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Special Meeting
Wednesday, October 14, 1998 - - 7:30 p.m.
[In lieu of October 13, 1998 Regular Meeting]


* * * * *

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; Mr. Gitajn, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Ms. Steele, Deputy City Manager; Mr. Mandley, Director of General Services; Mr. Ransom, Special Assistant to the City Manager for Human Relations; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Mr. Neckel, Director of Finance; Ms. O'Regan, Director of Human Services; Ms. Davis, Director of Housing; Ms. Federico, Director of Historic Alexandria; Mr. Sudduth, Director of Personnel Services; Ms. Gattsek, Director of Office on Women; Fire Chief Hawkins; Mr. Caton, Legislative Director; Ms. Boyd, Director of Citizen Assistance; Mr. Eiffert, Director of Agency on Aging; and Lieutenant Butler, Police Department.

Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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There was a City Council Work Session at 6:00 p.m. in the Council Workroom with representatives of the Alexandria Boards of Architectural Review and the Historical Restoration and Preservation Commission.

Mayor Donley, Mr. Hulfish, Chair of the Old and Historic Alexandria District Board of Architectural Review, Mr. Salopek, Vice Chair of the Parker-Gray District Board of Architectural Review, and Mr. Montague, Chair of the Alexandria Historical Restoration and Preservation Commission, made opening remarks, and Members of City Council participated in the discussion. City Council requested to be notified of any forums or similar events sponsored by the Alexandria Historical Restoration and Preservation Commission.

WITHOUT OBJECTION, Stewart Dunn, representing the Historic Alexandria Foundation, addressed Council in favor of proposed legislation to have the appeals process go to the Circuit Court rather than coming to City Council as it presently does. Members of City Council, Chairman Hulfish and Vice Chairman Salopek addressed this issue.




Staff was requested to set up a work session with Council and the Old and Historic Alexandria District Board of Architectural Review, and the Parker-Gray District Board of Architectural Review. This will include a staff presentation and a dialogue by Council and the Board members with respect to the staff presentation.
* * * * *

OPENING

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

(It was noted that a Notice of this Special Meeting had been previously served upon each Member of Council, pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the City Clerk and Clerk of Council.)

The Invocation was pronounced by Councilman Cleveland.

3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Minutes for (a) the Public Hearing Meeting of September 12, 1998; and (b) the Regular Meeting of September 22, 1998, as submitted. The voting was as follows:

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

4. THERE BEING NO DISCUSSION, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council received the Report of the City Clerk dated October 5, 1998, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/14/98, and is incorporated herewith as part of this record. The voting was as follows:

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

5. Presentation of Proclamation Proclaiming the Month of October as Breast Cancer Awareness Month and October 16 as Mammography Day, and Reminding the Citizens of the City about the Fourth Annual Alexandria Walk to Fight Breast Cancer on Saturday, October 24, 1998. (Mayor Donley and City Manager Lawson)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/14/98, and is incorporated herewith as part of this record by reference.)

Mayor Donley and City Manager Lawson presented the proclamation.



City Manager Lawson spoke to her bout with breast cancer and encouraged everyone to participate in the Walk to Fight Breast Cancer on October 24, 1998, at 9:00 a.m., at Cameron Run Regional Park.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

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

6. Presentation of Proclamation Proclaiming October 1998 as Crime Prevention Month. (Councilwoman Pepper)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/14/98, and is incorporated herewith as part of this record by reference.)

Councilwoman Pepper presented the proclamation.

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

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

7. Consideration of Memorandum on the National Recycling Day Campaign and Presentation of Proclamation Proclaiming November 15, 1998, as City of Alexandria Recycles Day.

(A copy of the City Manager's memorandum dated September 28, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 10/14/98, and is incorporated herewith as part of this record by reference.

A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 10/14/98, and is incorporated herewith as part of this record by reference.)

Council Member Walker presented the proclamation.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously, City Council endorsed the proclamation and authorized staff to work with the Metropolitan Washington Council of Governments (MWCOG) to promote the City's participation in the national Recycling Day campaign. The voting was as follows:

Walker "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"
8. Presentation of Proclamation Proclaiming the Month of October as Disability Awareness Month in Alexandria.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/14/98, and is incorporated herewith as part of this record by reference.)

Councilman Cleveland presented the proclamation.

Chet Avery announced and introduced the winners of the 1998 Business Awards to Alexandria businesses that have shown exemplary services to employees or customers with disabilities. The winners were Blockbusters and LandisScapes and Associates.

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

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

New Business Item No. 1: City Manager Lawson introduced Edward Mandley as the new Director of General Services, and Louis Hicks as the new Director of the Alexandria Black History Resource Center.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (9 - 12) (17 - 19) (24)

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

(a) Alexandria-Gyumri Sister City Committee
Susan Clot de Broissia

(b) Alexandria Board of Zoning Appeals
Antoine P. Cobb

(c) Alexandria Commission for the Arts
Kimberly A. Maney

(d) Alexandria Park and Recreation Commission
Ann H. Ross

(e) Alexandria Sister Cities Committee
Susan Clot de Broissia

(A copy of each of the above resignations is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item Nos. 9(a-e); 10/14/98, and is incorporated herewith as part of this record by reference.)





