Regular Meeting
Tuesday, September 14, 1993 - - 7:30 pm
* * * * *
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; Mrs. Godwin, Acting Director of Management and Budget; Mr. Cyphers, Director of Human Services; Ms. Boyd, Director of Citizen Assistance; Mr. Brannan, Assistant City Manager; Mr. Schott, Director of General Services; Mr. Garrity, Intergovernmental Relations Coordinator; Fire Chief Hawkins; Police Chief Samarra; Chief Fire Marshal Conner; Mr. Cyphers, Director of Human Services; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Reichler, Special Assistant to the City Manager; Mr. McMahon, Deputy Director of General Services; Judge Rideout, Juvenile and Domestic Relations District Court; Mr. Radauskas, Director of Code Enforcement; Mr. Powers, Director of Economic Opportunities; Sergeant Clancey and Lieutenant Robbins, 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 Major Oliver Michaels, Commanding Officer of The Salvation Army.
3. THERE BEING NO DISCUSSION, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously, City Council approved the minutes of (a) the Public Hearing Meeting of June 12, 1993; (b) the Regular Meeting of June 22, 1993; and (c) the Special Meeting of June 30, 1993, as submitted. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Pepper "aye" Rich "aye"
Speck "aye"
1
4. THERE BEING NO DISCUSSION, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously, City Council received the report of the City Clerk dated September 8, 1993, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/14/93, and is incorporated herewith as part of this record by reference. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Pepper "aye" Rich "aye"
Speck "aye"
5. Consideration of a Proclamation Recognizing the King Street Metro Enterprise Team's (KSMET) Alexandria Discovery Festival to be held on October 9-10, 1993. (Mayor Ticer and Councilman Speck)
(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; 9/14/93, and is incorporated herewith as part of this record by reference.)
(Mayor. Ticer presented the proclamation.)
WHEREUPON, upon motion simultaneously made by Vice Mayor Cleveland and Councilman Speck, seconded simultaneously by Councilman Donley and Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Pepper "aye"
Speck "aye" Ticer "aye"
Donley "aye" Jackson "aye"
Rich "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 6 - 11; 17 - 29; 47
WITHOUT OBJECTION, City Council removed Docket Item No. 11 from the Consent Calendar.
6. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(a) Alexandria-Caen Exchange Committee
Jane Moody Rachal
Maria S. Spurrell
(b) Alexandria-Leninakan Exchange Committee
Lorna LaBelle
(c) Alexandria Budget and Fiscal Affairs Advisory Committee
V. Rodger Digilio
Norman Draper
Stephen J. Kenealy
(d) Alexandria Commission on Aging
Mara Benner
(e) Alexandria Convention and Visitors Bureau
Board of Directors
Mary K. Flanagan
(f) Alexandria Economic Opportunities Commission
La Fonte Nesbitt
2
(g) Historic Alexandria Resources Commission
Barbara B. Ballentine
(h) Alexandria Human Rights Commission
Paul Allison
Jennifer Fontaine
(i) Alexandria Landlord-Tenant Relations Board
Michael Ahern
(j) Alexandria Public Health Advisory Commission
Emily M. Brown
(k) Alexandria Task Force on AIDS
Wendy Harper
Lewis N. Naylor
(1) Alexandria Youth Services Commission
Paul Salvucci
(Copies of the above resignations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 6 (a-l); 9/14/93, and are incorporated herewith as part of this record by reference.)
7. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria-Caen Exchange Committee
1 Representative from the Public Schools in the City of
Alexandria
(b) Alexandria-Leninakan Exchange Committee
1 Citizen Member
(c) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Member Designated by Council Member Rich
1 Member Designated by Councilman Speck
1 Member Designated by the Alexandria School Board
(d) Alexandria Commission on Aging
1 Citizen Member
(e) Alexandria Commission on Persons With Disabilities
1 Citizen Member
(f) Alexandria Emergency Medical Services Council
1 Representative from the Alexandria Medical Society
(g) Alexandria Environmental Policy Commission
1 High School Student Member
1 Member from the Field of Ecology
(h) Historic Alexandria Resources Commission
1 Representative from the Alexandria Public Records Advisory
Commission
1 Representative from the Northern Virginia Fine Arts Association
3
(i) Alexandria Human Rights Commission
1 Representative from the Alexandria Commission on Aging
1 Citizen Member
(j) Alexandria Public Records Advisory Commission
1 Citizen Member
(k) Alexandria Task Force on AIDS
1 Representative from the Alexandria Chapter of the American
Red Cross
1 Representative from the Alexandria Public Health Advisory
Commission
(l) Alexandria Waterfront Committee
1 Citizen-at-Large Who Resides West of Washington Street
1 Representative from the Old Town Civic Association
(m) Alexandria Youth Services Commission
1 Professional Member
(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. 7 (a-m); 9/14/93, and is incorporated herewith as part of this record by reference.)
8. Presentation of Viewers' Report on a Request for Vacation of a Public Alley Right-of-way located at 228 East Monroe Avenue and Authorization to the City Attorney to Prepare the Necessary Ordinance. (#19 6/12/93)
(A copy of the Viewers' Report dated July 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/14/93, and is incorporated herewith as part of this record by reference.)
9. Consideration of Application to the United States Department of Justice, National Institute of Corrections, for Funds to Designate the Alexandria Detention Center as a Resource Center for Jail and Mental Health Service Linkages.
(A copy of the City Manager's memorandum dated September 3, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/14/93, and is incorporated herewith as part of this record by reference.)
10. Consideration of Transportation Service Agreement Between the City and the Washington Metropolitan Area Transit Authority for FY 1994.
(A copy of the City Manager's memorandum dated September 3, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/14/93, and is incorporated herewith as part of this record by reference.)
4
17. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Amend the City's Regulations Governing the Towing, by the City, of Abandoned, Inoperable and Illegally Parked Motor Vehicles to Bring the Regulations into Conformity with Recent Amendments to the Virginia Code.
(A copy of the City Manager's memorandum dated September 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/14/93, and is incorporated herewith as part of this record by reference.
A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 9/14/93, 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. 3 of Item No. 17; 9/14/93, and is incorporated herewith as part of this record by reference.)
