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Regular Meeting
Tuesday, November 12, 1991 - - 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; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Cyphers, Director of Human Services; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Davis, Director of Housing; Ms. Boyd, Director of Citizen Assistance; Mr. Brannan, Assistant City Manager; Mr. Pessoa, Assistant City Attorney; Mr. Schott, Director of General Services; Ms. Federico, Director of Historic Alexandria; Ms. Atkinson, Executive Director of Agency on Aging; Ms. Marczak, Deputy Director of Management and Budget; Mr. Garrity, Coordinator of Grants Management; Police Chief Samarra; Fire Chief Beam; Sheriff Dunning; Deputy Police Chief Baker; Deputy Police Chief Streeter; Mr. Flaherty, Director of Economic Development Program; and Sergeant Corle, Police Department.

Recorded by: Beverly I. Jett, CMC, 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 George Pera, Pastor, Westminster Presbyterian Church.

3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously, City Council approved, as submitted, the Minutes of (a) the Public Hearing Meeting of October 12, 1991; and (b) Regular Meeting of October 22, 1991. The voting was as follows:

Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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4. THERE BEING NO DISCUSSION, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Vice Mayor Cleveland and carried unanimously, City Council received the report of the City Clerk and Clerk of Council, dated November 5, 1991, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/12/91, and is incorporated herewith as part of this record by reference. The voting was as follows:

Donley "aye" Ticer "aye"
Pepper "aye" Jackson "aye"
Cleveland "aye" Rich "aye"
Speck "aye"

5. Presentation of a Proclamation Declaring the Month of November 1991, as Alzheimer's Disease Month in the City of Alexandria. (Mayor Ticer)

(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; 11/12/91, and is incorporated herewith as part of this record by reference.)

(Councilwoman Pepper presented the proclamation.)

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

Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

6. Consideration of Recognizing the Alexandria Police Arlandria Response Force, the Alexandria Police Athletic League, and Jones Intercable Company of Alexandria, for Receiving the Governor's Crime Prevention Recognition Awards for Community Programs.

(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; 11/12/91, and is incorporated herewith as part of this record by reference.)

(Mayor Ticer presented the proclamation.)

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

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

WITHOUT OBJECTION, City Council considered Docket Item No. 37 out of order.







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37. Presentation of Resolution Commending and Supporting the Get Away Clean Program. (Vice Mayor Cleveland)

(Vice Mayor Cleveland presented the resolution.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council adopted the resolution. The voting was as follows:

Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The resolution reads as follows:
RESOLUTION NO. 1561
WHEREAS, the Alexandria City Council recognizes the need to empower youth with knowledge and skills, so that they can effectively resist a variety of negative influences; and

WHEREAS, City Council recognizes the need for more comprehensive, skill-based prevention programs that teach youth social competency skills, primarily interpersonal communications skills; and

WHEREAS, City Council recognizes the importance of teaching youth to THINK CLEAN, TALK CLEAN, and ACT CLEAN, so that they can live, learn, work, play and socialize in a healthy and productive manner;

NOW, THEREFORE, BE IT RESOLVED that the Alexandria City Council hereby commends and supports the "GET AWAY CLEAN PROGRAM", all instructors, mentors and youth leaders for their untiring work in providing skills training to over ten thousand youth in the City of Alexandria over the past five years; and

BE IT FURTHER RESOLVED that the Alexandria City Council hereby endorses the philosophy of the "GET AWAY CLEAN PROGRAM" which states in part:

BE IT FURTHER RESOLVED that the City Council commends the activities of the "GET AWAY CLEAN PROGRAM" and endorses any expansion of the "GET AWAY CLEAN PROGRAM" throughout the City of Alexandria.







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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 7 - 21; 29 - 30
WITHOUT OBJECTION, City Council removed Item Nos. 10, 11, 14, and 20 from the Consent Calendar and noted the withdrawal of Item No. 16.

7. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:

(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. 7; 11/12/91, and is incorporated herewith as part of this record by reference.)
Lonnie C. Rich

(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. 8 (a-e); 11/12/91, and is incorporated herewith as part of this record by reference.)

