Regular Meeting
Tuesday, March 10, 1992 - - 7:30 pm
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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, Lonnie C. Rich, and David G. Speck.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Pollard, Assistant City Attorney; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Ms. Boyd, Director of Citizen Assistance; Mr. Cyphers, Director of Human Services; Mr. Gitajn, Director of Financial and Information Services; Mr. Platky, Director of Management and Budget; Mr. Neckel, Director of Finance; Ms. Marczak, Deputy Director of Management and Budget; Mr. Garrity, Coordinator of Grants Management; Mr. Lynn, Director of Planning and Community Development; Mr. Webb, Director of Code Enforcement; Ms. Levine, Director of Office on Women; Ms. Davis, Director of Housing; Ms. Gattsek, Division Chief of Office of Housing; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mr. Schott, Director of General Services; Sheriff Dunning; Police Chief Samarra; Fire Chief Beam; and Sergeant Corle, Police Department.
Recorded by: Susan K. Seagroves, Deputy City Clerk and Clerk of Council.
OPENING
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
The Invocation was pronounced by Reverend Rosemari G. Sullivan, Director, The Church of Saint Clement's.
3. Reading and Acting upon the Minutes of the following Meetings of City Council:
(A copy of Vice Mayor Cleveland's memorandum dated March 3, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3(b); 3/10/92, and is incorporated herewith as part of this record by reference.
A copy of the corrected page 8 of the minutes for February 26, 1992, clarifying a request of Vice Mayor Cleveland for a budget memorandum, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3(b); 3/10/92, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council (a) approved the Minutes of the Public Hearing Meeting of February 22, 1992, as submitted; and (b) approved the Minutes of the Special Meeting of February 26, 1992, as corrected. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
4. THERE BEING NO DISCUSSION, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council received the report of the City Clerk, dated March 4, 1992, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 3/10/92, and is incorporated herewith as part of this record by reference. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
5. Presentation of a Proclamation Declaring the Week of March 8-14, 1992, as Adolescent Pregnancy Prevention Awareness Week. (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. 5; 3/10/92, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper presented the proclamation.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded bv Councilman Donley and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck out of room
WITHOUT OBJECTION, City Council deferred consideration of Docket Item No. 6 until Mr. Troy arrived.
7. Presentation of a Proclamation Declaring the Month of June 1992 as Buckle Down, Alexandria 1992 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. 7; 3/10/92, and is incorporated herewith as part of this record by reference.)
(Vice Mayor Cleveland presented the proclamation.
Mayor Ticer lent her support and that of Council for all this group has done over a long period of time.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck out of room
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8. Presentation by the Alexandria Commission on the Arts Regarding the Fundraising Effort for the King Street Gateway Site. (Mayor Ticer)
(A copy of the brochure "Buy a Brick ... Build a Park! King Street Gardens Park" is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 3/10/92, and is incorporated herewith as part of this record by reference.
A copy of a partial verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 3/10/92, and is incorporated herewith as part of this record by reference.)
(City Council received the presentation of individual bricks with their names stamped on them as part of the King Street Gardens Park fundraising project.
Councilman Speck addressed the fact that this is a unique city-sponsored project of a city-sponsored commission and he has discussed with General Services and the City Manager a waiver of the rules for the brick project to be in Market Square through the season. Mr. Schott, Director of General Services, agreed this would be appropriate.)
WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council moved to authorize the King Street Gardens Park Project brick sales to be given space [in Market Square] through this season for the sale of bricks. The voting was as follows:
Speck "aye" Ticer "aye"
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Rich "aye"
At This Point, City Council returned to consideration of Item No. 6 and the following transpired:
6. Presentation of a Proclamation Declaring Saturday, March 14, 1992, as St. Patrick's Day Parade Day. (Councilman Donley and 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; 3/10/92, and is incorporated herewith as part of this record by reference.)
(Councilman Donley and Councilwoman Pepper presented the proclamation.)
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye" Speck "aye"
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 9 - 19; 25 - 26
WITHOUT OBJECTION, City Council removed Docket Item Nos. 13, 15 and 18 from the Consent Calendar.
9. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(a) Alexandria Commission on Disabled Persons
(b) Alexandria Commission on Employment
(c) Alexandria Emergency Medical Services Council
(d) Alexandria Gypsy Moth Suppression Committee
(e) Alexandria Park and Recreation Commission
(f) Alexandria Social Services Advisory Board
(A copy of the above resignations is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9(a-f); 3/10/92, and is incorporated herewith as part of this record by reference.)
10. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Member Designated by the Alexandria
Chamber of Commerce
(b) Alexandria Commission on Disabled Persons
1 Representative from the Alexandria
Chamber of Commerce
(c) Alexandria Park and Recreation Commission
1 High School Youth Member
(d) Board of Commissioners of the Alexandria Redevelopment and
Housing Authority
1 Representative from the Alexandria Landlord-Tenant Relations Board
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10(a-d); 3/10/92, and is incorporated herewith as part of this record by reference.)
11. Consideration of Transfer of Community Development Block Grant Housing Funds.
(A copy of the City Manager's memorandum dated February 24, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/10/92, and is incorporated herewith as part of this record by reference.)
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12. Consideration of Setting a Public Hearing on Saturday, March 21, 1992, on a Request for Removal of Handicapped Parking Space in the 400 Block of East Windsor Avenue.
(A copy of the City Manager's memorandum dated February 28, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/10/92, and is incorporated herewith as part of this record by reference.
A copy of communications received on this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 3/10/92, and is incorporated herewith as part of this record by reference.)
14. Consideration of Establishment of the Flora Krause Casey Public Health Award.
(A copy of the City Manager's memorandum dated February 27, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/10/92, and is incorporated herewith as part of this record by reference.)
16. Consideration of an Allocation of Monies for Restoration and Preservation Work at Gadsby's Tavern and the Lyceum.
(A copy of the City Manager' s memorandum dated March 3, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/10/92, and incorporated herewith as part of this record by reference.)
17. Consideration of a Reallocation of Monies for Modifications to the Detention Center Visitor Elevator.
(A copy of the City Manager's memorandum dated March 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 3/10/92, and is incorporated herewith as part of this record by reference.)
19. Consideration of Acceptance of Funds from the Virginia Department of Emergency Services for the Fire Department to Purchase Emergency Preparedness Equipment.
(A copy of the City Manager's memorandum dated February 27, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/10/92, and is incorporated herewith as part of this record by reference.)
25. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend and expand the definitions in the zoning code of parking areas and parking lots, and to require a special use permit for certain such areas and lots.
(A copy of the proposed ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 3/10/92, 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. 25; 3/10/92, and is incorporated herewith as part of this record by reference.)
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26. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the business license tax provisions of the city code to extend the tax to the retail sales of all fire arms. (Mayor Ticer)
(A copy of the proposed ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of item No. 26; 3/10/92, 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. 26; 3/10/92, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 13, 15 and 18 which were considered under separate motions. The City Manager's recommendations are as follows:
9. City Council received the following resignations with regret: (a) H. C. Joel Webb from the Alexandria Commission on Disabled Persons; (b) Robert M. Harper from the Alexandria Commission on Employment; (c) Jean O. Dunham from the Alexandria Emergency Medical Services Council; (d) Daniel Mullin from the Alexandria Gypsy Moth Suppression Committee; (e) Caroline E. Heald from the Alexandria Park and Recreation Commission; and (f) Eva Marie Wall from the Alexandria Social Services Advisory Board; and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
10. City Council (a) appointed Edward Kee as a Member Designated by the Alexandria Chamber of Commerce to the Alexandria Budget and Fiscal Affairs Advisory Committee; (b) reappointed John Braswell as a Representative from the Alexandria Chamber of Commerce to the Alexandria Commission on Disabled Persons; (c) appointed Natasha Jackson as a High School Youth Member to the Alexandria Park and Recreation Commission; and (d) reappointed Barbara Harris as a Representative from the Alexandria Landlord-Tenant Relations Board to the Board of Commissioners of the Alexandria Redevelopment and Housing Authority.
