Regular Meeting
Tuesday, February 14, 1995 - - 7:30 pm
* * * * *
Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William C. Cleveland, William D. Euille, Redella S. Pepper, Lonnie C. Rich, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Boyd, Director of Citizen Assistance; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mr. Brannan, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Mrs. Godwin, Director of Management and Budget; Ms. Davis, Director of Housing; Mr. Sanderson, Director of Real Estate Assessments; Mr. Eiffert, Director of Agency on Aging; Mr. Powers, Director of Division of Community Programs; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Mr. Garrity, Intergovernmental Relations Coordinator; Ms. Sikora, Division Chief of Transit Services Programs; Fire Chief Hawkins; and Lieutenant Crawford, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
The Members of City Council attended the Alexandria Commission on Aging's reception honoring Florence L. Price at 6:30 p.m. in Room 2000.
The Annual Meeting of the Stockholders of the Alexandria Transit Company was held at 7:15 p.m. in the Council Workroom. The Members of City Council attended.
The meeting was concluded at 7:30 p.m.
(Material pertaining to the Annual Meeting is on file in the office of the City Clerk and Clerk of Council, and is incorporated as part of the record by reference.)
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 Rabbi Jack L. Moline, Agudas Achim Synagogue.
1
3 THERE BEING NO DISCUSSION, upon motion by Vice Mayor Donley, seconded simultaneously by Councilman Cleveland and Councilwoman Pepper and carried unanimously, City Council approved the Minutes of (a) the Public Hearing Meeting of January 21, 1995; and (b) the Regular Meeting of January 24, 1995. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Walker "aye"
4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded simultaneously by Vice Mayor Donley and Councilwoman Pepper and carried unanimously, City Council received the report of the City Clerk dated February 6, 1995, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/14/95, and is incorporated herewith as part of this record by reference. The voting was as follows:
Cleveland "aye" Ticer "aye"
Donley "aye" Euille "aye"
Pepper "aye" Rich "aye"
Walker "aye"
5. Presentation of Proclamation Proclaiming February as American Heart Month in the City of Alexandria.
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 2/14/95, and is incorporated herewith as part of this record by reference.)
(Vice Mayor Donley, Councilman Euille and Councilwoman Pepper presented the proclamation.
Councilman Euille announced that on Thursday, March 9, 1995, the Annual Heart Celebrity Ball will take place at the Old Town Ramada Inn. This is a community fundraiser to support our local Heart Association Chapter.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
6. Presentation of Proclamation Honoring Florence L. Price for Her Outstanding Service on the Alexandria Commission on Aging and to the City of Alexandria. (Councilwoman Pepper)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 2/14/95, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper presented the proclamation.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Donley and Councilman Cleveland and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Ticer "aye"
Donley "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Walker "aye"
2
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (7 - 12; 18 - 25)
WITHOUT OBJECTION, City Council removed Docket Item No. 9 from the Consent Calendar.
7. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(a) Alexandria-Caen Exchange Committee
Henry Brooks
(b) Alexandria-Gyumri Sister City Committee
Rita Balian
Vartkess Balian
Myron Erkiletian
(c) Alexandria Commission for the Arts
Karen McGrath
(d) Alexandria Consumer Affairs Commission
Jane Erlandson
(e) Alexandria Sister Cities Committee
Henry Brooks
(Copies of the resignations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 7 (a-e); 2/14/95, and is incorporated herewith as part of this record by reference.)
8. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria-Caen Exchange Committee
1 Member of the Business Community
1 Representative From the Alexandria Sister Cities Committee
(b) Alexandria Convention and Visitors Bureau Board of Directors
1 Member of the Alexandria Jaycees
(c) Alexandria Early Childhood Commission
1 Member of the Alexandria Economic
Opportunities Commission
(d) Alexandria Environmental Policy Commission
1 Student Member
(e) Alexandria Human Rights Commission
1 Representative From the Alexandria
Landlord-Tenant Relations Board
1 Representative From the Alexandria Economic Opportunities Commission
(f) Alexandria Park and Recreation Commission
1 Member from Planning District II
(g) Alexandria Sister Cities Committee
2 Members from the Alexandria-Gyumri Sister Committee
(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. 10 (a-g); 2/14/95, and is incorporated herewith as part of this record by reference.)