9. Consideration of Acceptance of State Supplemental Funds in the Amount of $55,900 from the Virginia Council on Child Day Care and Early Childhood Programs for the Alexandria Head Start Programs.

(A copy of City Manager's memorandum dated 11/7/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 11/12/91, and is incorporated herewith as part of this record by reference.)

12. Consideration of an Allocation of Monies for Handicapped Accessibility Improvements to the Flora K. Casey Health Clinic.

(A copy of the City Manager's memorandum dated 11/5/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/12/91, and is incorporated herewith as part of this record by reference.)

13. Consideration of an Allocation of Monies for the Restoration of the Cupola at the Payne Street Center.

(A copy of the City Manager's memorandum dated 11/12/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 11/12/91, and is incorporated herewith as part of this record by reference.)

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15. Consideration of an Allocation of Monies for Payments of Duke Street Widening Project (Between Elizabeth and Henry Streets).

(A copy of the City Manager's memorandum dated 11/5/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 11/12/91, and is incorporated herewith as part of this record by reference.)

16. Consideration of Setting a Public Hearing on Saturday, November 16, 1991, on a Request for Overhead Utilities Variance at 442 North Henry Street (Huhn's Exxon Station). WITHDRAWN 11/12/91

(A copy of the City Manager's memorandum dated 11/8/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/12/91, and is incorporated herewith as part of this record by reference.

A copy of a letter of withdrawal dated 11/12/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 11/12/91, and is incorporated herewith as part of this record by reference.)

17. Consideration of Setting a Public Hearing on Saturday, November 16, 1991, on a Request for Overhead Utilities Variance at 203 Summers Drive.

(A copy of the City Manager's memorandum dated 11/8/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 11/12/91, and is incorporated herewith as part of this record by reference.)

18. Consideration of Setting a Public Hearing on Saturday, November 16, 1991, on a Request for Overhead Utilities Variance for the 300 Block of Kentucky Avenue.

(A copy of the City Manager's memorandum dated 11/8/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 11/12/91, and is incorporated herewith as part of this record by reference.)

19. Consideration of Setting a Public Hearing on Saturday, November 16, 1991, on the Installation of Three-Way Stop Signs at the Intersection of Cameron and North Payne Streets.

(A copy of the City Manager's memorandum dated 11/8/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/12/91, and is incorporated herewith as part of this record by reference.)

21. Consideration of Receipt of the 1990-1991 Annual Report from the Alexandria Volunteer Fire Department.

(A copy of the City Manager's memorandum dated 10/22/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/12/91, and is incorporated herewith as part of this record by reference.)

29. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to revise the business license provisions of the city code.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 11/12/91, and is incorporated herewith as part of this record by reference.

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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. 29; 11/12/91, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated 11/8/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 29; 11/12/91, and is incorporated herewith as part of this record by reference.)

30. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to rescind Ordinance 3447 and to authorize the sale of city-owned property at 617 North Henry Street in the City of Alexandria to Edward S.J. Fader and Roberta V.Z. Fader.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 11/12/91, 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. 30; 11/12/91, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated 11/4/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 30; 11/12/91, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Item Nos. 10, 11, 14, and 20, which were considered under separate motions and noted the withdrawal of Item No. 16; introduced and passed the ordinances on First Reading; set them for Public Hearing, Second Reading and Final Passage on Saturday, November 16, 1991. The City Manager's recommendations are as follows:

7. City Council received the following resignation with regret: (a) John Mendenhall from the Alexandria Environmental Policy Commission; and requested the Executive Secretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.

8. City Council (a) appointed Jolee Rubin as a Business Member to the Alexandria Consumer Affairs Commission; (b) appointed J. Glenn Hopkins as a Representative Designated by Council Member Lonnie C. Rich to the Alexandria Economic Opportunities Commission; (c) appointed Christina Forbes as a Member from the Field of Urban Planning to the Alexandria Environmental Policy Commission; (d) appointed Elizabeth Belmonte as a Representative Designated by the Alexandria Community Services Board to the Alexandria Public Health Advisory Commission; and (e) appointed Kate Gemmell as a Youth Member to the Alexandria Youth Services Commission.