11. Receipt of the Fiscal Year 1998 Annual Report from the Alexandria Commission on Persons with Disabilities.

(A copy of the City Manager's memorandum dated October 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/14/98, and is incorporated herewith as part of this record by reference.)

12. Receipt of the Annual Report from the Alexandria Volunteer Fire Department, 1996-1997.

(A copy of the City Manager's memorandum dated September 30, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/14/98, and is incorporated herewith as part of this record by reference.)

17. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE authorizing an encroachment into the public right-of-way at 1600 West Abingdon Drive for placement of a sign.

(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. 1 of Item No. 17; 10/14/98, 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. 2 of Item No. 17; 10/14/98, and is incorporated herewith as part of this record by reference.)

18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Zoning Ordinance to change the rules for allowing general automobile repair uses.

(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. 1 of Item No. 18; 10/14/98, 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. 2 of Item No. 18; 10/14/98, and is incorporated herewith as part of this record by reference.)

24. Uncontested Appointments to Boards, Commissions and Committees:

(a) Ad Hoc City of Alexandria 250th Anniversary Commission
1 Member Representing the Fine Arts

2 Residents of the City of Alexandria






(b) Alexandria-Caen Exchange Committee
1 Representative From the Arts With Expertise in
Museum Exhibition Work

1 Citizen Member

(c) Alexandria-Gyumri Sister City Committee
1 Citizen Member

(d) Alexandria Building Code Board of Appeals
1 Citizen Member

(e) Alexandria Commission on Aging
1 Citizen Member

(f) Alexandria Early Childhood Commission
1 Member of the Social Services Advisory Board

(g) Alexandria Environmental Policy Commission
1 Member From the Field of Sanitary/Environmental Engineering

1 Student Attending High School in the City of Alexandria

(h) Historic Alexandria Resources Commission
1 Representative From Planning District III
1 Representative From the Alexandria Historical Restoration and Preservation Commission

(i) Alexandria Task Force on AIDS
2 Members-at-Large

(j) Northern Virginia Transportation Coordinating Council's
Citizens Advisory Committee
1 Citizen Member

(k) Alexandria Urban Design Advisory Committee
2 Residents Representing the Old Town North
Residential Community

(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. 24(a-k); 10/14/98, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the Consent Calendar as presented with the exception of docket item nos. 10 and 19, which were considered under separate motions. The City Manager's recommendations are as follows:

9. City Council received the following resignations with regret: (a) Susan Clot de Broissia from the Alexandria-Gyumri Sister City Committee; (b) Antoine P. Cobb from the Alexandria Board of Zoning Appeals; (c) Kimberly A. Maney from the Alexandria Commission for the Arts; (d) Ann H. Ross from the Alexandria Park and Recreation Commission; and (e) Susan Clot de Broissia from the Alexandria Sister Cities Committee; requested the Executive Secretary to send appropriate letters of appreciation and to advertise the vacancies in the usual manner.

11. City Council received the report and thanked the members of the Commission on Persons with Disabilities for their dedicated work on behalf of Alexandria's citizens with disabilities.

12. City Council received the report from the Alexandria Volunteer Fire Department, Inc., and recognized the volunteers for their outstanding service and generous contribution to the City.

17. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 17, 1998.

18. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, October 17, 1998.

24. City Council (a) appointed Gail Gregory as a Member Representing the Fine Arts, Anna Leider and Michael Wilkosz as Residents of the City of Alexandria to the Ad Hoc City of Alexandria 250th Anniversary Commission; (b) Sandra Tinkham as a Representative From the Arts With Expertise in Museum Exhibition Work and Shirlee Friedenberg as a Citizen Member to the Alexandria-Caen Exchange Committee; (c) reappointed Samuel Gyulnazarian as a Citizen Member to the Alexandria-Gyumri Sister City Committee; (d) reappointed Richard Clausen as a Citizen Member to the Alexandria Building Code Board of Appeals; (e) reappointed Lois Van Valkenburgh as a Citizen Member to the Alexandria Commission on Aging; (f) appointed Linda Hester as a Member of the Social Services Advisory Board to the Alexandria Early Childhood Commission; (g) reappointed Jeffrey Mosher as a Member From the Field of Sanitary/Environmental Engineering and appointed Jacqueline Kamara as a Student Attending High School in the City of Alexandria to the Alexandria Environmental Policy Commission; (h) reappointed Angela Freeman as a Member From Planning District III and Charles Trozzo as a Representative From the Alexandria Historical Restoration and Preservation Commission to the Historic Alexandria Resources Commission; (i) appointed David Phillips and Michael Starkweather as Members-at-Large to the Alexandria Task Force on AIDS; (j) reappointed James Wamsley as a Citizen Member to the Northern Virginia Transportation Coordinating Council's Citizens Advisory Committee; and (k) reappointed Marian Clarke and Jean Thompson as Residents Representing the Old Town North Residential Community to the Alexandria Urban Design Advisory Committee.

