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Regular Meeting
Tuesday, November 24, 1998 - - 7:30 p.m.


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Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; 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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City Council held a work session on the 1998 Legislative Package with the City's Delegation to the Virginia General Assembly at 6:00 p.m. in the Council Workroom.

Legislative Director Caton went through the proposed legislative package. Members of Council, Members of the General Assembly Delegation, the City Manager, and the City Attorney participated in the discussion of the items.

(A copy of the agenda and materials pertaining to this work session are on file in the office of the City Clerk and Clerk of Council, and are incorporated herewith as part of the record.)

The work session concluded at approximately 7:30 p.m.
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OPENING

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


The Invocation was pronounced by Reverend Faye S. Gunn, Associate Pastor, Alfred Street Baptist Church.

3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Minutes of the Regular Meeting of November 10, 1998, as submitted. The voting was as follows:

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

4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council received the Report of the City Clerk dated November 16, 1998, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/24/98, 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 "After The Walk." A Print of an Original Lithograph of Old Town Alexandria to be Used as a Benefit for MetroStage which is to be Presented by Carolyn Griffin. (Councilman Speck)

Councilman Speck introduced Carolyn Griffin who spoke to the sale of the prints to benefit MetroStage. Councilman Speck presented each Member of Council a copy as a Thanksgiving gift from him.

6. Presentation of Proclamation Proclaiming December 5, 1998, as Scottish Walk Day in the City of Alexandria. (Councilwoman Pepper)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 11/24/98, 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. Presentation of Proclamation Honoring Hubert Hoffman for His Dedication and Commitment to the Community. (Vice Mayor Euille and Members of City Council)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 11/24/98, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille presented the proclamation.

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

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

8. Presentation of Proclamation Proclaiming November 22 - 28, 1998, as National Family Week in the City of Alexandria. (Mayor Donley)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/24/98, and is incorporated herewith as part of this record by reference.)

Mayor Donley presented the proclamation.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by 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"

9. Presentation of Proclamation Declaring December 1998 as Drunk and Drugged Driving Prevention Month.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 11/24/98, and is incorporated herewith as part of this record by reference.)

Councilman Cleveland presented the proclamation.

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

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


10. Presentation of Proclamation Proclaiming the Week of December 1 to December 7, 1998, as HIV/AIDS Awareness Week in the City of Alexandria.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 11/24/98, 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 Councilwoman Pepper and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (11 - 14)

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

(a) Alexandria Early Childhood Commission
Victoria Youcha

(A copy of the above resignation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11(a); 11/24/98, and is incorporated herewith as part of this record by reference.)

12. Uncontested Appointments to Boards, Commissions and Committees:

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

1 Member Nominated by the Alexandria Chamber of Commerce

(b) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Member Designated by the Alexandria Chamber of Commerce

(c) Alexandria Commission on Aging
1 Citizen Member Who Is 60 Years of Age or Older

(d) Alexandria Commission on Information Technology
1 Member From and Representing the Alexandria
Budget and Fiscal Affairs Advisory Committee

1 Member Representing the Alexandria City Library Board

(e) Alexandria Environmental Policy Commission
1 Lawyer With Experience in Federal or State
Environmental Statutes, Regulations and Procedures

(f) Alexandria Landlord-Tenant Relations Board
1 Resident Who Is Neither A Landlord Nor A Tenant

(g) Alexandria Youth Policy Commission
1 Citizen 18 Years of Age or Younger

(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item Nos. 12(a-g); 11/24/98, and is incorporated herewith as part of this record by reference.)

13. Receipt of the Monthly Financial Report for Period Ending October 31, 1998.

(A copy of the City Manager's memorandum dated November 12, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 11/24/98, and is incorporated herewith as part of this record by reference.)

14. Receipt of the Alexandria Industrial Development Authority's (AIDA) Annual Report for the Period of July 1, 1997 through June 30, 1998.

(A copy of the City Manager's memorandum dated November 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 11/24/98, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried unanimously, City Council approved the Consent Calendar as presented. The City Manager's recommendations are as follows:

11. City Council received the resignation of Victoria Youcha from the Alexandria Early Childhood Commission with regret; requested the Executive Secretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.