9. City Council (1) approved the acceptance of supplemental funds in the amount of $45,500 for child care and $10,400 in program enhancements from the Virginia Council on Child Day Care and Early Childhood Programs; and (2) authorized the City Manager to execute all documentation that may be required.


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12. City Council allocated $50,000 from Account 040006-9712 (Cash Capital) to Account 220921-2121 (Flora Casey Clinic) to provide for the proposed renovations and remodeling at the Flora K. Casey Health Clinic, located at 1200 North Howard Street. This project is included in the approved FY 1992 City budget.

13. City Council allocated $13,000 from Account 040006-9712 (Cash Capital) to Account 220822-2121 (Payne St. Center--Historic Storage) to install aluminum siding and restore deteriorated wood on the cupola at the Payne Street Center. This project is included in the approved FY 1992 City budget.

15. City Council allocated $115,587 from Account 040006-9712 (Cash Capital) and reallocated $47,413 from Account 245225-2121 (Confederate Statue Area Traffic Safety Improvements) to Account 246017-2121 (King Street Metro Area--Duke Street Widening) to provide payments to Virginia Power and to the State for work related to the widening of Duke Street between Elizabeth and Henry Streets (State Project No. 0236-100-107, PE101, RW201, C501). The Duke Street widening between Elizabeth and Henry Streets is included in the CIP as part of the King Street Metro Station Area Improvements Project.

18. City Council set this item for public hearing on Saturday, November 16, 1991.

19. City Council scheduled the appeal of the Traffic and Parking Board's approval of multi-way stop signs at the intersection of Cameron and North Payne Streets for a public hearing on November 16, 1991.

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

29. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, November 16, 1991.

30. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, November 16, 1991.

END OF CONSENT CALENDAR

The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

10. Consideration of an Allocation of Monies for Mandatory Environmental Improvements to City Motor Vehicle Fuel Facilities.

(A copy of the City Manager's memorandum dated 11/5/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 11/12/91, and is incorporated herewith as part of this record by reference.)


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WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously, City Council (a) allocated $77,400 from Account 040006-9712 (Cash Capital) to Account 220939-2121 (Fuel Site Improvements) to provide for fuel site engineering and testing services, the installation of fuel vapor recovery systems, and the installation of spill/overfill protection systems. This project is included in the approved FY 1992 City budget; (b) authorized $3,100 of the allocated amount to be included as a contingency for this project; (c) awarded a contract in the amount of $28,965 to Calco Systems, Inc., the low and responsive bidder, for the installation of fuel vapor recovery systems; (d) authorized the City Manager to award a contract for spill/overfill protection to the lowest responsive bidder; and (e) authorized the City Manager to execute the necessary contract documents. The voting was as follows:

Speck "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Rich "aye"

11. Consideration of an Allocation of Monies for Engineering Studies for Approved FY 1992 Projects.

(A copy of the City Manager's memorandum dated 11/5/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/12/91, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council allocated $37,000 from Account 040006-9712 (Cash Capital) to Account 220905-2102 (General Renovations) to perform a heating, ventilating, and air conditioning study for the Fort Ward Museum and for engineering services associated with the replacement of roofs at four City buildings and roofing recommendations for twelve other City buildings. This project is included in the FY 1992 approved City budget. The voting was as follows:

Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

14. Consideration of an Allocation of Monies for Improvements to the King Street and Dearing Street Intersection.

(A copy of the City Manager's memorandum dated 11/5/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 11/12/91, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Councilman Donley and Councilwoman Pepper and carried unanimously, City Council deferred this item to the 11/26/91 City Council meeting. The voting was as follows:

Speck "aye" Ticer "aye"
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Rich "aye"

20. Consideration of Receipt of the Annual Report for Fiscal Year 1990-91 from the Alexandria Commission for the Arts.

(A copy of the City Manager's memorandum dated 11/6/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/12/91, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion simultaneously made by Councilwoman Pepper and Council Member Rich, seconded by Vice Mayor Cleveland and carried unanimously, City Council received the Annual Report and thanked the Alexandria Commission on The Arts for their many efforts in the last year. The voting was as follows:

Pepper "aye" Ticer "aye"
Rich "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Speck "aye"

WITHOUT OBJECTION, Mayor Ticer recognized Jay Johnson with the Alexandria Volunteer Fire Department and commended him for its report which was submitted under Item No. 21.