3
10. Receipt of the 1994 Annual Report of the Board of Zoning Appeals.
(A copy of the City Manager's memorandum dated January 31, 1995, together with the report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 10; 2/14/95, and is incorporated herewith as part of this record by reference.)
11. Receipt of Report on First Night Alexandria and Setting the Report for Public Hearing on February 25, 1995.
(A copy of the City Manager's memorandum dated February 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 2/14/95, and is incorporated herewith as part of this record by reference.)
12. Consideration of Request to Restructure the Membership of the Alexandria Emergency Medical Services Council.
(A copy of the City Manager's memorandum dated February 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 2/14/95, 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 change the name of Clermont Avenue south of Eisenhower Avenue to Eisenhower Avenue Connector.
(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. 18; 2/14/95, 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. 18; 2/14/95, 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 vacate a portion of the public right-of-way of 3681 Wheeler Avenue.
(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. 19; 2/14/95, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 2/14/95, and is incorporated herewith as part of this record by reference.)
20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public right-of-way of 305 Charles Alexander Court for the construction of a stone wall.
(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. 20; 2/14/95, and is incorporated herewith as part of this record by reference.
4
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. 20; 2/14/95, 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 rezone property at 91 South Early Street and 3681 Wheeler Avenue to remove proffers and to permit development and use in accordance with the CSL/Commercial Service Low zone.
(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. 21; 2/14/95, 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. 21; 2/14/95, 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 amend Section 11-300 of the City of Alexandria Zoning Ordinance to require that written notice of public hearings on land use matters be given by registered or certified mail and otherwise to make the city's notice rules consistent with state law, with an exemption for the Board of Architectural Review.
(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. 22; 2/14/95, 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. 22; 2/14/95, 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 establish, and to define the powers and duties of, the Alexandria Commission for the Arts which to date has been created and governed by a resolution of the city council (No. 1209), rather than by ordinance.
(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; 2/14/95, 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; 2/14/95, 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 establish a cultural plan implementation steering committee for the Alexandria Commission for the Arts.
(A copy of a letter dated February 8, 1995, withdrawing this item, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 2/14/95, and is incorporated herewith as part of this record by reference.)
5
25. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE making supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 1995.
(A copy of the City Manager's memorandum dated January 31, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 2/14/95, 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. 25; 2/14/95, 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. 25; 2/14/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Council Member Walker and Councilman Cleveland and carried unanimously, City Council approved the consent calendar as presented except for Docket Item No. 9 which was considered under separate motion. The City Manager's recommendations are as follows:
7. City Council received the following resignations with regret: (a) Henry Brooks from the Alexandria-Caen Exchange Committee; (b) Rita Balian, Vartkess Balian and Myron Erkiletian from the Alexandria-Gyumri sister City Committee; (c) Karen McGrath from the Alexandria Commission for the Arts; (d) Jane Erlandson from the Alexandria Consumer Affairs Commission; and (e) Henry Brooks from the Alexandria Sister Cities Committee; and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
8. City Council (a) reappointed Linda Kung as a Member from the Business Community and appointed Catherine Gromek as a Representative from the Alexandria Sister Cities Committee to the Alexandria-Caen Exchange Committee; (b) reappointed Dana Firth as a Representative from the Alexandria Jaycees to the Alexandria Convention and Visitors Bureau Board of Directors; (c) appointed Michele Chapman as a Member from the Alexandria Economic Opportunities Commission to the Alexandria Early Childhood Commission; (d) reappointed Rob Dempsey as a Student Member to the Alexandria Environmental Policy Commission; (e) reappointed Raymond Johnson as a Representative from the Alexandria Landlord-Tenant Relations Board and appointed Luis Baquedano as a Representative from the Alexandria Economic Opportunities Commission to the Alexandria Human Rights Commission; (f) appointed Nancy McCormick as a Member from Planning District II to the Alexandria Park and Recreation Commission; and (g) appointed Timothy O'Conner and Tatyana Schriempf as Members from the Alexandria-Gyumri Sister City Committee to the Alexandria Sister Cities Committee.