11. City Council approved the transfer of up to $149,000 from the Low- and Moderate-Income Housing Assistance Fund to the Home Rehabilitation Loan Program as follows:
From Program To Program Amount
Amount (Index Code) (Index Code)
$149,000 Low/Mod Housing Fund Home Rehab Loan Program
(755611) (755785)
12. City Council set this item for public hearing on March 21, 1992.
14. City Council (1) authorized the Alexandria Public Health Advisory Commission to solicit nominations for the Flora Krause Casey Public Health Award annually, and to choose an annual recipient; and (2) agreed to present the Award at a City Council meeting each year.
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16. City Council allocated $9,747 from Account 040006-9712 (Cash Capital) to Account 220061-2121 (Preservation of Historic Buildings) and reallocated $18,253 of an existing available balance within Account 220061 (Preservation of Historic Buildings), for a total project authorization of $28,000, to provide for restoration and preservation projects at Gadsby's Tavern and the Lyceum.
17. City Council allocated $4,000 from Account 220772-2121 (Public Safety Center- -Construction) to Account 220772-2105 (Public Safety Center--Other Equipment) to provide for the reconfiguration of the electrical controls of the visitation elevator at the Alexandria Detention Center.
19. City Council (1) approved the acceptance of these grant monies from the state; and (2) authorized the City Manager to execute all necessary documents related to this request for state grant.
25. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, March 21, 1992.
26. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, March 21, 1992.
END OF CONSENT CALENDAR
The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"
13. Consideration of Setting a Public Hearing on Saturday, March 21, 1992, of the City's Solid Waste Management Plan.
(A copy of the City Manager's memorandum dated February 28, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/10/92, and is incorporated herewith as part of this record bv reference.)
(Councilman Donley commended the City Clerk for her use of the "Please Retain" stamp on this docket item and recommended that the stamp be used in the future, preferably on any item greater than 15 pages in length.
Mr. O' Kane, Director of Transportation and Environmental Services, reported that 1,634 trees were saved in the City's office paper recycling program to date.
Mayor Ticer addressed additional savings listed for just the office paper recycling program.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried unanimously, City Council scheduled a public hearing for March 21 on the City of Alexandria's Comprehensive Solid Waste Management Plan to allow for the timely submission of the Plan to the Virginia Department of Waste Management, as required by the Virginia Solid Waste Management Planning Regulations. The voting was as follows:
Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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15. Consideration of an Allocation of Monies for the City Share of Preliminary Engineering Costs Associated with the Braddock Road Metro Station Area Improvements Project.
(A copy of the City Manager's memorandum dated March 3, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/10/92, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper questioned Mr. O'Kane, Director of Transportation and Environmental Services, about a letter from Mr. Herb Levy about when the walkway will be paved. Mr. O'Kane explained that the property is almost entirely owned by WMATA; the City had to get an easement to permit it to do the construction; there was a liability issue which the City Attorney's office worked out; Metro staff has assured us they would have an agreement to us to review and sign by this Friday; we have extended the contract with the successful bidder; and we hope to get under way this month to get the project started.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council allocated $100,000 from Account 040006-9712 (Cash Capital) to Account 245001-2122 (Braddock Road Metro Station Area Improvements) to provide for the five percent city share of the preliminary engineering costs for this project. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
18. Consideration of an Allocation of Monies for Public Improvements to Columbia Road.
(A copy of the City Manager's memorandum dated March 3, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/10/92, and is incorporated herewith as part of this record by reference.)
(Councilman Speck directed questions to Mr. O'Kane, Director of Transportation and Environmental Services, who clarified the need to come to Council to have the money appropriated.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council allocated $45,016 from Account 245118-9057 (Reconstruction & Extension Streets--Construction Charges) to Account 245027-2121 (Reconstruction/Columbia Road- -Construction) for the installation of curbs and gutters, driveway entrances, sanitary sewers and manholes, street paving, landscaping and the installation of a street light on Columbia Road. The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Rich "aye"
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
20. Consideration of Proposed City Position on Transportation Projects for the Virginia Department of Transportation Preallocation Hearing.