18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Reduce, from Ten to Five, the Number of Residential Rental Units that Triggers the Requirement that the Units be Covered by a Residential Rental Permit.
(A copy of the City Manager's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/14/93, and is incorporated herewith as part of this record by reference.
A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 9/14/93, 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. 3 of Item No. 18; 9/14/93, and is incorporated herewith as part of this record by reference.)
19. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Amend the City's Regulations Governing Parking in Residential Permit Parking Districts in the Old Town Area to Implement the Changes Approved by City Council in June 1993.
(A copy of the City Manager's memorandum dated September 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/14/93, and is incorporated herewith as part of this record by reference.
A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 9/14/93, 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. 3 of Item No. 19; 9/14/93, and is incorporated herewith as part of this record by reference.)
5
20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Incorporate by Reference into the City Code the Provisions of Virginia Code Section 46.2-371. Relating to the Provision of Notice of Traffic Accidents, and Section 46.2-301, Relating to Driving on a Suspended or Revoked License, and to Adopt the Amendments Made During the 1993 General Assembly Session to Those Sections of the Virginia Motor Vehicle Code (Virginia Code, Title 46.2) which the City has Previously Adopted by Incorporation into the City Code.
(A copy of the City Attorney's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/14/93, and is incorporated herewith as part of this record by reference.
A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 9/14/93, 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. 3 of Item No. 20; 9/14/93, and is incorporated herewith as part of this record by reference.)
21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Add a Provision to the City Code Providing for the City's Automatic Adoption of Amendments Enacted by the General Assembly to Sections of the General Law which the City has Previously Enacted by Incorporation into the City Code.
(A copy of the City Attorney's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/14/93, and is incorporated herewith as part of this record by reference.
A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 9/14/93, 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. 3 of Item No. 21; 9/14/93, and is incorporated herewith as part of this record by reference.)
22. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Revise Title 5, Chapter 6 of the City Code which Governs Discharges into the City's Sewer System and into the Wastewater Treatment Facility Operated by the Alexandria Sanitation Authority.
(A copy of the City Attorney's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/14/93, and is incorporated herewith as part of this record by reference.
6
A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 9/14/93, 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. 3 of Item No. 22; 9/14/93, and is incorporated herewith as part of this record by reference.)
23. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Vacate a Public Alley Right-of-Way Adjacent to the Property at 228 E. Monroe Street.
(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. 23; 9/14/93, 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. 23; 9/14/93, and is incorporated herewith as part of this record by reference.)
24 . Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Extend the Boundaries of the Old and Historic Alexandria District 100 Feet South of Duke Street, Between Henry and West Streets.
(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. 24; 9/14/93, 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. 24; 9/14/93, 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 Rezone the Properties at 6121 and 6137 Lincolnia Road, from OCM (50) to OCM (100).
(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. 25; 9/14/93, 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; 9/14/93, and is incorporated herewith as part of this record by reference.)
7
26. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Rezone the Property at 101 South Whiting Street, from CRMU-M to CRMU-H.
(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. 26; 9/14/93, 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; 9/14/93, and is incorporated herewith as part of this record by reference.)
27. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Rezone the Property at 270 South Reynolds Street, from CSL to POS.
(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. 27; 9/14/93, 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. 27; 9/14/93, and is incorporated herewith as part of this record by reference.)
28. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Authorize the Conveyance of the Alexandria Academy, Located at South Washington and Wolfe Streets, to the Historic Alexandria Foundation, Inc.
(A copy of the City Manager's memorandum dated September 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 9/14/93, and is incorporated herewith as part of this record by reference.
A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 9/14/93, 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. 3 of Item No. 28; 9/14/93, 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 Provide Supplemental Appropriations of Amounts Required to Defray Certain Expenditures and Liabilities of the City's Department of Mental Health, Mental Retardation and Substance Abuse in Fiscal Year 1994.
(A copy of the City Manager's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 9/14/93, and is incorporated herewith as part of this record by reference.
8
A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 9/14/93, 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. 3 of Item No. 29; 9/14/93, and is incorporated herewith as part of this record by reference.)
47. Receipt of the Annual Report on Committee Attendance for Fiscal Year 1993.
(A copy of the City Manager's memorandum dated August 31, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 47; 9/14/93, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item No. 11, which was considered under separate motion. The City Manager's recommendations are as follows:
6. City Council received the following resignations with regret: (a) Jane Moody Rachal and Maria S. Spurrell from the Alexandria-Caen Exchange Committee; (b) Lorna LaBelle from the Alexandria-Leninakan Exchange Committee; (c) V. Rodger Digilio, Norman Draper, and Stephen J. Kenealy from the Alexandria Budget and Fiscal Affairs Advisory Committee; (d) Mara Benner from the Alexandria Commission on Aging; (e) Mary K. Flanagan from the Alexandria Convention and Visitors Bureau Board of Directors; (f) La Fonte Nesbitt from the Alexandria Economic Opportunities Commission; (g) Barbara B. Ballentine from the Historic Alexandria Resources Commission; (h) Paul Allison and Jennifer Fontaine from the Alexandria Human Rights Commission; (i) Michael Ahern from the Alexandria Landlord-Tenant Relations Board; (j) Emily M. Brown from the Alexandria Public Health Advisory Commission; (k) Wendy Harper and Lewis N. Naylor from the Alexandria Task Force on AIDS; and (1) Paul Salvucci from the Alexandria Youth Services Commission; and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
7. City Council (a) reappointed Jacqueline Manley as a Representative from the Public Schools in the City of Alexandria to the Alexandria-Caen Exchange Committee; (b) appointed Nancy Jenkins as a Citizen Member to the Alexandria-Leninakan Exchange Committee; (c) appointed Reginald Foster as a Member Designated by Council Member Rich, Andrew Anderson as a Member Designated by Councilman Speck and Gene Lange as a Member Designated by the Alexandria School Board to the Alexandria Budget and Fiscal Affairs Advisory Committee; (d) appointed Marie Infante as a Citizen Member to the Alexandria Commission on Aging; (e) appointed Catherine Corp as a Citizen Member to the Alexandria Commission on Persons with Disabilities; (f) reappointed James Brayshaw as a Representative from the Alexandria Medical Society to the Alexandria Emergency Medical Services Council; (g) appointed Susan Bernabucci as a High School Student Member and reappointed David Soltis as a Member from the Field of Ecology to the Alexandria Environmental Policy Commission; (h) reappointed Ruth Kay as a Representative from the Alexandria Public Records Advisory Commission and William Anderson as a Representative from the Northern Virginia Fine Arts Association to the Historical Alexandria Resources Commission; (i) appointed Justine Rowe as
9
a Representative from the Alexandria Human Rights Commission and Richard Reno as a Citizen Member to the Alexandria Human Rights Commission; (j) reappointed Patrick Borders as a Citizen Member to the Alexandria Public Records Advisory Commission; (k) appointed Jorge Diaz as a Representative from the Alexandria Chapter of the American Red Cross and Helen Donovan as a Representative from the Alexandria Public Health Advisory Commission to the Alexandria Task Force on Aids; (1) appointed Myra Halpin as a Citizen-at-Large Who Resides West of Washington Street and Linda Bridgman as a Representative from the Old Town Civic Association to the Alexandria Waterfront Committee; and (m) appointed Susan Lavington as a Professional Member to the Alexandria Youth Services Commission.