END OF CONSENT CALENDAR

The voting was as follows:

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





10. Receipt of the Listing of Alexandria Delinquent Real Estate Taxes.

(A copy of the City Manager's memorandum dated September 29, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/14/98, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille complimented the staff for their fine efforts over the past several years in terms of reducing the outstanding delinquency with regards to the real estate taxes. He questioned whether or not the $500,000 that staff expects to collect in delinquent taxes during FY 1999, is already designated in the budget or in addition to the adopted budget. Financial and Information Technology Services Director Gitajn indicated that the $500,000 was budgeted.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council received the listing of delinquent 1993 through 1997 real estate taxes and authorized that the list of 1997 delinquencies, less any payments received prior to publication, tax exemption appeals or real estate tax adjustments, be published once in a newspaper having general circulation in the City. The voting was as follows:

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

19. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to make supplemental appropriations for the Fiscal Year 1998-1999 operating budget.

(A copy of the City Manager's memorandum dated October 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/14/98, 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. 19; 10/14/98, 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. 19; 10/14/98, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille questioned staff with respect to paragraph numbered 2 regarding the $16,302,225 of previously appropriated grant monies which staff is asking to be carried over from FY 98 to FY 99. He asked why the $4,612,964 grant monies associated with Housing and predominantly Federal monies were not spent and what plans do we have to utilize these funds?

Director of Housing Davis spoke to his concerns.

Vice Mayor Euille stated that he has asked staff to develop a housing plan or program in terms of what can be done for a need in this City for improved and enhanced homeownership opportunities.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council introduced the ordinance and set it for public hearing, second reading and final passage on Saturday, October 17, 1998. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

13. Consideration of a Report on City Hall Services That Can Be Provided Beyond the Normal Work Day. (Councilman Speck)

(A copy of the City Manager's memorandum dated September 25, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/14/98, and is incorporated herewith as part of this record by reference.)

Councilman Speck directed questions to Financial and Information Technology Services Director Gitajn with respect to why Thursday, why 5 p.m. to 7 p.m., and what is the process for publicizing? What are the results of a reasonable survey? Being open on Saturday morning has a lot of appeal to him.

The Members of City Council, Director of Financial and Information Technology Services Gitajn, and City Manager Lawson participated in a discussion on this item.

Vice Mayor Euille and Councilwoman Pepper spoke to extended services on the West End.

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried unanimously, City Council deferred this item to the second legislative meeting in November at which time staff was requested to bring back some information from the survey of our clients. The voting was as follows:

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

14. Consideration of Proposal for Funding for the Alexandria Soccer Association and Alexandria Baseball, Incorporated. (Mayor Donley)

(A copy of the City Manager's memorandum dated October 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/14/98, and is incorporated herewith as part of this record by reference.)

Mayor Donley spoke to this item.

Members of City Council participated in the discussion.


WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council: (1) approved, as an interim measure pending adjustments in the adult/youth fee schedules, the transfer of $15,000 from contingent reserves (account #103556-2709) to the Alexandria Soccer Association (ASA) and the transfer of $13,000 to Alexandria Baseball Incorporated (ABI) for operations in FY 1999. Beginning in FY 2000, funding for ASA and ABI is to be fully reimbursed from fees collected by the Alexandria Department of Recreation, Parks and Cultural Activities for youth and adult sports; and (3) requested that staff report back in the context of the FY 2000 budget with a permanent plan for City support for ASA and ABI. The voting was as follows:

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

15. Consideration of Report on Community Partnership Fund for Human Services Recommended Priorities for the FY 2000 Competitive Grant Cycle, Setting a Public Hearing on the Proposed Priorities for Saturday, October 17, and Consideration of Requested Revisions to the Community Partnership Fund Grant Process.

(A copy of the City Manager's memorandum dated September 29, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/14/98, and is incorporated herewith as part of this record by reference.)

Mayor Donley spoke to this item.

Vice Mayor Euille directed questions to Management and Budget Director Godwin with respect to how well this item was publicized to the public at large for the public hearing on October 17.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council: (1) docketed for public hearing on October 17, the FY 2000 priorities for the Community Partnership Fund, including the community input on priorities received this summer (pages 2-3 in Section A) and staff's recommendations on priorities (pages 4-5 in Section A). Final action on the FY 2000 priorities will be at the October 27 regular legislative meeting; and (2) approved the modifications to the process for the Community Partnership Fund for Human Services as discussed on pages 5-8 in Section B of this report. The voting was as follows:

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

16. Consideration of Request to Extend the Term of the Alexandria Fair Share Task Force and to Amend the Designation for One Task Force Position.

(A copy of the City Manager's memorandum dated September 28, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/14/98, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried on a vote of 6-to-0, City Council: (1) approved an extension of the term of the Fair Share Task Force from October 22, 1998 through April 30, 1999; (2) reaffirmed the appointments of the current Task Force members through April 1999; and (3) changed the Task Force member designation for the Community Services Board (CSB) representative from the Chair to one representative designated by the Community Services Board, and reaffirmed the appointment of Geraldine Doon to continue in this position. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Council Member Rich reminded the public that the Quality of Life Summit will be held on Saturday, October 31, 1998, from 8:30 a.m. to 4:00 p.m. at the Holiday Inn and Suites, 625 First Street.