(A copy of the City Manager's memorandum dated March 3, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 3/10/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. The Mayor and Members of City Council and Mr. O'Kane, Director of Transportation and Environmental Services, participated in the discussion on this item.)
WHEREUPON, a motion was made by Councilman Donley, seconded by Councilwoman Pepper, for the approval of the list of projects as presented by the City Manager to the Virginia Department of Transportation (VDOT) Preallocation Hearing, and also add that we state our position in terms of the Woodrow Wilson Bridge as follows: That we oppose the 12-lane expansion of the bridge and we would like to ask that they study possible expansions of one lane providing that it does not remove a physical building, and that it would address the acceleration/deceleration of traffic on and off I-295, and that we also encourage a study of transit options across Woodrow Wilson Bridge to facilitate commuter traffic.
THEREUPON, an amendment was offered by Council Member Rlch that the study not include a grade separation at that intersection [#7 on project list]; which amendment was accepted as a friendly amendment by the maker of the motion but was not accepted by the seconder.
Mr. O'Kane, Director of Transportation and Environmental Services, brought up two concerns raised by Mayor Ticer to mention to the state about our concern about the HOV lanes being extended on Route 1 down to Ft. Belvoir and to emphasize the extension of Metrorail from Van Dorn out to Franconia; which amendments were accepted by the maker and the seconder.
(Council Member Rich stated that he is going to vote for this but does want to make it clear for the record that he does not support grade separation [#7 on project list] and he does not support widening of the Wilson Bridge.)
WHEREUPON, Council returned to the main motion, as amended, made by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council (1) approved the list of projects (see City Manager's Report) to be presented at the Virginia Department of Transportation VDOT Preallocation Hearing on April 1 for the Northern Virginia District, and also added (2) that we state our position in terms of the Woodrow Wilson Bridge that we oppose the 12-lane expansion of the bridge and we would like to ask that they study possible expansions of one lane providing that it does not remove a physical building, and that it would address the acceleration/deceleration of traffic on and off I-295, that we also encourage a study of transit options across Woodrow Wilson Bridge to facilitate commuter traffic, mention to the state our concern about the HOV lanes being extended on Route 1 down to Ft. Belvoir, and to emphasize the extension of Metrorail from Van Dorn out to Franconia; and (3) authorized staff to transmit the City's priority listings. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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21. Consideration of How to Interpret Restaurant Closing Hour Conditions in Special Use Permits.
(A copy of the City Manager's memorandum dated March 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 3/10/92, and is incorporated herewith as part of this record by reference.
A copy of a letter from Mr. Dempsey dated March 10, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 3/10/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. The Mayor and City Council participated in the discussion on this item.
WITHOUT OBJECTION, Mr. Middleton, President of the Alexandria Chamber of Commerce, spoke in support of a public hearing.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Jackson and carried unanimously, City Council referred this issue to the Planning Commission with the request that they give Council their recommendation at the first legislative meeting in June. The voting was as follows:
Speck "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
22. Consideration of Proposed Agreement Providing for City Participation in the A.P. Hill Regional Jail.
(A copy of the City Manager's memorandum dated March 6, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 3/10/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Sheriff Dunning responded to questions from Councilwoman Pepper.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded bv Vice Mayor Cleveland and carried unanimously, City Council approved the agreement (Attachment 1 to the City Manager's report) and authorized the Mayor to execute it. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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23. Consideration of Use of Council Chambers by the Commission on the Status of Women.
(A copy of the City Manager's memorandum dated February 28, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 3/10/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Speck asked questions of the City Manager. Vice Mayor Cleveland participated in the discussion.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request to allow the Commission on the Status of Women to use the Council Chambers on Saturday, May 30, 1992, for a town meeting on violence against women and for the presentation of its twelfth annual Woman to Woman awards. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
24. Consideration of Update Report from the City Attorney on Items before the 1992 Virginia General Assembly.
(A copy of the City Attorney's memorandum dated March 9, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 3/10/92, and is incorporated herewith as part of this record by reference.)
City Council took no action on this item; the City Attorney presented his report at the Work Session earlier in the evening-
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilwoman Pepper requested that staff analyze the responses received to the Health Department's inquiries, at the request of the Northeast Citizens Association, about whether there are PCBs on the Potomac Yard site.