8. City Council received the Viewers' report and authorized the City Attorney to prepare the necessary ordinance.
9. City Council authorized the City Manager to: (1) submit a grant application to the United States Department of Justice, National Institute of Corrections, for funding, in the amount of $35, 000, to designate the Alexandria Detention Center as a Resource Center for Jail Mental Health and (2) execute all necessary documents that may be required.
10. City Council authorized the City Manager to sign the FY 1994 Transportation Service Agreement between the City and WMATA.
17. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
18. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
19. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
20. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
21. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
22. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
23. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
24. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
25. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
26. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
10
27. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
28. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
29. City Council introduced the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993.
47. City Council received the report; vacated the positions listed on page three of the report; and authorized the Executive Secretary for Boards and Commissions to advertise the vacancies.
END OF CONSENT CALENDAR
The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
11. Consideration of Listing of Delinquent 1992 Real Estate Taxes as of June 30, 1993.
(A copy of the City Manager's memorandum dated September 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/14/93, and is incorporated herewith as part of this record by reference.)
(General Discussion. Mayor Ticer asked Mr. Neckel, Director of Finance, to give Council a status report on this issue. Mr. Neckel indicated that those persons who have paid since June 30, 1993, would be removed from the list before it is published.
Members of City Council participated in the discussion. Mr. Gitajn, Director of Financial and Information Services, participated in the discussion.
Council suggested that the requirement to require publication of this list should be explored and be part of the legislative package to see if the requirement can be removed.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Council Member Rich and Councilman Jackson and carried on a vote of 6-to-0, City Council received the listing of delinquent 1992 real estate taxes as of June 30, 1993, and requested City staff to publish the listing, adjusted for any payments received before publication, in a newspaper having general circulation in the City. The voting was as follows:
Pepper "aye" Ticer "aye"
Rich "aye" Cleveland out of room
Jackson "aye" Donley "aye"
Speck "aye"
11
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
New Business Item No. 1: The City Manager introduced five of the eight students who were here this summer as part of a seventh and eighth grade exploring tomorrow's class where they have gone to the hospital, the City, to the Washington Post thinking at an early age about what they may want to do when they grow up. The teacher, Kim Wilson, was also introduced.
12. Consideration of Request to Approve the Discovery Festival Sponsored by the King Street Metro Enterprise Team (KSMET) (Mayor Ticer and Councilman Speck)
(A copy of the City Manager's memorandum dated September 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/14/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Discovery Festival sponsored by the King Street Metro Enterprise Team (KSMET) as an annual event. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
13. Consideration of a Request to Permit the Sale and Consumption of Alcohol at Hensley Park for the Nova Pride, Inc. Festival Scheduled for October 10, from 12:00 p.m. to 7:00 p.m., and Establishing Hensley Park as an Appropriate City Site for the Sale and Consumption of Alcohol with a City Permit.
(A copy of the City Manager's memorandum dated August 27, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/14/93, and is incorporated herewith as part of this record by reference.)
(General Discussion. Members of City Council and Mr. Kauffman, Director of Recreation, Parks and Cultural Activities, participated in the discussion of this item.
Councilman Donley suggested that this site might be used for some of the events that are held in Old Town as there is ample parking and plenty of open space. He suggested that some of the races that are held in the City should also be held on Eisenhower Avenue in Eisenhower Valley.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council (1) approved the sale and consumption of alcohol at Hensley Park for the Nova Pride, Inc. Festival scheduled for October 10, from 12:00 p.m. to 7:00 p.m.; and (2) established Hensley Park as an approved City site for the sale and consumption of alcohol. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"
12
14. Consideration of Application to the United States Department of Health and Human Services for a Family Violence Protection Project for the Office on Women.
(A copy of the City Manager's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/14/93, 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 decided to exceed its budget cap on the number of full-time City positions. Approved this request which will increase the number of full-time grant-funded City positions by one FTE position (Outreach/Prevention Specialist) for a period of one year. This person would work with the Office on Women to provide the services proposed under this grant proposal. This grant-funded position would terminate upon the expiration of the grant and the individual who is to fill this position would be notified of this condition of employment. City Council (1) approved the submission of the grant application in the amount of $34,766; (2) contingent upon the award of the grant, approved the establishment of the full-time position reflected above; and (3) authorized the City Manager to execute all documents that may be required. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
15. Consideration of Acceptance of Funds from the Virginia Department of Youth and Family Services and Allocation of Funds for the Outreach Detention Program.