(b) Council Member Rich, with respect to the work on the Braddock Road overpass, recognized the flagmen who keep the traffic moving relatively smoothly. He thanked them for a job well done.

(c) Councilwoman Pepper congratulated Council Member Walker on being appointed chair of the Urban Section of the Virginia Municipal League.

(d) Councilwoman Pepper noted that there has been some clear-cutting activity on some of the banks on Holmes Run. From Duke Street south to Eisenhower it has been completed; however, on the north side of Duke, staff will be meeting with the Holmes Run Committee and neighbors to work out something that is reasonably acceptable to everyone before beginning the clear cutting from Duke Street to North Van Dorn Street.

(e) Councilwoman Pepper spoke to Council's recent discussion on the safety of dog exercise areas and the environmental impact of dog waste which empties into waterways. She noted that Council has been invited to a Regional Rally hosted by ArlingtonDogs members on Thursday, October 15 at 7:30 p.m. at the NRECA Building, 4301 Wilson Boulevard, Arlington, at which one of the issues to be discussed is the possible environmental impact of dog waste on our region's waterways.

(f) Vice Mayor Euille requested his colleagues on Council and the City staff that we, as a body, participate in the National Make a Difference Day. He will get permission from the City Manager and Tom O'Kane's Office to bring two trash barrels in for our Saturday, October 17 Public Hearing Meeting, and for the Tuesday, October 27 Legislative Meeting, even though the national day is celebrated on Saturday, October 24. We can do our part at City Hall by bringing in a canned good and/or a pair of gloves or a hat so that we can show our


commitment and our support for helping to make a difference in lives of our own citizens in Alexandria. We will collect those goods and distribute them to the homeless shelters and other organizations throughout the City.

(g) Vice Mayor Euille noted that the Friends of the Torpedo Art Factory will be hosting its Third Annual Taste for Arts, this Friday evening, October 16, 1998, from 7:00 p.m. to 11:00 p.m. at the Torpedo Arts Center.

(h) Vice Mayor Euille announced that the Washington Metropolitan United Way Campaign is underway. He serves as Chairperson this year. He reminded our citizens that it's never too late to participate in this effort. Please call the local United Way Office in Alexandria, or give his office a call at 751-7970. The goal this year is to try to raise $964,000 which is a 7% increase over a year ago.

(i) Councilman Cleveland indicated that the 65th Anniversary Dinner of the NAACP will be held at the Ramada Hotel on North Fairfax Street on October 18. He will serve as Honorary Chair this year. Judge William Newman will be the guest speaker.

(j) Councilman Speck spoke to the Council Retreat this weekend and the Summit on the Commission on the Future of Cities in Charlottesville on October 13. Both of these occasions permitted him to focus on what Council does and how Council does it. He indicated that we are not a policy body, we are the policy body, and that as the governing body of this City, the decisions that we make not only have immediate but very long-term consequences to the City. He stated that he is going to use the orals occasionally to make some comments about policy issues that he thinks are coming up before Council that seem to be important. Councilman Speck stressed that what became very apparent at yesterday's summit is that Alexandria is obviously not alone in this State in the matters that we have been talking about that came before us at the Retreat as it relates to the budget. He noted that what is so evident as we have talked to our colleagues in other cities throughout the State, is that we are all in some various stages in a precarious financial situation.

(k) Mayor Donley announced that the Council of Governments has a new Chesapeake Bay Policy Committee on which Council Member Walker and Larry Gavin will represent the City.

(l) Mayor Donley noted that Inova Alexandria Hospital will have a "Bank Your Blood with the Mayor Campaign" on October 28, 1998, in the afternoon at Virginia Commerce Bank, 5140 Duke Street. To make reservations to donate, please call 751-4400.

(m) Mayor Donley spoke to Councilman Speck's having an appendectomy recently, and noted that he will be participating in the Marine Corps Marathon. Councilman Speck is accepting pledges for the new Polk Community Playground.

(n) City Manager Lawson reported on the recent Summit on the Commission on the Future of Cities in Charlottesville on October 13.







ORDINANCES AND RESOLUTIONS

20. Consideration of Request of Goodwin House, Inc. for City Council Resolution In Support of Tax Exemption by Designation for Its Property Located in the City of Alexandria.

(A copy of the City Manager's memorandum dated October 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/14/98, 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. 20; 10/14/98, and is incorporated herewith as part of this record by reference.

A copy of the draft verbatim transcript of this itemis on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 20; 10/14/98, and is incorporated herewith as part of this record by reference.)

There was considerable discussion on this item by the Members of City Council, representatives of Goodwin House, City Attorney Sunderland, City Manager Lawson and Financial and Information Technology Services Director Gitajn.

WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Councilman Cleveland to grant Goodwin House the tax exemption by designation, and approve a tightly worded resolution as outlined by the staff in its memorandum, so that they will be able to proceed with their mission as tax exempt.

THEREUPON, Councilman Speck offered a friendly amendment to the motion as follows: that Council agrees to support a resolution for tax exemption by designation contingent upon an agreed upon payment in lieu of taxes (PILOT) that staff negotiates with Goodwin House that would have both permanent agreement as well as some agreed upon escalating clause, probably pegged to average increases in commercial property, and that the resolution not move forward until staff advises Council that there is a PILOT that has those fixtures to it, i.e., the amount, the permanence as well as some agreed upon escalating clause to it.

WHEREUPON, the friendly amendment was agreed to by the maker and seconder of the main motion and was made a part of the main motion to read as follows: upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council granted Goodwin House the tax exemption by designation, and approved a tightly worded resolution as outlined by the staff in its memorandum, so that they will be able to proceed with their mission as tax exempt, and supported a resolution for tax exemption by designation contingent upon an agreed upon payment in lieu of taxes (PILOT) that staff negotiates with Goodwin House that would have both permanent agreement as well as some agreed upon escalating clause, probably pegged to average increases in commercial property, and that the resolution not move forward until staff advises Council that there is a PILOT that has those fixtures to it, i.e., the amount, the permanence as well as some agreed upon escalating clause to it. The voting was as follows:



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

This item will be brought back to City Council at its last meeting in November, November 24.
* * * * *

21. Consideration of Resolution Authorizing the Issuance of Bonds by the Industrial Development Authority of the City of Alexandria for the National Center for Missing and Exploited Children Headquarters Building Located at 699 Prince Street. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated September 30, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/14/98, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Speck and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution as recommended by the AIDA at its meeting on September 29, 1998. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1893

WHEREAS, the Industrial Development Authority of the City of Alexandria ("Authority”), has considered the application of National Center for Missing and Exploited Children (“NCMEC”), a non-profit corporation, requesting the issuance of the Authority’s revenue bonds in an amount not to exceed $13,400,000 (“Bonds”) to assist in the financing of NCMEC’s acquisition, renovation and equipping of an existing building consisting of approximately 62,000 square feet located at 699 Prince Street (the “Project”) in the City of Alexandria, Virginia, to be used as the headquarters for NCMEC and its non-profit subsidiary corporation, International Center for Missing and Exploited Children, and has held a public hearing on September 29, 1998;

WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds;

WHEREAS, the Authority issues its bonds on behalf of the City of Alexandria, Virginia (“City”), the Project is located in the City and the City Council of the City of Alexandria, Virginia (“Council”), constitutes the highest elected governmental unit of the City;

WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and

WHEREAS, a copy of the Authority’s resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

1. The Council approves the issuance of the Bonds by the Authority for the benefit of NCMEC, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended (“Virginia Code”), to permit the Authority to assist in the financing of the Project.

2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or NCMEC.

3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103-2(f)(1), this resolution shall remain in effect for a period of one year from the date of its adoption.

4. This resolution shall take effect immediately upon its adoption.
* * * * *

OTHER

22. Receipt of Viewers Report for Vacation of an Interior Court Located at 900 Second Street, between First Street, Second Street, Colonial Avenue, and Powhatan Street, Fire Station #54, and Authorization to the City Attorney to Prepare the Necessary Ordinance. (#26 9/12/98)

(A copy of the viewers report dated October 8, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 10/14/98, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council received the Viewers Report and authorized the City Attorney to prepare the necessary ordinance. The voting was as follows:

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

23. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated October 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 10/14/98, and is incorporated herewith as part of this record by reference.)

There was Council discussion on this item.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council: (1) noted the change in time for the NAACP Banquet on Sunday, October 18, 1998; (2) added to the calendar the Summer Jobs for Alexandria Youth Employer Recognition Ceremony on Tuesday, October 27, 1998, in Room 2000, from 5:30 p.m. to 7:00 p.m.; (3) scheduled a work session at 6:30 p.m. in the Council Workroom before Council's Tuesday, October 27 legislative meeting to discuss the Department of Human Services JobLink Program; and scheduled the following work sessions: Wednesday, November 4, 1998, at 6:30 p.m. in the Council Workroom, a Council Work Session on School issues; Tuesday, November 17, 1998, at 6:30 p.m., in the Council Workroom, a Council Work Session on Department expenditure activities; and Monday, November 23, 1998, at 6:30 p.m., joint Work Session with the School Board to discuss Standards of Learning, at the Fire Training Center, with the Delegation being asked to join them. The voting was as follows:

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

CONTESTED APPOINTMENTS

25. Ad Hoc City of Alexandria 250th Anniversary Commission
1 Member Designated by the Alexandria-Washington
Masonic Lodge No. 22

1 Member Designated by the Alexandria Convention
and Visitors Association Board of Governors

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

NAME ENDORSED BY:

1 Member Designated by the Alexandria-
Washington Masonic Lodge No. 22

Mark Underwood* Alexandria-Washington Masonic
Lodge No. 22

1 Member Designated by the Alexandria
Convention and Visitors Association
Board of Governors

Laura Overstreet* Peter Greenberg, Chair, ACVA
Board of Governors

*Residency Waiver Required
* * * * *

(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 25; 10/14/98, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council waived the residency requirements and appointed Mark Underwood as a Member Designated by the Alexandria- Washington Masonic Lodge No. 22, and Laura Overstreet as a Member Designated by the Alexandria Convention and Visitors Association Board of Governors to the Ad Hoc City of Alexandria 250th Anniversary Commission. The voting was as follows:

Donley - Underwood, Overstreet
Euille - Underwood, Overstreet
Cleveland - Underwood, Overstreet
Pepper - Underwood, Overstreet
Rich - Underwood, Overstreet
Speck - Underwood, Overstreet
Walker - Underwood, Overstreet
* * * * *

26. Alexandria-Caen Exchange Committee
1 Citizen Member

(The following person volunteered for appointment to the above Committee:

NAME ENDORSED BY:

David Lapan*
(Residency Waiver Required)

*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. 26; 10/14/98, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and reappointed David Lapan as a Citizen Member to the Alexandria-Caen Exchange Committee. The voting was as follows:

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







27. Alexandria Community Services Board
1 Consumer Member

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

NAME ENDORSED BY:

Rae Hansen Andonian

Judson Tillette
* * * * *

(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. 27; 10/14/98, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Rae Hansen Andonian as a Consumer Member to the Alexandria Community Services Board. The voting was as follows:

Donley - Andonian
Euille - Tillette
Cleveland - Andonian
Pepper - Andonian
Rich - Andonian
Speck - Andonian
Walker - Andonian
* * * * *

28. 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

David Deighan

Paul DeLeo

Kenyon Larsen
* * * * *

(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. 28; 10/14/98, and is incorporated herewith as part of this record by reference.)



Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed 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 - Bruno
Pepper - Larsen
Rich - Larsen
Speck - Larsen
Walker - Larsen
* * * * *

29. Alexandria Historical Restoration and Preservation Commission
1 Citizen Member

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

NAME ENDORSED BY:

Robert Clement

Jeffery Epperson

Thomas Hart

Tina Tyson
* * * * *

(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. 29; 10/14/98, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Jeffery Epperson as a Citizen Member to the Alexandria Historical Restoration and Preservation Commission. The voting was as follows:

Donley - Clement
Euille - Epperson
Cleveland - Tyson
Pepper - Epperson
Rich - Clement
Speck - Epperson
Walker - Epperson
* * * * *





30. Alexandria Public Health Advisory Commission
1 Non-Health Professional

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

NAME ENDORSED BY:

Lori Cooper

Cynthia McKnight
* * * * *

(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; 10/14/98, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Lori Cooper as a Non-Health Professional to the Alexandria Public Health Advisory Commission. The voting was as follows:

Donley - Cooper
Euille - McKnight
Cleveland - McKnight
Pepper - Cooper
Rich - Cooper
Speck - Cooper
Walker - Cooper
* * * * *

31. Alexandria Task Force on AIDS
1 Representative From Hopkins House

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

NAME ENDORSED BY:

Mari Parr* Hopkins House

*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. 31; 10/14/98, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and appointed Mari Parr as a Representative From Hopkins House to the Alexandria Task Force on AIDS. The voting was as follows:

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

At this point, City Council considered docket item no. 32.

ORDINANCES AND RESOLUTIONS (continued)

32. Consideration of resolution approving and authorizing the execution and delivery of documents related to the issuance of bonds, in an aggregate amount not to exceed $50 million, to finance the acquisition and installation of air pollution control equipment in the waste-to-energy facility in the City of Alexandria. [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated October 6, 1998, together with attachments, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 32; 10/14/98, and is incorporated herewith as part of this record by reference.)

City Attorney Sunderland addressed three issues with respect to this item. He explained the $35,000,000 corporate guaranty to be provided by the Ogden Corporation and how it differs from the guaranty shown in the documents previously distributed to Council. He also explained the cap on the liability of Ogden Martin Systems of Alexandria/Arlington (which would be at least $40,000,000) in the event the retrofit failed to comply with federal emissions standards. Finally, he explained an amendment to the agreement between Ogden Martin Systems and the jurisdictions which will allow the managers or their designees to make decisions regarding the facility without coming to the governing bodies.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-1, City Council adopted the resolution which approves, in substantially final form, and authorizes the City Manager to execute in final form, the following documents that are related to the issuance of tax exempt bonds, the proceeds of which will finance the retrofit project ("Retrofit Bonds"); (1) Amendment No. 6 to the Amended and Restated Facility Construction and Operation Agreement by and among Ogden Martin Systems of Alexandria/Arlington, Inc., ("Company"), the Alexandria Sanitation Authority, the Arlington Solid Waste Authority, the City of Alexandria and Arlington County ("Facility Agreement"), including all of the schedules attached thereto; (2) Amendment No. 7 to the Facility Agreement; (3) the Bond Purchase Agreement involving Lehman Brothers (the underwriter of the Retrofit Bonds), the Industrial Development Authority of Arlington County ("Arlington IDA"), the Company, the Alexandria Sanitation Authority and the Arlington Solid Waste Authority (collectively, the "Authorities"), and the City of Alexandria and Arlington County (collectively, the "Jurisdictions"); (4) the Preliminary Official Statement for the Retrofit Bonds to the extent that the Preliminary Statement sets forth information for which the City has a continuing disclosure obligation under the Continuing Disclosure Agreement referenced in 5, below, and the Official Statement for the Retrofit Bonds substantially in the form of the Preliminary Statement to the extent that the Official Statement sets forth information for which the City has this continuing disclosure obligation; (5) a Continuing Disclosure Agreement; (6) a Letter of Representations; (7) Amendment No. 1 to the Amended and Restated Conditional Sale and Security Agreement by and among the Company, the Alexandria Sanitation Authority and the Arlington Solid Waste Authority; (8) an Operating Lease Agreement by and among the Alexandria Sanitation Authority, the Arlington County Solid Waste Authority and the Company; and (9) a Ground Lease between the City and the Company. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1894