(b) Councilwoman Pepper asked staff to follow a lawsuit filed against a scrap dealer by RF&P for dumping PCBs.
(c) Councilman Speck questioned Mr. Neckel, Director of Finance, about the status of the proposed postcard system for enforcement of delinquent personal property taxes. Mr. Neckel explained that the system was thoroughly tested, the cards will be distributed to public agencies and citizen associations on Friday, 3/13, and the system is now in place.
(A copy of the postcard and Personal Property Tax Facts Booklet is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Oral Presentation Item (c); 3/10/92, and is incorporated herewith as part of this record by reference.)
(d) Councilman Speck asked that the Mt. Vernon Avenue Association Block Party on Saturday, May 9, 1992, 3 - 8 p.m., be docketed for the Consent Calendar on Council's next legislative meeting.
(e) Councilwoman Pepper reported on her attendance at the recent National League of Cities Conference.
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(f) Mayor Ticer mentioned her appointment to the Conference of Mayors Committee on Children and Families and that she will make a report at a later time.
(g) Mayor Ticer asked that the City look into something Arlington County uses regarding parking restrictions. Arlington has a little sign on their handicapped parking signs which gives the phone number which one can call if you see someone abusing the privilege of using the handicapped parking.
ORDINANCES AND RESOLUTIONS
27. Consideration of Resolution Governing the Council's Consideration of the Manager's Proposed Budget. (Councilman Donley, also Councilman Jackson, Council Member Rich, Councilman Speck and Councilwoman Pepper)
(A copy of Councilman Donley's memorandum dated February 26, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 3/10/92, and is incorporated herewith as part of this record by reference.)
(Councilman Donley explained his proposed resolution outlining the manner in which Council would consider the budget this year, with some technical changes requested by the City Attorney. Councilman Speck commended Councilman Donley for providing some excellent guidelines. Mayor Ticer, Councilman Donley and Councilwoman Pepper participated in the discussion.
For the record, Councilman Jackson endorsed Mr. Speck's remarks that Councilman Donley has worked very diligently on this for some time and has kept the rest of Council informed and aware of what he is doing. This is an excellent step, and Mr. Donley has done a very good job.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution. The voting was as follows:
Donley "aye" Cleveland "aye"
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
The resolution reads as follows:RESOLUTION NO. 1585
WHEREAS, the City of Alexandria and the Greater Washington region face the most severe economic recession experienced in decades; and
WHEREAS, the Alexandria City Council has previously exhibited restraint when considering its annual budget and financial policies; and
WHEREAS, the Alexandria City Council wishes to establish structure surrounding upcoming budget deliberations in these trying economic times;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alexandria, Virginia, that the Council shall, for the purposes of consideration of the Budget for the City of Alexandria, adhere to the following rules of procedure:
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Section (a) Proposed Budget for the City of Alexandria - -
(1) For purposes of this resolution, the budget baseline of revenue rates and expenditure levels for the fiscal year shall be that proposed by the Manager of the City of Alexandria.
(2) For purposes of this resolution, the Office of Management and Budget shall provide revenue and/or expenditure projections for any motion or amendment which could effect the proposed budget specified in paragraph (1).
Section (b) Maximum Expenditure Levels May Not Exceed Sum of Projected Revenue and Appropriation from Undesignated Fund Balance in Proposed Budget - -
(1) It shall not be in order in the Alexandria City Council to consider any motion or amendment to the proposed budget of the City of Alexandria if such motion or amendment would have the effect of increasing any specific budget outlays above the level of such outlays contained in the proposed budget specified in section (a) of this resolution, or would have the effect of reducing any specific revenues below the level contained in the proposed budget specified in section (a) of this resolution, unless such motion or amendment makes at least an equivalent reduction in other specific budget outlays, identifies an equivalent increase in other specific revenues, or an equivalent combination thereof.
(2) In the Alexandria City Council any appropriation from the Undesignated Fund Balance or like account beyond that proposed in the Manager's proposed budget shall require an affirmative vote of five-sevenths (or seventy-one percent) of Members present and voting, a quorum being present.