(A copy of the City Manager's memorandum dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/14/93, 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 authorized the City Manager to: (1) receive $23,500 from the State Department of Youth and Family Services for Alexandria's portion of the Outreach Detention funding; (2) transfer $10,131 from Contingency Reserves (Account #103556) to the Court Services Unit (Account #102368) for the required cash match for the State funds for Outreach Detention; and (3) execute all necessary documents that may be required. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
16. SUP #1535-I - Public Hearing and Consideration of a Request for a Special Use Permit to Continue on the Operation and Increase the Enrollment of the Existing Private School Known as the Gesher Jewish Day School, located at 2908 Valley Drive; zoned R-8, Residential. Applicant: Gesher Inc., by Howard Kohr.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated July 6, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/14/93, and is incorporated herewith as part of this record by reference.)
13
WHEREUPON, a motion was made by Council Member Rich and seconded by Councilwoman Pepper to approve the recommendation of the Planning Commission to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and accepted the modified Condition #8 as stated by staff, and added Condition #11.
(General Discussion. Councilman Speck asked questions of Mr. Lynn, Director of Planning and Community Development, and Mr. Labowitz, attorney representing the applicant.
Councilman Speck offered a friendly amendment that the special use permit shall be granted until January 30, 1994, with no renewal; which was accepted by the maker and seconder of the main motion.)
WHEREUPON, Council returned to the main motion made by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, as amended, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #8 which was previously modified, which Condition #8 now reads as follows: "8. The special use permit shall be granted until January 30, 1994, with no renewal.", and added Condition #11. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilwoman Pepper noted that Sheriff James Dunning was officially sworn in as president of the Virginia State Sheriff's Association this summer.
(b) Councilwoman Pepper also noted that the Sheriff's Office was awarded the Triple Crown Award by the National Sheriff's Association. It is an award that is given to a Sheriff's Office that receives simultaneously accreditation from all of the three major accreditation programs.
(c) Councilman Speck requested the status of report on newspaper boxes.
The City Attorney stated that a meeting is scheduled this month with six or seven newspapers. He indicated that they will come out of that meeting hopefully with one or two things, either some kind of proposal or a process to get to a proposal to come back to Council. He indicated a report probably will be back on September 28, if not, then the first meeting in October.
(d) Councilman Speck requested the status of the issue of the 1700 block of Russell Road.
Mr. O'Kane, Director of Transportation and Environmental Services, indicated that the Police Department and his department have met on several occasions to discuss the background of accidents and speeding that are occurring in that area. He indicated that they are putting together a report with a number of recommendations. He stated that he believed that a couple have been implemented, like radar enforcement, signs, and possibly some flashing lights in the future. A report will be back to Council on September 28.
14
(e) Councilman Speck spoke to issues relating to code enforcement. He indicated that the pile of dirt at the corner of Mt. Vernon and Braddock, a number of issues in Lynhaven that have been plaguing that area, as well as a number of issues in his own neighborhood that have been worked on. He specifically acknowledged the efforts of Chief Fire Marshal Mike Conner, as well as all of the staff involved, for some real diligence in birddogging some of those issues.
(f) Councilman Donley spoke to the report in June on youth violence. One of the recommendations was regarding community service for students who are primarily in high school and the junior highs as well. He called to Council's attention a project which is being grant-funded at Hammond where one of their teams will be traveling on a quarterly basis to four community-service projects that are part of their curriculum. They will spend the first phase opening mail for President Clinton at the White House. The second phase is volunteer service in a nursing home. The third phase is volunteer service at Alexandria Hospital. The fourth phase is volunteer service at Carpenter's Shelter.
(g) Councilman Donley spoke to the issue which was discussed previously with respect to the parking in fire lanes at Seminary Plaza. He indicated staff was able to get some signs posted indicating no parking or standing in the fire lanes. He had one small request in addition to the signs that we have presently posted that there be a sign installed in front of the bank machine which is the major problem.
(h) Councilman Donley announced that the Northern Virginia Heart Association, Alexandria Chapter, is sponsoring a heart walk on October 2. They are going to walk ten kilometers on the W&OD bike trail. Registration is from 8:00 a.m. to 9:00 a.m. and the walk at 9:00 a.m. and will take about three hours. He encouraged all City employees to join a team of walkers.
(i) Mayor Ticer announced that this Saturday, September 18, 1993, there will be a clean-up of Potomac lands along the River which is sponsored by the Park Service in conjunction with the Alexandria Volunteer Bureau. There is an opportunity for volunteers this Saturday from 9:00 a.m. to noon. The location in Alexandria is Jones Point Park. There are two other clean-up sites located at Bellehaven and Dyke Marsh, and the third is Theodore Roosevelt Island. For more information please call the Alexandria Bureau at 836-2176.
(j) Vice Mayor Cleveland indicated that he likes the idea of making telephone numbers for Council to call without writing letters. He indicated that the striped line installed by staff on Aspen Hill has made it a lot safer to travel and negotiating Aspen Hill.
(k) Vice Mayor Cleveland spoke to a letter received from the Volunteer Fire Department with respect to its space. He is in support of it for keeping its space. They have volunteered their time and deserve its space.
The City Manager indicated that the Volunteer Fire Department has become an integral part of the City's Fire Department. She stated with regard to space allocation, she is meeting tomorrow with Chief Hawkins and Volunteer president Jay Johnson. She indicated that there has been no displacement of space. She indicated that she is sure that they will come up with an agreement that will satisfactory with everybody. The City Manager will report back to Council.
(l) Council Member Rich announced that the Alexandrians for an Elected School Board is having a meeting at Westminster Presbyterian Church at 8:00 p.m. Any interested citizens are more than welcome to attend.
15
ORDINANCES AND RESOLUTIONS (continued)
30. Introduction and First Reading. Consideration. Passage on First Reading and Second Reading of AN ORDINANCE Adopting Supplement 37 to The Code of the City of Alexandria, 1981, as Amended. (ROLL-CALL VOTE)
The City Clerk read the docket item.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council introduced and passed the Ordinance on First and Second Readings. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3655
AN ORDINANCE adopting supplemental pages for The Code of the City of Alexandria, Virginia, 1981, as amended, and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the sections and portions thereof set forth in the supplemental and replacement pages for The Code of the City of Alexandria, Virginia, 1981, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 37," are hereby adopted as and shall constitute "The Thirty-Seventh Supplement to The Code of the City of Alexandria, Virginia, 1981."