12. City Council appointed (a) Kenneth Billingsley as a Member Nominated by the Strawberry Hill Civic Association, and Renata Varmall as a Member Nominated by the Alexandria Chamber of Commerce to the Ad Hoc Alexandria Year 2000 Census Complete Count Committee; (b) reappointed William Rosello as a Member Designated by the Alexandria Chamber of Commerce to the Alexandria Budget and Fiscal Affairs Advisory Committee; (c) reappointed Donald Fowler as a Citizen Member Who Is 60 Years of Age or Older to the Alexandria Commission on Aging; (d) reappointed Tara Hardiman as a Member From and Representing the Alexandria Budget and Fiscal Affairs Advisory Committee, and Patrick O'Brien as a Member Representing the Alexandria Library Board to the Alexandria Commission on Information Technology; (e) reappointed Thomas Tyler as a Lawyer With Experience in Federal or State Environmental Statutes, Regulations and Procedures to the Alexandria Environmental Policy Commission; (f) appointedLudwig Gaines as a Resident Who Is Neither A Landlord Nor A Tenant to the Alexandria Landlord-Tenant Relations Board; and (g) reappointed Robert Morrison as a Citizen 18 Years of Age or younger to the Alexandria Youth Policy Commission.




13. City Council (1) received the Monthly Financial Report for the period ending October 31, 1998; and (2) authorized the capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Program Planned Expenditures Summary.

14. City Council received the report.

END OF THE CONSENT CALENDAR

The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

15. Consideration of the City of Alexandria's Proposed Legislative Package for the 1999 Session of the Virginia General Assembly. (#15(a) 11/14/98; #13 10/27/98)

(A copy of the City Manager's memorandum dated November 17, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 11/24/98, and is incorporated herewith as part of this record by reference.

A copy of a letter from the Alexandria Chamber of Commerce, dated November 23, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 11/24/98, and is incorporated herewith as part of this record by reference.)

Mayor Donley spoke to the items which were discussed in the work session.

Councilman Cleveland noted that he would not be voting for #6, #8, and #25.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council (a) adopted items 1 through 30, listed in the report and with the exception of item 7 which was considered after item no. 17, as the positions in the City's legislative package for the 1999 General Assembly Session with the note that items 26 through 30 have been added since the meeting at which the package was introduced; (b) did not include the following: item 31, which would change the appeals process for decisions of the Boards of Architectural Review (BAR), so that future appeals of BAR decisions go directly to the Circuit Court, rather than to City Council; item 32, which would amend State law to require the disclosure of certain information about financial relationships between local government officials and applicants for permits, variances, or ordinance amendments relating to land use; and item 33, grandfathering restaurants, a proposed amendment to the City Charter, which was addressed in docket item no. 16. The voting was as follows:

Walker "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
Councilman Cleveland requested that there be a separation of the vote on items #6, #8, and #25.

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried unanimously, City Council moved to reconsider its previous vote. The voting was as follows:

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

THEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council approved the main motion except for #6, #8, and #25 which had separate motions at the request of Councilman Cleveland. The voting was as follows:

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

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck and carried on a vote of 6-to-1, City Council approved #6 supporting legislation to extend the provisions of the State's hate crime statutes to cover actions that are directed against individuals because of their sexual orientation. The voting was as follows:

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

THEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-1, City Council approved #8 introducing legislation to authorize localities to exempt non-profits from charging the admissions tax. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council approved #25 introducing legislation to increase the maximum fine allowed under the law, from $50 to $100, in an effort to reduce the number of red light violators; and to eliminate provisions now in the law which require a locality to access required DMV information or to swear to or affirm the notice of violation sent out to violators, thus repeating work already done by the vendor. The voting was as follows:

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

16. Consideration of the City of Alexandria's Proposed 1999 Charter Bill to Provide Express Authority for the City to Regulate and Prohibit the Intensification of Nonconforming, Noncomplying, "Grandfathered" and Other Uses Which Do Not Comply with Current Zoning Law. (#16 11/14/98)

(A copy of the City Manager's memorandum dated November 18, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/24/98, and is incorporated herewith as part of this record by reference.

A copy of the City Attorney's memorandum dated November 23, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 11/24/98, and is incorporated herewith as part of this record by reference.)

Council Member Walker recused herself from the discussion and voting on this item because she is part owner of one of the grandfathered restaurants.