Section (c) Expiration - - The provisions of this resolution shall expire on June 30, 1994.
28. Consideration of Resolution Creating the Alexandria Task Force to Conduct a Management Study of Code Enforcement. (Council Member Rich)
(A copy of the City Manager's memorandum dated March 6, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 3/10/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. The Mayor, Members of City Council and the City Manager participated in discussion on this item.
Mayor Ticer stated that the Word Center is available to them and some member of staff will be available for consultation.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Jackson and carried on a ROLL-CALL vote of 6-to-1, City Council adopted the resolution. The voting was as follows:
Rich "aye" Cleveland "no"
Jackson "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
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The resolution reads as follows:
RESOLUTION NO. 1586
WHEREAS, on February 11, 1992, the Alexandria City Council voted to appoint a five-person citizen task force to review the operation of the City's Code Enforcement Bureau; and
WHEREAS, the City Council will appoint the members of the Task Force at its meeting on March 10, 1992; and
WHEREAS, the Council wishes to set forth the purpose, scope of work and time frame for the review by the Task Force and its report to City Council;
NOW, THEREFORE, BE IT RESOLVED that the Alexandria City Council hereby formally establishes a five-person citizen task force to review the following aspects of the operation of the Alexandria Code Enforcement Bureau:
(1) The services, levels of service and programs provided by the Code Enforcement Bureau and the cost effectiveness of the way in which the services are being provided;
(2) The organization, administration and operation of the department including how technology can be used to improve service delivery;
(3) The objectives of Code Enforcement, its inputs and outputs (short-term, medium-term and long-term), how its objectives are related to activities, what changes in objectives can be expected in the future, and how the City can build in flexibility to address these changes;
(4) Federal, state and local mandates and how they are related to the activities of the Code Enforcement Bureau;
(5) The consequences of not performing the activities currently being performed;
(6) Other entities (local, state or private) that can perform the tasks handled by the Code Enforcement Bureau and be more cost effective to the City and the customers of the Bureau as well as improve efficiency and quality of service;
(7) Whether the functions of the Code Enforcement Bureau can be narrowed or redesigned to save money and the methods that can be used to achieve greater efficiency and productivity;
(8) Whether any of the rules the Code Enforcement Bureau follows and/or enforces can be eliminated or reduced for greater efficiency;
(9) The number of employees required to substantiate internal functioning of Code Enforcement, and whether any of the internal functions can be eliminated;
(10) Examine the fee structure to determine if permit fees cover costs or need to be raised and if the City has the legal authority to make money in the Code Enforcement fee structure;
(11) Define who the customer is in Code Enforcement and determine if the customer is or is not satisfied, and the basis for this determination;
BE IT FURTHER RESOLVED that the City Council requests the Task Force to provide an interim written report to the Council in 30 days from the date of the first meeting of the Task Force and a final written report 30 days later that includes the Task Force's recommendations.
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29. Consideration of Local Governing Body Approval of ARHA Issuance of Tax-Exempt Refunding Bonds for the Colonial Village Apartments in Manassas, Virginia.
(A copy of the City Manager's memorandum dated February 26, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 3/10/92, and is incorporated herewith as part of this record by reference.)
(Councilman Jackson received from the City Manager clarification of the bond process and confirmation that no Alexandria funds will be used.