WITHOUT OBJECTION, with respect to Item No. 8 (e), Councilman Jackson commented that Kate Gemmell was following in the footsteps of her brother who also served on this Commission. He indicated that her mother and father have instilled in her the importance of public service.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

22. Consideration of Report on Reformulated Gasoline. (Mayor Ticer)

(A copy of the City Manager's memorandum dated 11/5/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 11/12/91, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution, as amended, supporting the Governor's request to participate in the federal reformulated gasoline program and urging Maryland and the District of Columbia to take the same action in order that the Washington Metropolitan Area can benefit from the improved air quality that will result from this program. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The resolution reads as follows:
RESOLUTION NO. 1562
WHEREAS, motor vehicles are the largest source of ozone producing pollutants and emit the vast majority of carbon monoxide emissions in the Metropolitan Washington area; and

WHEREAS, the Clean Air Act Amendments of 1990 (CAAA) require the nine cities with the worst ozone nonattainment areas including the Baltimore, Maryland Metropolitan Statistical Area (MSA), to adopt programs which will require the distribution, sale and dispensing of Certified reformulated gasoline by January 1, 1995; and

WHEREAS, the CAAA {Title II, Section 219(k)} provide the opportunity for other cities or metropolitan areas with ozone and/or carbon monoxide nonattainment areas to "opt-in" to the reformulated gasoline program; and

WHEREAS, Alexandria and the Washington, D.C. MSA are considered by U.S. Environmental Protection Agency (EPA) to be a "serious" nonattainment area for ground level ozone, and Alexandria and portions of the MSA are considered to be a "moderate" nonattainment area for carbon monoxide; and

WHEREAS, the procedure for opting into the reformulated gasoline program is a simple one, which can only be initiated by the Governor of a state by sending a letter to the Administrator of U.S. EPA; and

WHEREAS, the reformulated gasoline program provides for a 15 percent reduction of volatile organic compounds and air toxics, and an increase in oxygen content to reduce carbon monoxide from gasoline fueled vehicles beginning January 1, 1995 and a 25 percent reduction beginning January 1, 2000, without appreciable perturbation of vehicle drivability and gasoline markets; and

WHEREAS, the reformulated gasoline program is a cost effective option for the Washington D.C. MSA nonattainment area to reduce air pollution from gasoline fueled vehicles and equipment as it progresses towards meeting ozone and carbon monoxide attainment requirements in the CAAA; and

WHEREAS, on October 9, 1991, the Metropolitan Washington Council of Governments' Board of Directors (MWCOG) passed a resolution urging the Governors of Maryland and Virginia, and the Mayor of the District of Columbia to opt into the reformulated gasoline program for those nonattainment areas from their respective jurisdictions in the Washington, D.C. MSA; and

WHEREAS, in a letter dated October 23, 1991, Governor Wilder requested the U.S. EPA Administrator to include all of Virginia's nonattainment areas into the reformulated gasoline program, as provided for under Section 219(k) of the CAAA.

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NOW THEREFORE, BE IT RESOLVED that the Alexandria City Council strongly supports Governor Wilder's request and the resolution by MWCOG calling for reformulated gasoline for the entire Washington, D.C. MSA.

23. Consideration of Report on Proposed Federal Police Bill of Rights Legislation. (Council Member Rich)

(A copy of the City Manager's memorandum dated 11/7/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 11/12/91, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 23; 11/12/91, and are incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried on a vote of 5-to-2, City Council tabled this item. The voting was as follows:

Cleveland "aye" Jackson "no"
Donley "aye" Pepper "aye"
Ticer "no" Rich "aye"
Speck "aye"

NOTE: AT THE END OF THE MEETING, THE CITY COUNCIL RECONSIDERED THIS ITEM TO TAKE IT OFF OF THE TABLE AND DEFERRED IT UNTIL THE PUBLIC HEARING ON SATURDAY, NOVEMBER 16. See page 23 of these proceedings for the motions.