Members of Council and the City Attorney participated in a discussion on this item.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck and carried on a vote of 5-to-1, City Council accepted the definitions and amendments for the charter bill and scheduled the charter bill for public hearing at the Public Hearing Meeting on Saturday, December 12, 1998; and requested that individual notices of the public hearing be sent to the grandfathered restaurants identified in the attached list of restaurants. The voting was as follows:

Rich "aye" Euille "aye"
Speck "aye" Cleveland "no"
Donley "aye" Pepper "aye"
Walker out of room

City Council considered the following docket items together:

17. (a) Public Hearing on a Request by Goodwin House, Inc. for a City Council Resolution in Support of Special State Legislation to Confer Tax Exemption by Designation for Property Taxes.

17. (b) Consideration of a Resolution in Support of Tax Exemption for Goodwin House, Inc. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 17(a-b); 11/24/98, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille disclosed that he has a minuscule investment of some bonds that were issued on behalf of the Godwin House where he serves as owner.

The following persons participated in the public hearing on this item:

John Ariail, 607 Cameron Street, representing the Goodwin House, spoke in support;

Philip A. Smith, 4800 Fillmore Avenue, representing Goodwin House residents, spoke in support;

John D. Hortum, 1407 North Gaillard Street, representing Goodwin House Faith Communities, spoke in support;

David Canfield, 219 North Royal Street, representing Goodwin House, Inc., spoke in support;

Paul Jost, 403 South Union Street, spoke against tax exemption; and

Rod Kuckro, 209 East Alexandria Avenue, spoke against.

Members of City Council spoke to this item.

City Council concluded the public hearing on this proposal.

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution and authorized the City Manager to execute the attached agreement, which provides that Goodwin House will make a payment in lieu of taxes to the City, in an amount equal to 15 percent of the assessed value of the new addition, in recognition of City Council's endorsement of Goodwin House's request of the General Assembly for exemption from real and personal property taxation, and included in the legislative package legislation to designate Goodwin House, Inc., as a charitable organization and exempt its existing property (4800 Fillmore Avenue) from local taxation, provided it makes a payment in lieu of taxes to the City [Item 7 in the legislative package]. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1898

WHEREAS, Goodwin House, Inc., a Virginia non-stock corporation ("Applicant”), owns real property in the City of Alexandria, Virginia, located at 4800 Fillmore Avenue, in the form of 6.83 acres of land (“Land”) and a single residential care building (“Original Building”) (the Land and the Original Building are collectively referred to as the “Original Facility”);

WHEREAS, Applicant is a non-profit organization chartered by the Protestant Episcopal Church in the Diocese of Virginia for benevolent, charitable and social purposes, to establish and maintain a residential home or homes for aged men, women and couples, under the supervision and direction of the Episcopal Church;

WHEREAS, the benevolent, charitable and social uses by Applicant of the Original Facility have continued since 1967;

WHEREAS, the current assessed value of the Original Facility is $10,119,900;

WHEREAS, based on this assessed value, the real estate taxes levied on the Original Facility would be $112,330.89 in 1998;

WHEREAS, Applicant currently has under construction certain improvements to the Original Facility (“Improvements”), consisting of construction of a new residential tower attached to the Original Building (“Addition”) and renovations to the Original Building (the Original Facility, as improved by the Improvements, is referred to as the “Renovated Facility”);

WHEREAS, Applicant intends to request the Virginia General Assembly to enact legislation to provide an exemption by designation of the Renovated Facility and all personal property owned by Applicant and used in connection with the operation of the Renovated Facility;

WHEREAS, Applicant has requested that the City Council consider and support such state legislation;

WHEREAS, notwithstanding the Council’s long-standing policy against exemptions by designation, Applicant presents in support of its request a number of special factors which, in combination, are unique, including:

(a) that the Original Facility existing prior to commencement of construction of the Improvements has been in use since 1967 and since then has been treated by the city as exempt from taxation by classification (including since 1971 as a grandfathered tax-exempt use);

(b) that Applicant has a religious affiliation and was the first organization in Virginia chartered by the Protestant Episcopal Church in the Diocese of Virginia to provide life care to the elderly under its direction and supervision;

(c) that Applicant has been designated by the General Assembly as a charitable organization, under Virginia Code 58.1-3650.234, in connection with the exemption by designation of Applicant’s property located in Fairfax County, Virginia;

(d) that the Improvements will be placed in service as part of Applicant’s existing use of the Original Facility; and