For the record, Councilman Speck stated that he intends to vote on this with the knowledge that, to the best of his knowledge, Wheat, First Securities, which is his employer, is not participating in the underwriting on this.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution approving the issuance, by the Alexandria Redevelopment and Housing Authority (ARHA), of up to $4,505,000 in tax-exempt refunding bonds for Colonial Village, a 149-unit rental housing development in Manassas, Virginia, on behalf of the Federal National Mortgage Association (Fannie Mae). The voting was as follows:
Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
The resolution reads as follows:
WHEREAS, the Alexandria Redevelopment and Housing Authority (the "Authority") has agreed to use its best efforts to assist Federal National Mortgage Association, a federally chartered, stockholder-owned corporation organized and existing under the Federal National Mortgage Association Charter Act (12 U.S.C. 1716, et seq.) ("Fannie Mae" or in its capacity as owner of the Colonial Village Apartments (defined below), hereinafter referred to as the "Owner") in refinancing the acquisition and rehabilitation of 149 multi-family residential rental units located in Manassas, Virginia (the "Colonial Village Apartments") and, in particular, to undertake the issuance of its refunding bonds in an approximate amount not to exceed $4,505,000 (the "Bonds") upon the terms and conditions to be mutually agreed upon between the Authority and the Owner, and to loan the proceeds of such Bonds (the "Loan") to the Owner pursuant to a loan agreement which will provide for, among other things, (i) the application of the loan proceeds to refund certain outstanding bonds of the Authority issued in connection with the original financing of the Colonial Village Apartments (the "Original Bonds"), (ii) the repayment of the Loan and (iii) the assignment and transfer of the Loan to Fannie Mae, and in exchange for the Loan, Fannie Mae will issue to the trustee for the benefit of the owners of the Bonds a guaranteed mortgage pass-through certificate to secure the timely payment of principal and interest on the Bonds; and
WHEREAS, Section 147 (f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that both the governmental unit having jurisdiction over the issuer of bonds, such as the Bonds, and the governmental body in which any facility financed with the proceeds of such bonds is located shall approve the issuance of such bonds; and
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WHEREAS, the Virginia Housing Authorities Law, Title 36, Chapter 1, Code of Virginia of 1950, as amended (the "Act") requires that under certain circumstances loans by the Authority be approved by the local governing body; and
WHEREAS, the Authority operates within the jurisdiction of the City of Alexandria, Virginia (the "City") and the City Council of the City (the "City Council") constitutes the highest elected governmental body of the City; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, has been filed with the City Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA:
1. The City Council approves the issuance of the Bonds by the Authority for the benefit of the Owner, to the extent required by Section 147(f) of the Code and the Act, to permit the Authority to refund the Original Bonds and to assist in the refinancing of the Colonial Village Apartments.
2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Code and the Act, does not constitute an endorsement to a prospective purchaser thereof of the creditworthiness of the Colonial Village Apartments or the Owner, but, as required by Section 36-29 of the Act, the Bonds shall provide that the Bonds shall not be a debt of the Commonwealth of Virginia or any political subdivision thereof (other than the Authority), including the City of Alexandria and Manassas, Virginia, and neither the Commonwealth of Virginia nor any political subdivision thereof (other than the Authority) including the City of Alexandria and Manassas, Virginia, shall be liable thereon, nor in any event shall such Bonds be payable out of any funds or properties other than those of the Authority specifically pledged thereto.
The Bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
3. This Resolution shall take effect immediately upon its adoption.
OTHER
(A copy of the City Manager's memorandum dated March 6, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 3/10/92, and is incorporated herewith as part of this record by reference.)
(There was considerable discussion about the location of the meeting proposed by Alexandria Round Table.
Councilman Jackson announced that he will be out of town on business and is unable to attend the March 30, 1992 Budget Public Hearing Meeting.)
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It was the sense of Council to expand on the already-approved April 6 Budget Work Session scheduled for Monday, April 6, at 7:00 p.m., in the Council Workroom, and invite ALERT and all of these groups as well as our own Human Services agencies, boards and commissions.
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, Citv Council approved the City Council schedule. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye
Ticer "aye" Rich "aye"
Speck "aye"
CONTESTED APPOINTMENTS
31. Alexandria Task Force to Conduct a Management Study of Code Enforcement
(The following persons volunteered for appointment to the above Task Force:)
Daniel Bairley
C. Michael Duncan*
Randolph Kirby
Peter Nelsen
Daphne Philos
Kerry Ann Richards
Linda Sawyer
Donald Simpson, Jr.