24. Consideration of Whether to Change the Old Town Small Area Plan with Respect to Policies Limiting New Restaurants in Old Town East of Washington Street. (Councilman Speck) [This Item is Recommended for Public Hearing on November 16, 1991.]

(A copy of the City Manager's memorandum dated 11/7/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 11/12/91, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 24; 11/12/91, and are incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council docketed for the November 16 public hearing meeting, public hearing on whether to change the Old Town Small Area Plan with respect to policies limiting new restaurants in Old Town East of Washington Street. The voting was as follows:

Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

25. Consideration of Service Increase for Metrobus Routes 7C and 7E.

(A copy of the City Manager's memorandum dated 11/8/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 11/12/91, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council approved the addition of one morning peak weekday trip on both the Metrobus 7C (Park Center to the Pentagon) and 7E (Southern Towers to the Pentagon). The voting was as follows:

Jackson "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Rich out of room
Speck out of room

26. Consideration of City Council Approval of the Alexandria Economic Development Program Operations Agreement.

(A copy of the City Manager's memorandum dated 11/5/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 11/12/91, and is incorporated herewith as part of this record by reference.

A copy of the 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. 26; 11/12/91, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council deferred approval on this and scheduled a work session on this issue. The voting was as follows:

Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"







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27. Consideration of Amending the Zoning Code for Shortening the Five-Year Amortization for Rooming Houses and Boarding Houses.

(A copy of the City Manager's memorandum dated 11/8/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 11/12/91, and is incorporated herewith as part of this record by reference.)

It was the general consensus to postpone this item to the end of the docket and discuss it in Executive Session to seek legal advice.

See page 22 of these proceedings for the action taken on this item.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
28. SUP #2053-A - Consideration of a Request for Amendment to the Existing Special Use Permit for Transportation Management Plan (TMP) to Allow a Reduction in Parking from 890 Spaces to 853 Spaces at the "King Street Station" Project Located in the Area Bounded by Duke Street, Diagonal Road and Reinekers Lane; Zoned C-2, Commercial. Applicant: Oliver Carr Company. (#23 6/15/91; #25 9/10/91)

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 6/4/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 11/12/91, and is incorporated herewith as part of this record by reference.

A copy of a letter of withdrawal dated 11/12/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 11/12/91, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the withdrawal of this item.

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilman Jackson stated that Vice Mayor Cleveland, Councilman Speck and he have been working with the City Manager for quite some time concerning the Traffic Maintenance Facility and Shop and their desire that this facility be named for the late Kenneth W. Smith. The dedication will be held probably sometime towards the end of this year when Mr. Smith's children are in town. The City Manager will notify Council of the exact date. He indicated that it is a very appropriate thing to do to name this shop for its former Traffic Director.







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(b) Councilman Donley spoke to the recent fire that occurred at the old Blessed Sacrament Church. He requested staff to contact the owners of that particular property and report back to Council about whether they would be willing to raze the other buildings at this point to avoid a potential public hazard. If not, whether there are any other measures which can be taken to mitigate potential safety hazards.

The City Manager stated that staff is meeting tomorrow afternoon at 2:30 p.m. with the agents for the property purchasers to discuss the buildings being removed. One of the complicated and expensive factors is that there is asbestos involved. They will be discussing the costs involved. The alternative would be perhaps fencing and getting a watch person. Staff will report back to Council.

Councilwoman Pepper mentioned that the T.C. Williams PTA has been very concerned about that property. She understands that there has been some interest by the PTA in those buildings being renovated and being used for the ninth grade instead of having them moved to the central campus. Some of the principals whom you will be meeting with tomorrow have talked with the president of the PTA about that particular possibility.