(e) that, in substantial part, the Improvements are intended not to expand or enlarge the scope of the existing use of the Original Facility, but rather to improve and supplement that existing use;

WHEREAS, after having given notice and conducted a public hearing as required by law, Council has examined and considered Applicant’s request and the information required by Virginia Code 30-19.04(B);

WHEREAS, Council has concluded that, in light of the special factors identified above, it would be in the public interest to support Applicant’s request to the General Assembly for an exemption by designation of the Renovated Facility and all personal property owned by Applicant and used in connection with the operation of the Renovated Facility; and

WHEREAS, in recognition of Council’s support, Applicant has agreed to pay each year to the city a service charge, as more particularly set forth in an agreement between the city and Applicant dated of even date with this resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

That, the City Council supports the enactment by the Virginia General Assembly of special legislation to designate Applicant as a charitable organization within the context of 6(a)(6) of Article X of the Constitution of Virginia and, effective as of January 1, 1999, to exempt from local property taxation the real property and improvements thereon designated by the City of Alexandria as tax assessment map number 11.03, block 01, lot 06, and all personal property owned by Applicant and used in connection with the operation of such real property, which are used exclusively by Applicant for charitable purposes.
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18. Receipt of the Comprehensive Annual Financial Report (CAFR) for Period Ending June 30, 1998.

(A copy of the City Manager's memorandum, together with the CAFR, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 18; 11/24/98, and is incorporated herewith as part of this record by reference.

A copy of a letter from School Board Chair Kenealy dated November 23, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 11/24/98, and is incorporated herewith as part of this record by reference.)

Mayor Donley noted that Council had received a letter from School Board Chair Kenealy noting that there is a deficit in the unencumbered portion of the Schools fund balance of approximately $470,000.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council received the Comprehensive Annual Financial Report for the fiscal year ended June 30, 1998. The voting was as follows:

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

19. Consideration of Follow up Report on Accessibility of City Offices After Hours. (Councilman Speck) (#13 10/14/98)

(A copy of the City Manager's report dated November 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/24/98, and is incorporated herewith as part of this record by reference.)

Financial and Information Technology Services Director Gitajn spoke to this item and answered questions directed to him by Councilman Speck.

Without Objection, it was decided to provide extended hours of operation at City Hall Treasury and Revenue counters on Saturday mornings from 9:00 a.m. to Noon beginning in January. Staff was requested to provide wide notification of the extended hours, and report back to Council.

20. Consideration of the Allocation of Capital Funds for the Development of the Ben Brenman Park and West End Park at Cameron Station and Presentation of the Staffing/Maintenance Plan for the Operation of the Cameron Station Parks.

(A copy of the City Manager's memorandum dated November 18, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/24/98, and is incorporated herewith as part of this record by reference.

A copy of Ralph Thompson's letter dated November 23, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 11/24/98, and is incorporated herewith as part of this record by reference.

A copy of a draft verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 20; 11/24/98, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council (1) approved the allocation of the remaining budgeted funds of $3,351,668 to pay for the development of the plans for the two Cameron Station parks as approved by City Council on June 2, 1998 for the Ben Brenman Park and September 8, 1998 for the West End Park; (2) directed staff to proceed with developing the bid package for the construction of the Cameron Station parks with bids anticipated to be issued in winter 1999; and (3) delegated to the City Manager, or her designee, authority to award a contract for the construction of the Cameron Station parks to the lowest responsive bidder. The voting was as follows:

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

21. Consideration of Request to Permit an Exception to the Major Events Policy to Allow Tartan Day to be Held on April 3, 1999 at Market Square. (Mayor Donley and Councilwoman Pepper)

(A copy of the City Manager's memorandum dated November 19, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/24/98, and is incorporated herewith as part of this record by reference.

A copy of the Old Town Civic Association's letter dated November 18, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 11/24/98, and is incorporated herewith as part of this record by reference.

A copy of Assistant City Manager Evans' memorandum dated November 23, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 21; 11/24/98, and is incorporated herewith as part of this record by reference.)

Councilwoman Pepper spoke to this item.



Mr. Morrison indicated that among the activities that they would like to do is plant a tree, perhaps a Scottish pine, some place at an appropriate area if that is acceptable.