10. City Council received the report and thanked the Board of Zoning Appeals for its efforts on behalf of the City.
11. City Council received the report and set it for Public Hearing on February 25, 1995.
12. City Council deferred this item until March to give the Alexandria Emergency Medical Services Council additional time to consider its proposal.
6
18. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, February 25, 1995.
19. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, February 25, 1995.
20. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, February 25, 1995.
21. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, February 25, 1995.
22. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, February 25, 1995.
23. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, February 25, 1995.
24. City Council withdrew the ordinance.
25. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, February 25, 1995.
The voting was as follows:
Pepper "aye" Ticer "aye"
Walker "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Rich "aye"
9. Consideration of the Economic Opportunities Commission and Office of Economic Opportunities Annual Report for FY 1994.
(A copy of the City Manager's memorandum dated February 10, 1995, together with the report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 9; 2/14/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Vice Mayor Donley requested that staff report back concerning the Homeless Intervention Program with potential ways that the Department may be able to re-program some funds or make a recommendation regarding how the City might keep this program operating throughout the balance of this fiscal year. It does seem to be a successful program.
Council Member Rich asked questions with respect to the number of people assisted in a particular month with this program last year. He further asked that when the program funds ran out could staff tell from other programs whether there was any substantial increase? In the month that it ran out was there any increase at any of the Homeless Shelters in the City? If there is not, it raises a double-edged question. It may not be having any impact. He stated that he was just raising the question and that this should be explored also when staff reports back.
7
Councilman Euille stated that he had some of the same concerns that Vice Mayor Donley has already expressed. He requested staff to provide comment on some of the other areas, such as Head Start, the Community Shelter, and Community Services Block Grant, because the letter from the Chair of the Commission points very candidly to some serious concerns affecting social and welfare issues within the City. He requested that the Manager schedule a work session with the Council at a subsequent meeting in concert with the budget process because some of these programs will certainly have budget implications.
The Mayor suggested that an appropriate time to do this would be during the work session on the Human Services budget.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilmen Euille and Cleveland and carried unanimously, City Council received the report and thanked the Commission members for their work on behalf of low-income residents of our community, and the items that were raised by Council Members Rich, Euille and Donley be addressed by staff in later correspondence. The voting was as follows:
Donley "aye" Ticer "aye"
Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Walker "aye"
WITHOUT OBJECTION, City Council considered Docket Item No. 26 out of order.
ORDINANCES AND RESOLUTIONS (continued)
26. Consideration of a Resolution to the Virginia Department of Transportation for Urban Funds for the Purchase of DASH Buses. (ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated January 30, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 2/14/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Mayor Ticer, Councilwoman Pepper, Mr. O'Kane, Director of Transportation and Environmental Services, and Mr. Hurd, Chairman of Alexandria Transit Company, participated in the discussion.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution that staff will forward to the Virginia Department of Transportation. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
The resolution reads as follows:RESOLUTION NO. 1724
WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by City Council resolution be made in order that the Department program an urban project in the City of Alexandria;
8
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alexandria, Virginia, requests the Virginia Department of Transportation to establish an urban project for the purchase of transit buses and related equipment for the Alexandria Transit Company/DASH bus system that operates in the City.
BE IT FURTHER RESOLVED, that the City Council of the City of Alexandria hereby agrees to pay its share of the total cost for the bus purchase in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Alexandria subsequently elects to cancel this project, the City of Alexandria hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
13. Consideration of a Request to Waive the Major Events Policy for a Change in Location and Race Route of the Alexandria Red Cross Waterfront Festival's 10-K Race.