Section 2. That the sections and portions thereof set forth in "The Thirty-Seventh Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be in force and effect on and after the effective date of this ordinance, and all ordinances of a general and permanent nature which were adopted between October 17, 1992, and May 15, 1993, and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, are hereby repealed, except as otherwise provided in section 3 of this ordinance.
Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any ordinance saved from repeal by Ordinance No. 1250; nor shall it affect any ordinance listed in appendices A through J, both inclusive, of The Code of the City of Alexandria, Virginia, 1981, or any pages supplemental to such appendices; nor shall it affect any provision of any ordinance adopted between October 17, 1992, and May 15, 1993, which is inadvertently omitted from or erroneously incorporated into The "Thirty-Seventh Supplement to The Code of the City of Alexandria, Virginia, 1981" or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.
16
Section 4. That one complete set of pages comprising "The Thirty-Seventh Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to desiring to inspect the same. In addition, one complete set of the supplemental and replacement pages of such supplement shall be properly inserted into the copy of The Code of the City of Alexandria, Virginia, 1981, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.
Section 5. This ordinance shall become effective upon the date and at the time of its final passage.
Introduction: September 14, 1993
First Reading: September 14, 1993
Second Reading: September 14, 1993
Final Passage: September 14, 1993
31. (a) Consideration of a RESOLUTION (i) Authorizing and Ratifyihg the Submission of a Rezoning Application to the Town of Warrenton, Virginia, for the Property Known as the District Nursing Home in Warrenton and the Submission of a Proffer in Conjunction with Said Rezoning Application, (ii) Approving a Contract of Sale for the District Home Property to Jacquelyn T. Murri or Her Assigns, and (iii) Authorizing the City Manager to Execute the Proffer, the Contract of Sale, and All Other Necessary Documents on Behalf of the City. (ROLL-CAL VOTE)
(A copy of the City Manager's memorandum dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31 (a-b); 9/14/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution authorizing and ratifying the submission to the Town of Warrenton of an application for the rezoning of the Warrenton Property from Public/Semi-Public to Central Business District, along with a proffer that at least 27 parking spaces will be maintained on the Warrenton Property (Exhibit A), and authorizing the city manager to execute, on behalf of the City of Alexandria, all documents necessary and proper for the submission of the application and the proffer; and (ii) approving a proposed contract for the sale of the Warrenton Property to Jacquelyn T. Murri or her assigns (Exhibit B), and authorizing the city manager to execute the contract on behalf of the City of Alexandria. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
17
RESOLUTION NO. 1656
WHEREAS, the City of Alexandria and the Counties of Fairfax, Fauquier, Loudoun and Prince William hold title, as tenants in common, to the property known as the District Nursing Home in Warrenton, Virginia (the "Property"); and
WHEREAS, in order to facilitate the sale of the Property, an application to rezone the Property from "public/semi-public" to "central business district" has been submitted to the Town of Warrenton, which rezoning (the "Rezoning") is conditioned upon a proffer that at least 27 parking spaces will be maintained on the Property (the "Proffer") (attached hereto as Exhibit A); and
WHEREAS, a contract for the sale of the Property from the above-identified local jurisdictions to Jacquelyn T. Murri or her assigns, for the acquisition price of $400,000, has been proposed (the "Contract of Sale") (attached hereto as Exhibit B); and
WHEREAS, the city council has determined that the Rezoning of the Property and the submission of the Proffer will facilitate the sale of the Property, that it is in the best interest of the City of Alexandria that the Property be sold, and that the proposed Contract of Sale should be approved and executed;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF ALEXANDRIA
1. That the submission, by the City of Alexandria, of the Rezoning application and the Proffer to the Town of Warrenton shall be and hereby are authorized and ratified, and further that the Contract of Sale shall be and hereby is approved;
2. That the city manager shall be and hereby is authorized to execute, on behalf of the City of Alexandria, the Proffer, the Contract of Sale, and any additional documents she deems necessary to accomplish the Rezoning, the Proffer, and the sale of the Property, and to perform, on behalf of the City of Alexandria, all other acts which she deems necessary to accomplish the Rezoning, Proffer and the sale of the Property.
attachments: Exhibits A and B
18
WARRENTON DISTRICT HOME PROFFERS
(PIN #6984-33-575I-OOO)
Prepared for the
CITY OF ALEXANDRIA
COUNTY OF FAIRFAX
COUNTY OF FAQUIER
COUNTY OF LOUDOUN
COUNTY OF PRINCE WILLIAM
by
THE OFFICE OF: THE FAUQUIER COUNTY ATTORNEY
40 Culpeper Street
Warrenton, Virginia 22186
(703)347-8778
19
PROFFERS: PIN # 6984-33-5751-000
CITY OP ALEXANDRIA, A Virginia Municipal Corporation; COUNTY OF FAIRFAX, A Political Subdivision of the Commonwealth of Virginia; COUNTY OF FAUQUIER, A Political Subdivision of the Commonwealth of Virginia; COUNTY OF LOUDOUN, A Political Subdivision of the Commonwealth of Virginia; and COUNTY OF PRINCE WILLIAM, A Political Subdivision of the Commonwealth of Virginia, (hereinafter "Applicant"), the sole owners of the property and applicant in the application to amend the zoning on the real property designated as PIN #6984-33-5751-000, hereby voluntarily proffer in the event that the subject property is rezoned to Central Business Disrict Zoning ("CBD”) in general accordance with the uses and densities set forth in the rezoning application dated March 4, 1993, that the development of the property shall be in substantial conformance with the following conditions pursuant to Virginia Code Section 15.1-491.2 or the Code of Virginia 1950, as Amended, and Section 30-9 of the Zoning Ordinance of the Town of Warrentown, Virginia. This proferred condition is the only one offered in this rezoning, and prior proffers, if any, are hereby declared void and of no effect provided that this proffer shall become effective only upon final approval of rezoning request PIN 6984-33-5951-000 hereby submitted by the Applicant.
(1) The Applicant will provide a minimum of twenty-seven (27) on-site parking spaces of which at least two (2) parking spaces shall be reserved for the handicapped and disabled. The exact on-site location of the parking spaces shall be designated by the Applicant at the time of the issuance of the initial zoning approval necessary for the use of the property under the zoning requested by the Applicant.
