as An Initiative of the Alexandria Call to Community Program.

The Potomac West Community is comprised of Arlandria, Del Ray, Hume Springs, Lynhaven, Mount Jefferson, Sunnyside, and Warwick Village.

It is anticipated that more than two Members of Council will be in attendance.

For more information, please call: Alethea Taylor Camp at 317-1188 or Ruby Tucker at 549-7754.
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Public Notice

Members of City Council will be attending the annual General Assembly Legislative Day sponsored by the Virginia Municipal League and the Virginia Association of Counties on Thursday, February 11, 1999, at the Richmond Marriott Hotel, 500 East Broad Street, Richmond, Virginia.

The day includes a legislative update beginning at 2:00 p.m., followed by a reception starting at 5:30 p.m., with dinner with the legislative delegation 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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Public Notice

City Council will have a Site Visit at the Cameron Station Development Site on Duke Street, at 4:00 p.m. on Tuesday, February 16, 1999. The Site Visit will be followed by a Presentation by Greenvest Developers and City Staff at the Cameron Station Information Center.
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