(A copy of the City Manager's memorandum dated February 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 2/14/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Mayor Ticer and carried unanimously, City Council approved the recommendation of the City Manager that the 10-K foot race remain in the Eisenhower Valley and that it not be moved to Oronoco Bay Park with a route that would go through the streets of Old Town. Staff is opposed to changing the route because of safety concerns discussed in the memorandum and because it would result in traffic congestion and parking problems which would affect businesses and residents in Old Town. The voting was as follows:
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Donley "aye" Rich "aye"
Walker "aye"
14. Consideration of Whether to Refer to the Planning Commission a Study of Changes to the Regulation of Front Yards on Corner Properties.
(A copy of the City Manager's memorandum dated February 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 2/14/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilwoman Pepper asked questions of the City Manager. Vice Mayor Donley participated in the discussion.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Council Members Rich and Walker and carried unanimously, City Council referred to the Planning Commission a study of possible changes to the regulation of front yards on corner properties and report back to Council and the preparation of any amendment to an ordinance that might be required. The voting was as follows:
Donley "aye" Ticer "aye"
Rich "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Pepper "aye"
9
15. Consideration of Whether to Extend the Administrative Approval Processes for Special Use Permit Applications included in Sections 11-509 and 11-511 of the Zoning Ordinance.
(A copy of the City Manager's memorandum dated February 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/14/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilwoman Pepper spoke to this item. Vice Mayor Donley participated in the discussion.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Euille, Vice Mayor Donley and Council Member Walker and carried unanimously, City Council referred to the Planning Commission a text amendment to remove the March 19, 1994, sunset date on sections 11-509 and 11-511 of the zoning ordinance making the administrative approval procedures for minor amendments to special use permits permanent. The voting was as follows:
Pepper "aye" Walker "aye"
Euille "aye" Ticer "aye"
Donley "aye" Cleveland "aye"
Rich "aye"
16. Consideration of Update Report from the City Attorney on Items before the 1995 General Assembly.
(A copy of the City Attorney's memorandum dated February 13, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 2/14/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. The City Attorney gave an oral report on the items before the General Assembly.
WITHOUT OBJECTION, with respect to Planning district commissions, City Council instructed our representatives that we would like to be part of the strategic planning, but we would also like to have those who don't want to be to have the option not to be. The language that was suggested was instead of "shall" do it, that they "may" do it.
Mayor Ticer further explained that if anybody asks, that Alexandria would have been happy if this was deferred so that there could have been a real study done as to what the meaning of it was. Because of the fact that the deferral was not granted, Alexandria would like to retain the ability through the Northern Virginia Planning District Commission to do planning if we want to do it, but only at the total approval of the Commission.
With respect to SB 1079 regarding finality of zoning administrator decisions, Vice Mayor Donley stated that our discussion in the past has always been to oppose the bill, but he thinks that the City needs to continue to oppose the bill but also needs to get the third provision added as suggested by the City Attorney.
Vice Mayor Donley stated that the City needs to continue to vehemently oppose the concealed weapons permits.
Councilman Euille spoke to the bill to grant localities the ability to enter into design/build contracts and asked its status. The City Attorney and Assistant City Manager Evans gave its status.
Mayor Ticer spoke to the food-to-alcohol ratio bill. The City Attorney spoke to the status. The City Manager stated that the percentage excludes beer and wine also.
10
Mayor Ticer stated that VML Day was a good day last Thursday. She indicated that Amy Marschean, Assistant City Attorney, has received many compliments on what a great job she is doing on the City's behalf in Richmond. The City Attorney will convey this to Amy.)
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning commission
17. SUP #94-0355 -- 1400 NORTH ROYAL STREET - Consideration of a request for a special use permit for a portable recycling facility; zoned UT/Utilities and Transportation. Applicant: Potomac Electric Power Company, by Duncan W. Blair, attorney. (#13 12/17/94; #12 1/21/95) [THIS IS NOT A PUBLIC HEARING ITEM.]
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated December 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 2/14/95, and is incorporated herewith as part of this record by reference.