20
This proffer shall be binding upon the successors and assigns of the Applicant.
The undersigned have attached a certified copy of the resolution from their respective governing body authorizing the execution of this proffer.
21
CITY OF ALEXANDRIA, APPROVED AS TO FORM:
A Virginia Municipal Corporation
BY: ___________________ BY:_____________________
City Attorney
22
COUNTY OF FAIRFAX, APPROVED AS TO FORM:
A Political Subdivision of
the Commonwealth of Virginia
BY: ______________________ BY: ___________________
County Attorney
23
COUNTY OF FAUQUIER, APPROVED AS TO FORM:
A Political Subdivision of
the Commonwealth of Virginia
BY:___________________ BY: _________________
County Attorney
24
COUNTY OF LOUDOUN. APPROVED AS TO FORM:
A Political Subdivision of
the Commonwealth of Virginia
BY: _______________________ BY: __________________
County Attorney
25
COUNTY OF PRINCE WILLIAM, APPROVED AS TO FORM:
A Political Subdivision of
the Commonwealth of Virginia
BY: __________________________ BY: __________________
County Attorney
26
[SALES CONTRACT, PAGES 27-3027
28
29
30
[ADDENDUM/AMENDMENT]31
(b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to Authorize the Conveyance of the City's Interest in the Property Known as the District Nursing Home, Located in Warrenton, Virginia, to Jacquelyn T. Murri or Her Assigns.
NOTE: Ordinance and Informal Summary are included in Exhibit No. 1 of this item.
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council introduced the ordinance and set it for Public Hearing, Second Reading and Final Passage on Saturday, September 18, 1993. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
32. Consideration of Application and Resolution to the Virginia Department of Transportation for Funds to Partially Pay for Two Electric Powered Vehicles. (ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 9/14/93, and is incorporated herewith as part of this record by reference.)
(General Discussion. Vice Mayor Cleveland and Councilwoman Pepper asked questions of Mr. Schott, Director of General Services.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council authorized the Manager to (1) submit a grant application and adopted resolution in support of this project to the Virginia Department of Transportation for funding in the amount of $40,000 to fund a project that will introduce two electric powered vehicles into the City's fleet; and (2) execute all necessary documents that may be required. The voting was as follows:
Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
WHEREAS, the 1992 General Assembly enacted legislation creating the Virginia Alternative Fuels Revolving Fund to encourage the use of alternative fuels in vehicles owned by the State and local governments; and
WHEREAS, the City Council on February 12, 1991, established the Alternative Fuels Task Force for the purpose of recommending air quality improvement options to be accomplished by replacing gasoline as a motor fuel in City vehicles; and
WHEREAS, the Alternative Fuels Task Force has recommended that electricity is an alternative fuel that meets a high quality standard, is usable within available technology, and can be supplied locally;
32
BE IT FINALLY RESOLVED that the Alexandria City Council does hereby apply for a matching grant for the purchase of two electric vehicles to operate in the Parking Enforcement Unit;
BE IT FINALLY RESOLVED that the Alexandria City Council commits to reducing air pollutants from vehicle emissions through the operation of its own fleet through the example and assistance provided to Alexandria's private sector.
33. Consideration of a Resolution for Improving Road Access at Landmark Shopping Center and Duke Street. (ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 9/14/93, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilwoman Pepper asked questions of Mr. O'Kane, Director of Transportation and Environmental Services.)
WHEREUPON, upon motion by Councilwoman Pepper seconded by Council Member Rich and carried unanimously, City Council adopted the resolution from the Virginia Department of Transportation (VDOT) that endorses funding the City's share of the construction of the widening of eastbound Duke Street at Walker Avenue to provide a dedicated left turn lane to the Landmark flyover as part of the VDOT FY 1994 Minor Construction Program. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1658
DUKE STREET AT WALKER STREET
INTERSECTION AND SIGNALIZATION PROGRAM
PROJECT PROGRAMMING RESOLUTION
WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by council resolution be made in order that the Department program an urban highway project in the City of Alexandria;
NOW, THEREFORE, BE IT RESOLVED, that the council of the City of Alexandria, Virginia, request the Virginia Department of Transportation to establish an urban system highway project for the completion of intersection and signalization improvements at Duke Street and Walker Street for better access to the Landmark Flyover bridge.
BE IT FURTHER RESOLVED, that the council of the City of Alexandria hereby agrees to pay its share (2%) of the total cost for engineering and construction of this project in accordance with section 33.1-44 of the Code of Virginia.