The Old Town Civic Association endorses this one-time exception to the Major Events Policy with the understanding that the event involves no parade and that this event will not be repeated after 1999.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council permitted a one-time only exception to the Major Events Policy to allow Tartan Day to occur from Noon to 4:00 p.m. at Market Square, only, on the first Saturday in April (April 3, 1999). The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "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 noted that the first City Manager of Alexandria was Wilder Rich.

(b) Council Member Rich spoke to the successful City Council/School Board Work Session on Monday, November 23, relating to standards of learning.

(c) Council Member Rich stated that he attended a tribute to George White who was bandleader at George Washington Middle School, as well as the director of the Redskins Band.

(d) Councilman Cleveland also agreed that the work session with the School Board was very good.

(e) Councilman Cleveland announced that effective January 6, 1999, he will begin 12-hour shifts at work. He expressed concern that he will not be able to work as much with the youth.

(f) Councilwoman Pepper noted that the Turkey Trot, sponsored by the Potomac West Business Association, will be held Thanksgiving Day at 10:00 a.m. Registration will begin at 8:30 a.m. and the entrance fee is $5 and two cans of non-perishable goods.

(g) Councilwoman Pepper also spoke highly of George Washington Middle School Bandleader White. He was an excellent tutor to her son Murphy.







(h) Councilwoman Pepper reiterated that the City Council/School Board Work Session was outstanding. She was startled by the fact that the largest group of students who are entering our English as a second language classes are students who were born in the United States. Councilwoman Pepper stated that this issue will be addressed again as part of future discussions, but she would like staff to be working on that problem, as well as, and maybe even the appropriate commissions.

(i) Vice Mayor Euille announced that the Francis Hammond Middle School PTA will be hosting a Call to Community Program on Tuesday, December 1, 1998, at 7:00 p.m. at the Middle School in the auditorium, and would encourage our community to participate in that event.
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ORDINANCES AND RESOLUTIONS

22. Consideration of a Resolution to the Virginia Department of Transportation (VDOT) Endorsing the Issuance of Northern Virginia Transportation District Bonds. (Mayor Donley) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 11/24/98, and is incorporated herewith as part of this record by reference.)

Mayor Donley explained this item.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council (1) adopted the resolution endorsing the issuance of these transportation bonds contingent upon the State committing to pay 50 percent of the total annual debt service on the bonds. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1899
RESOLUTION ENDORSING THE ISSUANCE OF BONDS FOR CATEGORY 3 PROJECTS OF THE NORTHERN VIRGINIA TRANSPORTATION
DISTRICT PROGRAM

WHEREAS, Chapters 740 and 761 of the 1998 Acts of Assembly amend Chapter 391 of the 1993 Acts of Assembly, as amended by Chapters 470 and 597 of the 1994 Acts of Assembly, to redesignate the projects and increase the debt authorization from $271 million to $366.9 million to finance the cost of the Northern Virginia Transportation District (NVTD) Program (the “NVTD Legislation”); and



WHEREAS, the NVTD Program authorizes $100.9 million in bonds to be issued by the Commonwealth Transportation Board (CTB) for Category 3 Projects, which are comprised of several projects located in the Northern Virginia region, including the King Street Station Access project; and

WHEREAS, the NVTD Legislation provides that the CTB shall only issue the bonds for Category 3 projects if (1) the governing bodies of at least five of the jurisdictions have adopted resolutions endorsing the proposed sale or sales of bonds to support the Category 3 Projects, and (2) at least two of the jurisdictions participating in the NVTD Program have entered into a contract that dedicates any state or local revenues, which may include their urban allocations and public right-of-way fees, to pay annual debt service on the NVTD Program bonds; and

WHEREAS, the City of Alexandria supported the NVTD Legislation with the understanding that the total cost for the annual debt service on the NVTD Program bonds would be shared equally between the State and the participating localities; and

WHEREAS, such resolutions and contracts pursuant to the NVTD Legislation shall remain in force so long as any debts or obligations for Category 3 Projects remain outstanding.

NOW, THEREFORE, BE IT RESOLVED, that the Alexandria City Council does hereby endorse the issuance of bonds to finance the cost of Category 3 Projects in the NVTD Program contingent upon the State committing to the payment of 50 percent of the total annual debt service.