Copies of 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. 17; 2/14/95, and is incorporated herewith as part of this record by reference.)
(WITHOUT OBJECTION, City Council permitted the following persons to speak to this item:
Duncan W. Blair, 222 Green Street, attorney representing PEPCO, spoke in support of this item and answered questions;
Cyrus Horn, representing PEPCO, responded to questions;
Frank E. Van Demark, 1301-5 East Abingdon Drive, representing Harbor Terrace Condominium Homeowners Association, spoke against;
Marian L. Clarke, 400 Madison Street, #709, spoke to the number of trucks and supports the letter from Chairman Quill, Old Town North Community Association; and
Robert Wynns, 501 Slaters Lane, representing Marina Towers, supported Ms. Clarke's remarks.
Further Discussion. Members of City Council and Mr. O'Kane, Director of Transportation and Environmental Services, participated in the discussion.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-1, City Council denied the special use permit. The voting was as follows:
Pepper "aye" Donley "no"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Mayor Ticer announced that Part I serious crime in the City from 1993 to 1994 has declined 12.1% during that period.
(b) Mayor Ticer spoke about the Town of Blackstone's requesting the City's support with respect to two bills before the General Assembly that will prohibit towns and cities that own their electrical system from being able to provide electrical service to residents in boundary adjusted areas. They object to the bills.
11
The Mayor gave the letter to the City Attorney and requested the City Attorney to advise legislators that Alexandria supports the position of Blackstone.
(c) Mayor Ticer spoke to the schedule and work program for the vision-setting project with a recommendation for a consultant. If she does not hear from Council differently, she indicated that the folks from Indiana State University will be selected. She indicated that there is also a copy of Mary Means' letter to Council and to the Journal and the Gazette in response to the newspapers' unfavorable stories.
(d) Mayor Ticer thanked Councilman Euille for his Valentine roses and candy kisses that he gave to the ladies tonight.
(e) Councilman Euille spoke about Chevy Chase Bank's request to locate a banking facility at Wilkes and South Washington Street. He suggested referring a request for a text amendment to the Planning Commission to amend the CD zone regulations to allow, with a special use permit, drive-through facilities on CD zoned property. The request for this change is to be applicable only to banks and not other types of commercial uses.
Vice Mayor Donley stated for the record and for the purposes of the following motion that he is employed by Crestar Bank and he will not participate with this particular decision either in its current form or when it comes back to Council in the form of a text amendment and subsequent ordinance because of a conflict of interest of his employer.
WHEREUPON, upon motion by Councilman Euille, seconded simultaneously by Councilman Cleveland and Councilwoman Pepper and carried on a vote of 6-to-0, City Council referred to the Planning Commission for preparation of a text amendment to the section of the ordinance enumerating uses of the properties in the CD zone permitted with a special use permit, section 4-503 of the ordinance by adding a new subsection as follows: (bb) banks, savings and loans and credit unions with drive-through facilities, and for the Planning Commission to report back to the Council as soon as possible for formal action. The voting was as follows:
Euille "aye" Ticer "aye"
Cleveland "aye" Donley did not vote
Pepper "aye" Rich "aye"
Walker "aye"
(f) Councilman Euille spoke to the number of tax-exempt properties in the City. He would like staff to take a look at the exempt properties and report back on whether or not it is possible to change exemptions for religious residences, residences of faculty members, and other exempt organizations.
Members of Council participated in the discussion.
Councilwoman Pepper requested staff to address how other jurisdictions handle this.
The City Manager participated in the discussion. Staff will review the legislative history of this issue.
(g) Councilman Cleveland announced that there will be a program honoring Black History Month sponsored by the City on February 23, 1995, from 7:00 p.m. to 9:00 p.m. at the Cora Kelly Recreation Center.
(h) Council Member Rich spoke to a newspaper article on welfare reform.
Members of Council participated in the discussion.