3 3
OTHER
(A copy of the City Manager's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 9/14/93, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Speck brought up the issue of the Wednesday City Council informal work session. The Members of City Council participated in the discussion. It was decided to revisit this issue at a later time.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried unanimously, City Council adopted, as amended, the calendar of City Council meetings for September, 1993 - June, 1994; and (2) scheduled the presentation of the Alexandria Historical Society annual history award and reception at 7:00 p.m., instead of 6:00 p.m., in Room 2000 before the Tuesday, November 9 City Council meeting. The voting was as follows:
Jackson "aye" Cleveland "aye"
Pepper "aye Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
CONTESTED APPOINTMENTS
35. Alexandria-Caen Exchange Committee
(The following persons volunteered for appointment to the above Committee:
John Johnston
Thomas Rhodes
(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; 9/14/93, 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 Thomas Rhodes as a Citizen-at-Large to the Alexandria-Caen Exchange Committee. The voting was as follows:
Ticer - Rhodes
Cleveland - Johnston
Donley - Rhodes
Jackson - Rhodes
Pepper - Rhodes
Rich - Rhodes
34
36. Alexandria Commission on Employment
1 Local Business Representative
(The following person volunteered for appointment to the above Commission:
NAME ENDORSED BY:
Edward Schroer*
*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. 36; 9/14/93, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and appointed Edward Schroer as a Local Business Representative to the Alexandria Commission on Employment. The voting was as follows:
Ticer - Schroer
Cleveland - Schroer
Donley - Schroer
Jackson - Schroer
Pepper - Schroer
Rich - Schroer
Speck - Schroer
37. Alexandria Convention and Visitors Bureau Board of Directors
1 Old Town Business Association Member
(The following person was recommended for appointment to the above Bureau:
NAME ENDORSED BY:
Jerry Vernon*
(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. 37; 9/14/93, 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 Jerry Vernon as the Old Town Business Association Member to the Alexandria Convention and Visitors Bureau Board of Directors. The voting was as follows:
Ticer - Vernon
Cleveland - Vernon
Donley - Vernon
Jackson - Vernon
Pepper - Vernon
Rich - Vernon
Speck - Vernon
35
38. Alexandria Medical Services Council
The Fire Chief of the City of Alexandria
(The following person was recommended for appointment to the above Council:)
NAME ENDORSED BY:
Thomas Hawkins*
*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. 38; 9/14/93, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and appointed Thomas Hawkins, the Fire Chief of the City of Alexandria to the Alexandria Emergency Medical Services Council. The voting was as follows:
Ticer - Hawkins
Cleveland - Hawkins
Donley - Hawkins
Jackson - Hawkins
Pepper - Hawkins
Rich - Hawkins
Speck - Hawkins
39. Alexandria George Washington Birthday Celebration Committee
The Director of the Transportation Division of the Department of Transportation and Environmental Services
1 Member Nominated by the Friendship Veterans
(The following persons were recommended for appointment to the above Committee:)
NAME ENDORSED BY:
The Director of the Transportation Division
of the Department of Transportation
and Environmental Services
George Jivatode*
1 Member Nominated by the Friendship Veterans
Fire Engine Association
Edward Snyder* Friendship Veterans Fire
Engine Assn.
*Residency Waiver Required
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 39; 9/14/93, and is incorporated herewith as part of this record by reference.)
36
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council waived the residency requirements and appointed George Jivatode as the Director of the Transportation Division of the Department of Transportation and Environmental Services and Edward Snyder as a Member Nominated by the Friendship Veterans Fire Engine Association to the Alexandria George Washington Birthday Celebration Committee. The voting was as follows:
Ticer - Jivatode, Snyder
Cleveland - Jivatode, Snyder
Donley - Jivatode, Snyder
Jackson - Jivatode, Snyder
Pepper - Jivatode, Snyder
Rich - Jivatode, Snyder
Speck - Jivatode, Snyder
40. Alexandria Industrial Development Authority
(The following persons volunteered for appointment to the above Authority:
Acy Bellamy
(Residency Waiver Required)
Keith Lake
Linda Michael*
Peter Pajor
(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. 40; 9/14/93, 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 Linda Michael and appointed Keith Lake as Citizen Members to the Alexandria Industrial Development Authority. The voting was as follows:
Ticer - Michael, Pajor
Cleveland - Lake, Michael
Donley - Lake, Michael
Jackson - Lake, Michael
Pepper - Lake, Pajor
Rich - Lake, Michael
Speck - Lake, Michael
37
41. Alexandria Law Library Board
(The following persons volunteered for appointment to the above Board:)
Kelly Barrett
Gary Brooks
Timothy McTaggart
Jeffrey Schanz
Christopher White
(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. 41; 9/14/93, 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: No one received a majority vote; therefore, there had to be a second balloting between Barrett and McTaggart. The voting was as follows:
Ticer - McTaggart
Cleveland - Schanz
Donley - Barrett
Jackson - Barrett
Pepper - McTaggart
Rich - McTaggart
Speck - Did not vote
(Council requested Ms. Boyd, Executive Secretary for Boards and Commissions, to report back regarding specific qualifications for this Board.)
Thereupon, ballots were again distributed, tellers were again appointed and the ballots again tallied with the following result: City Council appointed Timothy McTaggart as a Citizen Member to the Alexandria Law Library Board. The voting was as follows:
Ticer - McTaggart
Cleveland - Barrett
Donley - Barrett
Jackson - Barrett
Pepper - McTaggart
Rich - McTaggart
Speck - McTaggart
38
42. Local Emergency Planning Committee
1 Representative from the Fire Department
(The following person was recommended for appointment to the above Committee:)
NAME ENDORSED BY:
Thomas Hawkins*
*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. 42; 9/14/93, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and appointed Thomas Hawkins as a Representative from the Fire Department to the Local Emergency Planning Committee. The voting was as follows:
Ticer - Hawkins
Cleveland - Hawkins
Donley - Hawkins
Jackson - Hawkins
Pepper - Hawkins
Rich - Hawkins
Speck - Hawkins
43. Alexandria Public Health Advisory Commission
1 Health Professional Member
(The following persons volunteered for appointment to the above Commission:)
Deborah Bombard
Barbara Cebuhar
Robert Hiltz
Gina LaSasso
Fay Menacker*
Catherine Savino
(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. 43; 9/14/93, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed Fay Menacker as a Health Professional Member to the Alexandria Health Advisory Commission. The voting was as follows:
39
Ticer Menacker
Cleveland - Menacker
Donley - Menacker
Jackson - Menacker
Pepper - Menacker
Rich - Menacker
Speck - Cebuhar
44. Alexandria Redevelopment and Housing Authority
Board of Commissioners
2 Citizen Members
(The following persons volunteered or were recommended for appointment to the above Authority:)
NAME ENDORSED BY:
Leonard Calloway* J. Glenn Hopkins
Northern Virginia Urban League NAACP
Charles Lahey
Shawn McLaughlin*
John McNiff
Jacqueline Muskelly Northern Virginia Urban League NAACP
*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. 44; 9/14/93, 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 Leonard Calloway and Shawn McLaughlin as Citizen Members to the Alexandria Redevelopment and Housing Authority. The voting was as follows:
Ticer - Calloway, McLaughlin
Cleveland - Lahey, Muskelly
Donley - Calloway, McLaughlin
Jackson - Calloway, McLaughlin
Pepper - Calloway, McLaughlin
Rich - Calloway, McLaughlin
Speck Lahey, Muskelly
(Councilman Jackson indicated that since he is a public official and has often been criticized for actions in the public domain, that that probably qualifies him to be critical of other public officials or, at least, other public bodies. He stated that there is a perception on the part of a very large number of people in this community that the Alexandria Redevelopment and Housing Authority is proceeding with its plans, particularly its plans as it concerns the Berg, in a rather insensitive and unhearing sort of way. While he has been somewhat close to ARHA and has paid quite a bit of attention to this issue, he stated that he thinks, perhaps, they are not quite as insensitive
40
or unhearing as many people think they are, but they still are not giving that perception. He stated that he thinks it is very, very important that this public body rethink its obligations and responsibilities in how it goes about exercising those obligations and responsibilities. Any public body whether it's ARHA, the City Council, the School Board, the Sanitation Authority, or anything else, the Planning Commission often finds itself, or at least the majority of its members, setting a policy that is very unpopular and that is one thing that no one can legitimately expect public policy to always be popular. But, we can expect public policy to be administered evenly, fairly, with sensitivity and that the people who are most affected by whatever policy happens to be being administered, should be happy with the perception that, at least, they were heard or that they are being dealt with as citizens. He stated as Council reappoints two members of the ARHA Board tonight that it is appropriate that we send to that Board the message that this is a people's government. He indicated that he thinks it is very important that any public body in this City approach its work from that standpoint. He wanted this message sent to ARHA.