A RESOLUTION, among other things, approving and authorizing the execution and delivery of documents related to the issuance of Resource Recovery Revenue Bonds, Series 1998B (Alexandria/Arlington Waste-to-Energy Facility) of the Industrial Development Authority of Arlington County, Virginia (the "Series 1998B Bonds"), in an aggregate principal amount not to exceed $50,000,000 to finance the acquisition and installation of air pollution control equipment in, and to make certain improvements to (the "Project"), the waste-to-energy facility in the City of Alexandria, Virginia (the "Existing Facility") in order to bring the Facility into compliance with air pollution control regulations promulgated by the United States Environmental Protection Agency pursuant to the 1990 Amendments to the Clean Air Act.

Recitals

A. The Existing Facility

1. The Existing Facility was constructed in 1984 and is an approximately 975 tons per day solid waste disposal facility which, together with certain items of machinery and equipment therein, is for the purpose of disposing of waste generated by Arlington County, Virginia (the "County") and the City of Alexandria, Virginia (the "City"; the City and the County being collectively referred to herein as the "Jurisdictions") and for the conversion of such waste into steam or steam generated electricity.

2. The Existing Facility was constructed pursuant to a Facility Construction and Operation Agreement, dated as of December 1, 1984, among the Alexandria/Arlington Resource Recovery Corporation, the City of Alexandria, Virginia Sanitation Authority (the "Alexandria Authority"), the Arlington County Solid Waste Authority (the "Arlington Authority"; the Alexandria Authority and the Arlington Authority being collectively referred to herein as the "Authorities") and the Jurisdictions.




B. Existing Facility and Project Ownership

3. In order to obtain equity funding for the Existing Facility, the Alexandria/Arlington Resource Recovery Corporation was acquired by Ogden Martin Systems, Inc. through a stock transfer, and its name was changed to Ogden Martin Systems of Alexandria/Arlington, Inc. (the "Company").

4. Pursuant to a Conditional Sale and Security Agreement, dated as of October 1, 1985, between the Authorities and the Company (the "Conditional Sale Agreement"), the Authorities, among other things, transferred certain ownership interests in the Existing Facility to the Company, and the Company agreed to make payments with respect to bonds issued to finance the construction of the Existing Facility (the "1984 Bonds").

5. Although the Authorities have transferred certain ownership interests in the Existing Facility to the Company, the Authorities will own the Project assets which they will lease to the Company. The Existing Facility and the Project together will constitute the “Waste-to-Energy Facility.”

C. Refunding 1984 Bonds

6. On July 23, 1998, the Industrial Development Authority of Arlington County, Virginia (the "Arlington IDA") issued its Resource Recovery Refunding Revenue Bonds (Alexandria/Arlington Waste-to-Energy Facility) Series 1998A (the "Series 1998A Bonds"), in an aggregate principal amount of $55,025,000 to refund the 1984 Bonds.

D. The Project

7. The Existing Facility is currently equipped with air pollution control equipment that was designed to meet the federal emissions requirements which were in effect at the time the Existing Facility was designed and constructed in 1984.

8. Since the construction of the Existing Facility in 1984, new and more stringent emissions requirements have been promulgated as the Clean Air Act Emission Guidelines, 40 C.F.R. 60 Subpart Cb (the "Emissions Guidelines"). Substantial equipment replacement, improvements and modifications must be made to the Existing Facility's air pollution equipment by December 19, 2000, in order for the Existing Facility to comply with the Emissions Guidelines.

9. The Authorities and Jurisdictions have determined that it is in the best interests of the residents living within the Jurisdictions to finance the Project within an appropriate time frame to allow the Project to be completed before December 19, 2000, through the issuance by the Arlington IDA of the Series 1998B Bonds in an aggregate principal amount not to exceed $50,000,000 pursuant to the Virginia Industrial Development and Revenue Bond Act, being Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "IDA Act").