12
OTHER
(A copy of the City Manager's memorandum dated February 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 2/14/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Assistant City Manager Brannan spoke to the schedule for meeting with the consultant of the vision-setting process. He suggested April 7 and 8 as a possible Council Retreat.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Council Calendar and (1) changed the date of the Monday, March 20 budget work session to Wednesday, March 22; (2) noted that the annual Salute to Women Awards Banquet of the Alexandria Commission for Women is scheduled for Monday, March 20, at the Radisson Plaza Hotel at Mark Center; and (3) noted that the Days of Remembrance of the Holocaust Ceremony is scheduled for Tuesday, April 25 from noon to 1:00 p.m. in Market Square; and tentatively set April 7 and 8 for a Council Retreat on vision setting. The voting was as follows:
Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"
CONTESTED APPOINTMENTS
28. Alexandria Beautification Commission
(The following persons volunteered for appointment to the above commission:)
Jean Caldwell* Jennifer Hollings
James Dolezal
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 28; 2/14/95, 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 Jean Caldwell as a Citizen Member to the Alexandria Beautification Commission. The voting was as follows:
Ticer - Caldwell
Donley - Caldwell
Cleveland - Caldwell
Euille - Caldwell
Pepper - Caldwell
Rich - Caldwell
Walker - Caldwell
13
29. Alexandria Environmental Policy Commission
1 Member from the Field of Environmental Sciences
(The following persons volunteered for appointment to the above Commission:)
Kathlyn Hoekstra
Charles Loeher, III
Lisa Williams*
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 29; 2/14/95, 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 Lisa Williams as a Member from the Field of Environmental Sciences to the Alexandria Environmental Policy Commission. The voting was as follows:
Ticer - Williams
Donley - Williams
Cleveland - Williams
Euille - Williams
Pepper - Williams
Rich - Williams
Walker - Williams
30. Alexandria Library Board
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
Barbara Barger
Edward Cabot, Jr.
Alice Falk
Louise Forstall* Alexandria Library Board
Barbara Halicki
Helen Kraft
Susan Michalek
Marjorie Posner
Kirk Raymond
Lelia Saunders-Bailey* Alexandria Library Board
Ann Williams
14
(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. 30; 2/14/95, 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 Louise Forstall and Lelia Saunders-Bailey to the Alexandria Library Board. The voting was as follows:
Ticer - Forstall, Saunders-Bailey
Donley - Posner, Saunders-Bailey
Cleveland - Forstall, Saunders-Bailey
Euille - Forstall, Posner
Pepper - Forstall, Saunders-Bailey
Rich - Forstall, Saunders-Bailey
Walker - Posner, Saunders-Bailey
31. Alexandria Ad Hoc Task Force on Information and Communication Technologies
I Member from an Institution of Higher Education Designated by Northern Virginia Community College
(The following person volunteered for appointment to the above Task Force:)
NAME ENDORSED BY:
David Williams* Northern Virginia
Community College
*Residency Waiver Required
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 31; 2/14/95, 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 David Williams as a Member from an Institution of Higher Education Designated by Northern Virginia Community College to the Alexandria Ad Hoc Task Force on Information and Communication Technologies. The voting was as follows:
Ticer - Williams
Donley - Williams
Cleveland - Williams
Euille - Williams
Pepper - Williams
Rich - Williams
Walker - Williams
15
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
32. Consideration of Report on Gross Receipts Tax Reform. (Vice Mayor Donley)
(A copy of Vice Mayor Donley's memorandum dated January 27, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 2/14/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Vice Mayor Donley spoke to his memorandum to the City Manager and the City Attorney dated January 27, 1995, regarding the exemption of businesses with gross receipts less than $100,000 annually and in lieu of that waiver a flat $50 fee will be imposed. He asked that the City Manager consider this particular reform to the BPOL tax as part of the upcoming consideration of the FY96 budget.
He explained the reasons for requesting this.