Mayor Ticer stated that Councilman Jackson's comments were very well taken because she thinks the process that has gone forward so far is somewhat flawed. It is flawed in its outreach portion and she thinks that they probably know that and it is nice to have lots of people who are interested and involved in the success of the public housing. The public housing has served this community well for many years, but as we all know, any public body is having a more and more difficult time with finances. She indicated in the last year to two years, the Housing Authority has been able to come out of the red into the black, and she stated that she thinks that there has to be credit given where credit is due for that, because if it is not in the black it cannot succeed on any level. It cannot exist if there is no money because there is no City money to contribute to what the Housing and Urban Development should have been doing for maintenance money all along. They have reneged on their responsibility to a great deal. She stated, that in her opinion, she thinks that this vote is not really attached to any particular decision, but it is attached to a level of service which has been performed by members of this body. She indicated that you may disagree on the decisions that are made but she thinks that it is very hard to disagree on the intentions and the good work that has been done in a very, very difficult area. Because if the Housing Authority was bankrupt at this time, then she indicated she did not know what kind of position the City would be in and the people who have served of late on that Board have done an excellent job with bringing it back.)
45. Alexandria Sister Cities Committee
1 Member Designated by the Alexandria Fire Chief
(The following person was recommended for appointment to the above Committee:)
NAME ENDORSED BY:
Thomas Hawkins*
*Residency Waiver Required
41
(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. 45; 9/14/93, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and appointed Thomas Hawkins as a Member Designated by the Alexandria Fire Chief to the Alexandria Sister Cities Committee. The voting was as follows:
Ticer - Hawkins
Cleveland - Hawkins
Donley - Hawkins
Jackson - Hawkins
Pepper - Hawkins
Rich - Hawkins
Speck - Hawkins
46. Alexandria Task Force on AIDS
(The following persons volunteered for appointment to the above Task Forte:)
Diane Farrell
Kendra Martin
Matthew Murguia
(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. 46; 9/14/93, 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 Matthew Murguia as a Citizen-at-Large to the Alexandria Task Force on Aids. The voting was as follows:
Ticer - Murguia
Cleveland - Murguia
Donley - Murguia
Jackson - Murguia
Pepper - Murguia
Rich - Murguia
Speck - Murguia
New Business Item No. 2: WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson, and carried on a vote of 6-to-0, at 9:05 p.m., City Council moved that City Council convene an executive session, at the close of this meeting, for the purpose of:
consulting with and receiving a briefing from legal counsel pertaining to probable litigation involving the city or a city official or employee, pursuant to section 2.1-344(7) of the Virginia Code
42
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
Geller v. Board of Zoning Appeals, a case involving property on Circle Hill Road, which is pending in the Circuit Court for the City of Alexandria,
Hildebrandt v. City of Alexandria, et al., a case alleging negligent police conduct in effecting an arrest, which is pending in the Circuit Court for the City of Alexandria,
SenGernie, et al., v. City of Alexandria, a case alleging erroneous real estate tax assessments on the property known as the Stonetract, which is pending in the Circuit Court for the City of Alexandria,
City of Alexandria v. Virginia Department of Taxation, a case involving the tax assessments on the rail operating property of the Richmond, Fredericksburg, and Potomac Railroad Company, which is pending in the Circuit Court for the City of Richmond,
RF&P Corporation v. Forst, et al., another case involving the tax assessments on the rail operating property of the Richmond, Fredericksburg, and Potomac Railroad Company, which is pending in the United States District Court for the Eastern District of Virginia. The voting was as follows:
Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich out of room
Speck "aye"
New Business Item No. 3: WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 6-to-0, at 10:55 p.m., the meeting was reconvened and the following transpired. The voting was as follows:
Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck out of room
THEREUPON, upon motion by Councilman Donley, seconded by Council Member Rich and carried on a ROLL-CALL vote of 6-to-0, City Council approved the following results from the Executive Session that we authorize the City to join the appeal of Geller v. Board of Zoning Appeals; authorized the City Attorney to settle Hildebrandt v. City of Alexandria, et al. as discussed in Executive Session and authorized the City Attorney to settle SenGernie, et al., v. City of Alexandria as discussed in Executive Session. The voting was as follows:
Donley "aye" Cleveland "aye"
Rich "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck out of room
43
New Business Item No. 4: WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:
Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck out of room
The resolution reads as follows:RESOLUTION NO. 1659
WHEREAS, the Alexandria City Council has this 14th day of September, 1993, recessed 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 that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by Council during the executive session.
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Council Member Rich and carried on a vote of 6-to-0, at 10:57 p.m., the meeting of September 14, 1993, was adjourned. The voting was as follows:
Donley "aye" Cleveland "aye"
Rich "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck out of room
APPROVED BY:
_____________________________________
PATRICIA S. TICER MAYOR
ATTEST:
______________________________
Beverly I. Jett, CMC City Clerk
44
This docket is subject to change.
* * * * *
Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
* * * * *
Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
* * * * *