10. The Authorities and Jurisdictions have further determined that it is most feasible to have the Project acquired, installed and constructed by the Company, and to have the Project leased to the Company as operator of the Waste-to-Energy Facility.


11. The trust indenture executed in connection with the Series 1998A Bonds (the “Indenture”) provides that Additional Bonds may be issued for purposes, among others, to pay costs of any additions to or modifications of the Solid Waste System necessary or desirable to enable the Authorities to comply with the Facility Agreement or Applicable Law (including, without limitation, any additions to or modifications of the Solid Waste System necessary to "retrofit" or otherwise improve the Facility or the Solid Waste System in order to comply with the Clean Air Act, 42 U.S.C. §7401 et seq., as amended, and any federal regulations related thereto), and to pay the costs of the acquisition, construction, improvement or operation of any portion of the Solid Waste System.

E. Public Hearing

12. Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental entity having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must conduct a public hearing on the issuance of the bonds, for which notice has been given in accordance with such section, and must approve the issuance of the bonds.

F. City Council Approval of the Project and the Arlington IDA Inducement Resolution

13. On September 22, 1998, the City Council adopted Resolution No. 1891, in which it approved the Retrofit, the Project and the inducement resolution adopted in connection with the Series 1998B Bonds by the Arlington IDA on September 10, 1998.
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

Section 1. That the Council confirms its approvals of the Retrofit, the Project, and the issuance by the Arlington IDA of the Series 1998B Bonds, which approvals were given in Resolution No. 1891.

Section 2. That the following documents relating to the Series 1998B Bonds (collectively, the "Project and Financing Documents") are hereby approved in substantially the form presented to the Council with such changes as may later be approved by the City Manager and the City Attorney. A copy of each of such documents has been made available to the Council and shall be placed in the official records of the City:





Section 3. That the City Manager is authorized and directed to execute, on behalf of the City, and to deliver the Project and Financing Documents to which the City is a party (the "City Documents") in substantially the form presented to the Council with such changes as are approved by the manager and the City Attorney. The execution of these documents by the manager shall constitute conclusive evidence of her approval, and that of the City Attorney, of any and all changes from the documents made available to the Council.

Section 4. That the City Manager is hereby authorized and directed to take any actions and to execute and deliver any reports, filings, certificates, receipts or instruments approved by the City Attorney that are necessary or desirable in connection with the issuance of the Series 1998B Bonds, including without limitation the execution and delivery of assignments, acknowledgments, certificates or other documents and approval of any portion of any official statement relating to the City in connection with the issuance of the Series 1998B Bonds.

Section 5. That the terms and provisions of agreements, documents and resolutions executed and delivered or adopted by the City related to the Project which have not been amended in connection with the issuance of the Series 1998B Bonds are hereby ratified and confirmed, such agreements, documents and resolutions being intended to remain in full force and effect.




Section 6. That the City’s Director of Finance is hereby authorized and directed to conduct, after provision of appropriate notice, the public hearing required by Section 147(f) of the Code, and thereafter to file a hearing report with the Clerk of the City Council.

Section 7. That this Resolution shall take effect immediately upon its adoption.
* * * * *


EXECUTIVE SESSION

33. 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)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 11:30 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. Federal Highway Administration, et al, a case pending in the United States District Court for the District of Columbia, which involves the City's challenge to the replacement project for the Woodrow Wilson Bridge. 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 unanimously, at 12:08 a.m., October 15, 1998, the meeting was reconvened. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

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

The resolution reads as follows:




RESOLUTION NO. 1895

WHEREAS, on this 14th day of October 1998, the Alexandria City Council did recess into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

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

NOW, THEREFORE, BE IT RESOLVED that city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried unanimously, at 12:10 a.m., October 15, 1998, the Special Meeting of October 14, 1998, was adjourned. The voting was as follows:

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

APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:



______________________________________________
Beverly I. Jett, CMC City Clerk



This docket is subject to change.

* * * * *

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

Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
* * * * *
Public Notice

The Lyceum Company is planning a forum discussion for the public on the status of the Woodrow Wilson Bridge. The forum is scheduled for October 6, 1998, at 7:30 p.m., at The Lyceum, 201 South Washington Street, Alexandria, Virginia.
It is anticipated that more than two Members of Council will be in attendance.
* * * * *

Public Notice
The Mayor and certain Members of City Council will be attending the 1998 Virginia Municipal League (VML) Annual Conference which will be held October 4-6 at the Hotel Roanoke, Roanoke, Virginia.
Recently, Mayor Donley and City Manager Lawson met with the Mayor and Deputy City Manager of Roanoke to explore the establishment of a City to City exchange between the City of Alexandria and the City of Roanoke. The Mayor and Members of the Alexandria City Council attending the VML Conference will be meeting with Members of the Roanoke City Council to discuss this program during the course of the conference.
* * * * *

Public Notice
The Commission on the Condition and Future of Virginia's Cities is holding a Summit on Tuesday, October 13, 1998, from 9:00 a.m. to 4:00 p.m. at the OMNI Hotel in Charlottesville, Virginia.
It is anticipated that more than two Members of Council will be attending this Summit.
* * * * *