(c) Councilman Speck spoke to the disappointment about the voters who turned out for City Council elections, less than 30%. Asked if Council would support the idea of a small study task force composed of some former elected Council Members from both parties and some people who are neither former office holders nor connected with either party, to look at the election process on Council's behalf. Such as at-large, all at one time, partisan elections, and whether there are some things if changed might result in a higher level of voter interest, more debate of the matters, things like wards, staggered terms, time of reelection, length of the term, and all of those things that bear on how we conduct our local elections. They would report back to Council with any thoughts about how we might improve the overall response of the voters to this particular electoral process. Perhaps the Mayor could designate a couple of us from both parties to work out the details and it would be appropriate to send some communication to the representatives of each of the two parties and ask for their thoughts about this to get their input prior to the final formation of a group to study this.

Council Member Rich stated that the suggestion of referring it to the political parties asking them to give feedback probably ought to include the League of Women Voters. Suggested that Councilman Speck and Councilman Jackson could be the designated Council representatives from the two parties.

Councilman Jackson endorsed Councilman Speck's remarks and suggested that Councilman Speck and he could possibly meet and confer and come back to Council with some recommendations for Council to consider.

(d) Council Member Rich endorsed the Governor's extending the school year from 180 to 200 days. He believes there is some support on the Alexandria School Board to go along with this. He suggested to encourage this along and recognizes that there will be some costs attached, but he feels it is worth the costs.







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(e) Council Member Rich addressed the status of the trash tax which was brought up at the Retreat by staff as something that ought to be considered and feels that it ought to be considered, but he by no means has made up his mind to be in favor of imposing any type of fee for trash. His interest in doing it is not a revenue measure. He would like to see it discussed in terms of it being offset against the real estate taxes. The reason for doing it is that the current system is unfair. We have single-family residences who get their trash picked up in front of their house every week. They pay for it in their real estate property tax. We have condominium owners who also pay a real estate property tax and they don't get their trash picked up but pay private haulers. The City makes up for it by giving them a rebate. The apartment dwellers get nothing as well as the business community. We need to make this system fair and he is not interested in using it as a revenue device.

Councilman Donley also feels that it is something that should be left on the table for a lot of the reasons that Council Member Rich has enumerated. Chief among them are the various inequities that exist between different classifications and owners of property. He indicated that it was brought up during the same discussion of the declining revenues we have due to declining property values. He stated the difficulties that we face as a local government of trying to raise the necessary revenues to provide truly what are basic services, primarily public education and public safety services, what accounts for more than 50 per cent of our operating budget. The trash fee was discussed in terms of the declining revenues that we face, not only from reducing property values, but also from the reduction of federal and state financing for many programs that we do, in fact, fund. We need to have these issues on the table to be fully aired.

Councilman Speck stated the he is not aware of anyone saying anything that could be remotely interpreted as being in support of this. The most positive comment made was that this was something to be considered.

(f) Mayor Ticer spoke to a letter dated 11/1/91, addressed to The Honorable James L. Oberstar, Chairman, Public Works and Transportation Subcommittee on Aviation, from The Honorable James P. Moran, The Honorable Constance A. Morella, The Honorable Eleanor Holmes Norton and The Honorable Frank R. Wolf; a copy of which is on file in the office of the City Clerk. She indicated that Council needs to support this issue in terms of the Metropolitan Washington Airports Authority (MWAA). She indicated that CANN, the airport citizen group, won its suit to close down the airports authority in terms of making major decisions. She referred to the three bullets in the letter.

(A copy of the letter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation (f); 11/12/91, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council supports this letter. 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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(g) Vice Mayor Cleveland invited the City Council and the City Manager to mark on their calendars December 6 which will be the Second Annual Untouchables Banquet to be held at the Charles Houston Recreation Center. He indicated that today a grant was funded to the Friends of the Untouchables for $7000 as a way to empower not only the youth but those parents. They will be putting together a book in showing how to start this group not only in the City of Alexandria but across the United States.

OTHER
(A copy of the City Manager's memorandum dated 11/7/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 11/12/91, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried unanimously, City Council (1) scheduled a work session with the City's Virginia General Assembly delegation at 6:00 p.m. before the November 26 City Council meeting; and (2) set a work session with the Alexandria Budget and Fiscal Affairs Advisory Committee at 6:30 p.m. before the December 10 City Council meeting. The voting was as follows:

Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"







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CONTESTED APPOINTMENTS
(The following persons volunteered or were recommended for appointment to the above Board:
NAME ENDORSED BY:
Rohit Anand
Ardelia Hunter [The Alexandria Society for the Preservation
of Black Heritage, Inc.]