Vice Mayor Donley asked that this be referred to the City Manager for consideration in the FY96 budget. As a secondary issue, as well, we have heard talk about the so called Model ordinance, one that is under consideration by a joint study committee between the House and the Senate in the State Legislature. His understanding is that a number of reforms have been developed and potentially would be offered by the State Legislature in the form of a Model Ordinance that would standardize the enforcement and collection of the gross receipts tax throughout the Commonwealth. His understanding is that they have not formally reported out the Model Ordinance, but there has been some talk. Vice Mayor Donley asked staff that in the consideration of the budget, or maybe even after the budget is adopted, we might want to consider adopting some of the other reforms that he doesn't believe would have a significant fiscal impact as a way to standardize what we believe would be the gross receipts tax as it would be envisioned in future years.
Councilwoman Pepper requested that part of what she would like to see in the report is how much this is going to cost the City.
Mr. Gitajn, Financial and Information Services Director, responded to her question.
Members of Council participated in the discussion.
Council Member Rich asked that the City Manager not include this in her budget and let this be one of the add/delete items.
The City Manager stated that the timing is very good for Council's consideration before it adopts the budget because by the time we address this at one of the budget work sessions and by the time you adopt the budget in early May, we will know then with certitude exactly what has been the outcome of the General Assembly, not just what the General Assembly has passed, what the Governor has vetoed or sent back and what the final action of the General Assembly has been. She stated that the more uniform of an approach we have on this, almost as though we had a Northern Virginia Model Ordinance approach to this, she thinks the more acceptable it is going to be to the business community and to the citizens. With regard to the budget, she stated that staff will certainly make recommendations when we have more information with regard to what happened in the General Assembly, what the other jurisdictions are doing and what the impact would be with regard to a flat amount of money. The great benefit of that of course is that it is known, it is easier, etc. Staff will address all of these issues, uniformity, equity, budget impactand what have you. She stated that Vice Mayor Donley's
16
memorandum is very timely because it comes right at the time when the budget is being prepared for Council consideration. She indicated that staff may not know enough and that it may not be in the proposed budget with specificity, but staff will come to Council with enough information so that we will be able to make an informed decision for Council's adopted budget.
(Vice Mayor Cleveland spoke to the BPOL tax.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Council Member Rich and carried on a vote of 5-to-1, City Council referred this matter to the City Manager for consideration and asked that the staff report about the advisability of enacting additional reforms, which would be commonly referred to as the Model Ordinance, later on in the year so that whatever action we would take would be on the books by the time the General Assembly convenes next January. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Cleveland "no"
Rich out of room Euille "aye"
Walker "aye"
New Busines Item No. 1: WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Councilman Cleveland and carried on a vote of 6-to-0, at 11:00 p.m., City Council convened an executive session at this time for the purpose of: consulting with legal counsel pertaining to the following litigation involving the city, pursuant to Virginia Code § 2.1-344(A)(7): Hoffman v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, No. 931013, which involves the plaintiff's challenge to the real estate assessments for various parcels of real property he owns on Eisenhower Avenue and Stovall Street in the City of Alexandria. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Euille "aye"
Cleveland "aye" Rich out of room
Walker "aye"
New Business Item No. 2: WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilmen Cleveland and Euille and carried unanimously, at 11:25 p.m., City Council reconvened the meeting. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Pepper "aye"
Euille "aye" Rich "aye"
Walker "aye"
THEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously, City Council moved to settle the lawsuit identified in the motion by which we convened the Executive Session along the lines outlined by the City Attorney. The voting was as follows:
Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
17
New Business Item No. 3: WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Council Member Rich and Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:
Donley "aye" Ticer "aye"
Rich "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Walker "aye"
The resolution reads as follows:RESOLUTION NO. 1728
WHEREAS, the Alexandria City Council has this 14th day of February, 1995, 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 Cleveland, seconded by Council Member Rich and carried unanimously, at 11:30 p.m., the meeting of Tuesday, February 14, 1995, was adjourned. The voting was as follows:
Cleveland "aye" Donley "aye"
Rich "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"
APPROVED BY:
________________________________
PATRICIA S. TICER MAYOR
ATTEST:
____________________________
Beverly I. Jett, CMC City Clerk
18
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.
* * * * *