Edward F. Westrick*
Michael Wheeler
Glendal Wright
__________________________
* Residency Waiver Required
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(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. 31; 3/10/92, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council appointed Daniel Bairley, Randolph Kirby, Daphne Philos, Donald Simpson, Jr. and Glendal Wright as Citizen Members to the Alexandria Task Force to Conduct a Management Study of Code Enforcement. The voting was as follows:
Ticer - Bairley, Kirby, Philos, Simoson, Wright
Cleveland - "abstain"
Donley - Bairley, Kirby, Philos, Simpson, Wright
Jackson - Bairley, Kirby, Philos, Simpson, Wright
Pepper - Bairley, Kirby, Philos, Simpson, Wright
Rich - Bairley, Kirby, Philos, Simpson, Wright
Speck - Bairley, Kirby, Philos, Simpson, Wright
32. Alexandria Commission on the Status of Women
1 Citizen Member
(The following persons volunteered for appointment to the above Commission:)
Pearl Aldrich
Susan Butler
Tara Hardiman
Cynthia Long
Edward Marits
Renee Roberts
Carol Van Horn
(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. 32; 3/10/92, 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 Tara Hardiman as a Citizen Member to the Alexandria Commission on the Status of Women. The voting was as follows:
Ticer - Roberts
Cleveland - Butler
Donley - Roberts
Jackson - Hardiman
Pepper - Hardiman
Rich - Hardiman
Speck - Hardiman
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33. Alexandria Emergency Medical Services Council
1 Member from a Private Ambulance Service Serving Alexandria
(The following person volunteered for appointment to the above Council:)
Ronald Ducheney*
(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. 33; 3/10/92, 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 Ronald Ducheney as a Member from a Private Ambulance Service to the Alexandria Emergency Medical Services Council. The voting was as follows:
Ticer - Ducheney
Cleveland - Ducheney
Donley - Ducheney
Jackson - Ducheney
Pepper - Ducheney
Rich - Ducheney
Speck - Ducheney
34. Alexandria Public Records Advisory Commission
(The following persons volunteered for appointment to the above Commission:)
Patrick Borders
Dennis Day
(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. 34; 3/10/92, 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 Patrick Borders as a Citizen Member to the Alexandria Public Records Advisory Commission. The voting was as follows:
Ticer - Borders
Cleveland - Borders
Donley - Borders
Jackson - Borders
Pepper - Borders
Rich - Borders
Speck - Borders
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35. USS Alexandria Liaison Committee
2 Citizen-at-Large Members
(The following persons volunteered for appointment to the above Committee:)
Robert Carragher
John Herzog
Arthur Killinger
Claudia Waller
(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. 35; 3/10/92, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council appointed Robert Carragher and Claudia Waller as Citizen-at-Large Members to the USS Alexandria Liaison Committee. The voting was as follows:
Ticer - Carragher, Waller
Cleveland - Killinger, Waller
Donley - Carragher, Waller
Jackson - Carragher, Waller
Pepper - Carragher, Waller
Rich - Carragher, Waller
Speck - Killinger, Waller
AT THIS POINT, at 10:03 p.m., Council Member Rich left the meeting and was absent from the Executive Session.
New Business Item No. 1: WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Councilman Jackson, at 10:04 p.m., City Council convened an executive session, at the close of this meeting, for the purpose of: consulting with and receiving a briefing from legal counsel pertaining to the following pending litigation involving the city or a city officer or employee, pursuant to section 2.1-344(7) of the Virginia Code: Fleming v. Kennedy, No. CL89-0704, which is pending in the Circuit Court for the City of Alexandria. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
Jackson "aye" Rich absent
Speck "aye"
New Business Item No. 2: THEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Jackson and carried unanimously by all those present, at 10:40 p.m., City Council reconvened its meeting of this date which was recessed for purpose of conducting an executive session. The voting was as follows:
Cleveland "aye" Donley "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich absent
Speck "aye"
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New Business Item No. 3: WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council adopted a resolution pertaining to the two executive sessions. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich absent
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1588
WHEREAS, the Alexandria City Council has this 10th day of March, 1992, recessed into executive session on two occasions pursuant to motions 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 sessions were conducted in accordance with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motions by which the executive sessions were 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 sessions.
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously by all those present, at 10:43 p.m., the Regular Meeting of March 10, 1992, was adjourned. The voting was as follows:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich absent
Speck "aye"
__________________________
ATTEST:
_________________________________
Susan K. Seagroves, Deputy City Clerk
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This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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