Kenneth Shutika

(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; 11/12/91, 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 Ardelia Hunter as a Citizen Member to the Alexandria Board of Architectural Review - Parker-Gray District Panel. The voting was as follows:

Ticer - Hunter
Cleveland - Hunter
Donley - Hunter
Jackson - Hunter
Pepper - Hunter
Rich - Hunter
Speck - Hunter
(The following persons volunteered or were recommended for appointment to the above Commission:)

Laurestine Gravely* (60+)

Charles Heiden

Catherine Nicholson* (60+) Robert F. Haas, Chairman
Ralph Thompson* (60+) Robert F. Haas, Chairman
Barbara Willis

Linda Wilson

Julia Woodard* Robert F. Haas, Chairman
(Residency Waiver Required) Commission on Aging





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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. 33; 11/12/91, 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 Laurestine Gravely, Catherine Nicholson, and Ralph Thompson and appointed Barbara Willis as Citizen Members to the Alexandria Commission on Aging. There had to be a second balloting between the remaining three for the two remaining slots since they all received five votes. The voting was as follows:

Ticer - Gravely, Heiden, Nicholson, Thompson, Willis, Woodard
Cleveland - Gravely, Heiden, Nicholson, Thompson, Willis, Woodard
Donley - Gravely, Nicholson, Thompson, Willis, Wilson, Woodard
Jackson - Gravely, Heiden, Nicholson, Thompson, Willis, Wilson
Pepper - Gravely, Heiden, Nicholson, Thompson, Wilson, Woodard
Rich - Gravely, Nicholson, Thompson, Willis, Wilson, Woodard
Speck - Gravely, Heiden, Nicholson, Thompson, Willis, Wilson

Thereupon, ballots were again distributed, tellers were again appointed and the ballots tallied with the following results: City Council appointed Charles Heiden and Linda Wilson as Citizen Members to the Alexandria Commission on Aging. The voting was as follows:

Ticer - Heiden, Woodard
Cleveland - Heiden, Wilson
Donley - Heiden, Woodard
Jackson - Heiden, Wilson
Pepper - Wilson, Woodard
Rich - Wilson, Woodard
Speck - Heiden, Wilson
(The following persons volunteered for appointment to the above Commission:)

Winifred Conkling

David Harry

Kenneth Maloney

Betsy Welch

(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. 34; 11/12/91, and is incorporated herewith as part of this record by reference.)



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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: Winifred Conkling was appointed as a Citizen Member to the Alexandria Consumer Affairs Commission. There had to be a second balloting between the remaining three contenders since no one received a majority number of votes for the second position. The voting was as follows:

Ticer - Conkling, Welch
Cleveland - Conkling, Harry
Donley - Conkling, Maloney
Jackson - Conkling, Welch
Pepper - Conkling, Welch
Rich - Conkling, Maloney
Speck - Conkling, Harry

Thereupon, ballots were again distributed, tellers were again appointed and the ballots tallied with the following result: Betsy Welch was appointed as a Citizen Member to the Alexandria Consumer Affairs Commission. The voting was as follows:

Ticer - Welch
Cleveland - Harry
Donley - Maloney
Jackson - Welch
Pepper - Welch
Rich - Maloney
Speck - Welch
(The following persons were recommended for appointment to the above Council:)

1 Hospital Administration Member
Designated by Jefferson Hospital

Barbara Staiger Jefferson Hospital
(Residency Waiver Required)

1 Emergency Room Physician
Michael Shuster* Jefferson Hospital
(Residency Waiver Required)

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 35; 11/12/91, and is incorporated herewith as part of this record by reference.)