BE IT FURTHER RESOLVED, that the Alexandria City Council authorizes the City Manager to enter into a contract with the CTB to dedicate available local revenues from the telecommunications right-of-way fee or other local revenues as deemed appropriate by the City Council to pay debt service on the Category 3 Project bonds.
* * * * *

THEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried unanimously, City Council approved the rest of the City Manager's recommendations as follows: (2) requested staff to forward the resolution to the Virginia Department of Transportation and authorized the City Manager to sign any related documents; and (3) authorized the City Manager to enter into a contract with the Commonwealth Transportation Board (TCB) to dedicate available local revenues to pay the City's share of debt service on Alexandria's project bonds. As indicated in the FY 1999 Approved Budget, the local revenues that will be pledged to pay the City's local share of debt service for these bonds will be revenues from the newly adopted telecommunications right-of-way fee of 50 cents per telephone line per month. The voting was as follows:

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




OTHER

23. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated November 18, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 11/24/98, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council: (1) added to the Council Calendar First Night Alexandria on Thursday, December 31, 1998, with a program from 6 p.m. to 12:15 a.m.; (2) rescheduled the work session on historic preservation/Boards of Architectural Review issues from 6 p.m. on Tuesday, January 12 to 6 p.m. on February 9, before Council's regular meeting (because of a conflict with a Call to Community event at George Washington Middle School); (3) included on Council's calendar Wednesday, April 21, at 7 p.m. as the date for Council's second night for the public hearing on the budget, if needed, in addition to the Tuesday, April 20 meeting; and (4) scheduled a work session with the Planning Commission to discuss master plan issues at 6 p.m. before Council's Tuesday, March 23 legislative meeting. The voting was as follows:

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

CONTESTED APPOINTMENTS

24. Alexandria-Gyumri Sister City Committee
1 Citizen Member

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

NAME ENDORSED BY:

Elizabeth Bellizzi (Application withdrawn 11/24/98)

Christine Mitchell
* * * * *

(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. 24; 11/24/98, 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 Christine Mitchell as a Citizen Member to the Alexandria-Gyumri Sister City Committee. The voting was as follows:

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

25. Alexandria Commission for the Arts
1 Member Who Represents the Public-at-Large as an
Arts Consumer and Participant

2 Members Who Have Expertise in the Arts, Either
as A Practitioner of an Art Discipline or as A
Professional Administrator

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

NAME ENDORSED BY:

1 Member Who Represents the Public-at-
Large as an Arts Consumer and
Participant

Jennifer Archer* Leslie Herzog, Chair
Commission for the Arts

Scott Schwartz

2 Members Who Have Expertise in the Arts,
Either as a Practitioner of an Art
Discipline or as a Professional
Administrator

Margene Berry* Leslie Herzog, Chair
Commission for the Arts

Donna Carter

Margretta Danshaw

*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. 25; 11/24/98, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Jennifer Archer as a Member Who Represents the Public-at-large as an Arts Consumer and Participant and reappointed Margene Berry and appointed Donna Carter as Members Who Have Expertise in the Arts, Either as A Practitioner of an Art Discipline or as A Professional Administrator to the Alexandria Commission for the Arts. The voting was as follows:

Donley - Archer, Berry, Carter
Euille - Archer, Berry, Danshaw
Cleveland - Archer, Berry, Carter
Pepper - Archer, Berry, Carter
Rich - Archer, Berry, Carter
Speck - Archer, Berry, Carter
Walker - Archer, Berry, Carter
* * * * *

26. Alexandria Commission on Information Technology
2 Citizens-at-Large

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

NAME ENDORSED BY:

Michael Brookbank*

Michael Cassidy

Paul Filios

Paul Hyland

William Russell

Sarah Wiggins

*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. 26; 11/24/98, and is incorporated herewith as part of this record by reference.)














Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Michael Brookbank, as a Citizen-at-Large to the Alexandria Commission on Information Technology, and there had to be a second ballot between Cassidy and Russell since no one received a majority vote for the second position. The voting was as follows:

Donley - Brookbank, Russell
Euille - Brookbank, Hyland
Cleveland - Brookbank, Russell
Pepper - Brookbank, Cassidy
Rich - Brookbank, Cassidy
Speck - Brookbank, Filios
Walker - Brookbank, Cassidy
* * * * *

Thereupon, ballots were again distributed, tellers were again appointed and the ballots again tallied with the following result: City Council appointed Michael Cassidy as Citizen-at-Large to the Alexandria Commission on Information Technology. The voting was as follows:

Donley - Russell
Euille - Cassidy
Cleveland - Russell
Pepper - Cassidy
Rich - Cassidy
Speck - Russell
Walker - Cassidy
* * * * *

27. Alexandria Community Services Board
1 Citizen Member

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

NAME ENDORSED BY:

Nancy Turner

Linda Turpin
* * * * *

(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; 11/24/98, 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 Nancy Turner as a Citizen Member to the Alexandria Community Services Board. The voting was as follows:

Donley - Turpin
Euille - Turner
Cleveland - Turner
Pepper - Turner
Rich - Turner
Speck - Turner
Walker - Turner
* * * * *

28. Alexandria Sister Cities Committee
6 Citizen Members

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

NAME ENDORSED BY:

John Adams

Valda Anderson*

Chris Beatley*

Susan Brooks*

Frederica Dunn*

Neil Ivey

Jacqueline Manley*

JoAnne Phipps

Christine Scullion

*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. 28; 11/24/98, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Valda Anderson, Chris Beatley, Susan Brooks, Frederica Dunn, and Jacqueline Manley, and appointed Neil Ivey as Citizen Members to the Alexandria Sister Cities Committee. The voting was as follows:




Donley - Anderson, Beatley, Brooks, Dunn, Manley, Phipps
Euille - Anderson, Beatley, Brooks, Dunn, Ivey, Manley
Cleveland - Anderson, Beatley, Brooks, Dunn, Ivey, Manley
Pepper - Anderson, Beatley, Brooks, Dunn, Manley, Phipps
Rich - Anderson, Beatley, Brooks, Dunn, Ivey, Manley
Speck - Anderson, Beatley, Brooks, Dunn, Ivey, Manley
Walker - Adams, Anderson, Dunn, Ivey, Manley, Phipps
* * * * *

29. Alexandria Youth Policy Commission
1 Member of City Boards, Commissions or Other
Organizations Having an Interest in Youth Issues

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

NAME ENDORSED BY:

Tobie Hendricks Alexandria Volunteer Bureau

Robert Sennewald Katherine Morrison, Executive
Director, The Campagna Center
Jack Hughes, Chair, Public Policy
Committee, The Campagna Center
* * * * *

(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; 11/24/98, 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 Robert Sennewald as a Member of City Boards, Commissions or Other Organizations Having an Interest in Youth Issues to the Alexandria Policy Commission. The voting was as follows:

Donley - Sennewald
Euille - Sennewald
Cleveland - Hendricks
Pepper - Sennewald
Rich - Sennewald
Speck - Sennewald
Walker - Sennewald
* * * * *










EXECUTIVE SESSION

30. 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 Vice Mayor Euille and carried unanimously, at 10:50 p.m., City Council convened an executive session at this time for the purpose of consulting with legal counsel pertaining to actual and probable litigation, pursuant to Virginia Code 2.1-344(A)(7), including City of Alexandria v. Slater, a case pending in the US District Court for the District of Columbia involving the replacement for the Woodrow Wilson Bridge. The voting was as follows:

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

THEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, at 12:25 a.m., Wednesday, November 25, 1998, City Council reconvened the meeting. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Speck, seconded by 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. 1900

WHEREAS, on this 24th day of November 1998, the Alexandria City Council did recess into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

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





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

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, at 12:27 a.m.,, Wednesday, November 25, 1998, the Regular Meeting of Tuesday, November 24, 1998, was adjourned. The voting was as follows:

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

APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:



______________________________________________
Beverly I. Jett, CMC City Clerk




At 12:27 a.m., City Council adjourned the meeting.

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

City Council and the Alexandria School Board will hold a Joint Work Session to discuss Standards of Learning on Monday, November 23, 1998, at 6:30 p.m., at the Fire Department Training Center, located at the rear of the Lee Center, 1108 Jefferson Street, Alexandria, Virginia.

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

The Alexandria Call to Community will hold a forum on Tuesday, December 1, 1998 at 7:00 p.m. at Francis C. Hammond Middle School, 4646 Seminary Road, Alexandria, Virginia.

It is anticipated that more than two Council Members will be in attendance.
* * * * *
Public Notice

The Commission on the Condition and Future of Virginia's Cities is holding a Meeting on Wednesday, December 2, 1998, at 1:00 p.m. at the George Washington National Masonic Memorial, 101 Callahan Drive, Alexandria, Virginia.

It is anticipated that more than two Members of Council will be attending this meeting.