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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council waived the Residency Requirement and appointed Barbara Staiger as the Hospital Administration Member Designated by Jefferson Hospital and waived the Residency Requirement and reappointed Michael Shuster as the Emergency Room Physician Designated by Jefferson Hospital to the Alexandria Emergency Medical Services Council. The voting was as follows:

Ticer - Staiger, Shuster
Cleveland - Staiger, Shuster
Donley - Staiger, Shuster
Jackson - Staiger, Shuster
Pepper - Staiger, Shuster
Rich - Staiger, Shuster
Speck - Staiger, Shuster
(The following persons volunteered for appointment to the above Commission:)

John Heimlich

Paul Salvucci

(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. 36; 11/12/91, 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 Paul Salvucci as a Business Representative to the Alexandria Youth Services Commission. The voting was as follows:

Ticer - Heimlich
Cleveland - Salvucci
Donley - Salvucci
Jackson - Heimlich
Pepper - Heimlich
Rich - Salvucci
Speck - Salvucci







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New Business Item No. 1: WHEREUPON, upon motion by Councilman Donley, seconded by Council Member Rich and carried unanimously, at 10:20 p.m., City Council recessed to convene an executive session, at the close of this meeting, for the purpose of:



The voting was as follows:

Donley "aye" Cleveland "aye"
Rich "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"

Before going into the executive session the City Manager made the following announcements:

New Business Item No. 2: The City Manager introduced Midrilyn Davis as the new Director of Housing.

New Business Item No. 3: The City Manager spoke to the Michael Rolband Company, Inc. proposal to redevelop the City-owned parking lot at Cameron Street and Columbus Street which has been disqualified from further consideration as a bonafide bid as it does not respond to the Request for Proposals. She requested that this be discussed at lunch on Saturday.




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Members of City Council, Mr. Pessoa, Assistant City Attorney, and Mr. Lynn, Director of Planning and Community Development, also participated in the discussion.

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, at 11:40 p.m., City Council reconvened its meeting of this date which was recessed for the purpose of conducting an executive session. The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye'

New Business Item No. 4: WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution relating to the Executive Session. The voting was as follows:

Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The resolution reads as follows:

WHEREAS, the Alexandria City Council has this 12th day of November 1991, adjourned 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 the City Council does hereby certify that, to the best of each member's knowledge, only public business matters which were identified in the motion by which the executive session was convened, and which 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.

27. Consideration of Amending the Zoning Code for Shortening the Five-Year Amortization for Rooming Houses and Boarding Houses.

After the Executive Session, City Council took the following action on the above item:

WHEREUPON, upon motion by Councilman Jackson, seconded by Council Member Rich and carried unanimously, City Council approved a text amendment to amend Section 7-6-17 of the Code to change the date by which non-conforming rooming and boarding houses must obtain a special use permit from December 12, 1992, to the most feasible earlier date. The voting was as follows:

Jackson "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Speck "aye"



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[See page 13 of these proceedings for the Exhibit and general consensus of Council when Item No. 23 was originally read.]

New Business Item No. 5: WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried unanimously, City Council accepted the settlement reached by the plaintiff and the City in Vann v. Taylor, civil action 91-0482-A, pending in the U. S. District Court for the Eastern District of Virginia. Pursuant to this settlement, plaintiff will dismiss the suit in return for a payment of $67,500 from the City. The voting was as follows:

Jackson "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

New Business Item No. 6: With respect to Docket Item No. 23, the Police Bill of Rights, the City Council took the following action:

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Jackson and carried on a vote of 6-to-1, City Council reconsidered the item and took it off the table. The voting was as follows:

Rich "aye" Cleveland "no"
Jackson "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Speck "aye"

THEREUPON, upon motion by Council Member Rich, seconded by Councilman Jackson and carried on a vote of 6-to-1, City Council deferred the matter to this Saturday Public Hearing; requested the staff to notify those people who were notified earlier, including the National League of Cities Representative Frank Shafroth, and also Mike Liebig. The voting was as follows:

Rich "aye" Cleveland "no"
Jackson "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Speck "aye"







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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Councilman Jackson and carried unanimously, at 11:45 p.m., the Regular Meeting of November 12, 1991, was adjourned. The voting was as follows:

Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"



ATTEST:


____________________________
Beverly I. Jett, CMC City Clerk







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This docket is subject to change.

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