Regular Meeting
Tuesday, December 10, 1996 - - 7:30 pm
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Present: Mayor Kerry J. Donley, Vice Mayor Redella S. Pepper, Members of Council William C. Cleveland, Lonnie C. Rich, and David G. Speck.
Absent: Councilman William D. Euille and Council Member Lois L. Walker.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Boyd, Director of Citizen Assistance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Ms. Davis, Director of Housing; Mr. Schott, Director of General Services; Mr. Simmons, Deputy Director of Recreation, Parks and Cultural Activities; Mr. Caton, Legislative Director; Fire Chief Hawkins; Assistant Police Chief George; Mr. Sanderson, Director of Real Estate Assessments; Mr. Brannan, Assistant City Manager; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Mr. Barbash, Consumer Affairs Administrator; Judge Rideout; School Board Members Digilio and Henning; and Lieutenant Kaluta, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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OPENING
The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present except Councilman Euille and Council Member Walker.
The Invocation was pronounced by Reverend Lowell E. Schuetze, Pastor, Good Shepherd Lutheran Church.
3. THERE BEING NO DISCUSSION, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the Minutes of the Public Hearing Meeting of November 16, 1996, as submitted. The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Euille absent
Donley "aye" Rich "aye"
Walker absent
1
4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council received the report of the City Clerk dated November 26, 1996, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/10/96, and is incorporated herewith as part of this record by reference. The voting was as follows:
Cleveland "aye" Euille absent
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker absent
5. Presentation of Proclamation Honoring Lyndon Murray. (Councilman Speck; Vice Mayor Pepper, Council Member Rich, and Council Member Walker)
(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; 12/10/96, and is incorporated herewith as part of this record by reference.)
Councilman Speck presented the proclamation.
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Euille absent
Donley "aye" Rich "aye"
Walker absent
6. Presentation of Proclamation Proclaiming December 10, 1996, as Human Rights Day and the Month of December 1996, as Human Rights 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. 6; 12/10/96, and is incorporated herewith as part of this record by reference.)
Council Member Rich presented the proclamation.
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Euille absent
Donley "aye" Speck "aye"
Walker absent
7. Presentation of Proclamation Recognizing Christa Watters' Service at the Alexandria Gazette Packet. (Mayor Donley)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 12/10/96, and is incorporated herewith as part of this record by reference.)
Mayor Donley presented the proclamation.
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Euille absent
Donley "aye" Speck "aye"
Walker absent
8. Presentation of Proclamation Proclaiming December 31, 1996, as First Night Alexandria Day. (Mayor Donley)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 12/10/96, and is incorporated herewith as part of this record by reference.)
Mayor Donley presented the proclamation.
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Euille absent
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker absent
9. Presentation of Proclamation Honoring Jefferson-Houston School Principal Blanche Hutchinson On Her Receipt of the Washington Post Distinguished Leadership Award. (Vice Mayor 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. 9; 12/10/96, and is incorporated herewith as part of this record by reference.)
Vice Mayor Pepper presented the proclamation.
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Speck and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Cleveland "aye"
Speck "aye" Euille absent
Donley "aye" Rich "aye"
Walker absent
10. Presentation of Proclamation Recognizing Business Community Supporters for the ANGELS Program for At-Risk Girls.
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 12/10/96, and is incorporated herewith as part of this record by reference.)
Councilman Cleveland presented the proclamation.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Pepper "aye"
Rich "aye" Euille absent
Donley "aye" Speck "aye"
Walker absent
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (11-12) (25-31)
11. Receipt of the Following Resignation from Members of Boards, Commissions and Committees:
(a) Alexandria Archaeological Commission
(A copy of the above resignation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11 (a); 12/10/96, and is incorporated herewith as part of this record by reference.)
12. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria-Caen Exchange Committee
3 Citizens-at-Large
1 Representative From the Business Community
(b) Alexandria-Gyumri Sister City Committee
1 Citizen Member
(c) Alexandria Beautification Commission
3 Citizen Members
(d) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Member Designated by the Alexandria School Board
(e) Alexandria Commission on Persons With Disabilities
5 Citizen Members (Three Must Have A Disability)
(f) Alexandria Environmental Policy Commission
1 Member From the Field of Engineering
(g) Historic Alexandria Resources Commission
1 Representative From Planning District II
(h) Alexandria Public Health Advisory Commission
1 Health Professional
1 Non-Health Professional
(i) Alexandria Redevelopment and Housing Authority
Board of Commissioners
1 Representative From the Alexandria Landlord-
Tenant Relations Board
(j) Alexandria Transportation Safety Commission
1 Member of the Alexandria Traffic and Parking
Board
(k) Alexandria Youth Services Commission
1 Youth Member
(Material pertaining to the above items is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 12 (a-k); 12/10/96, and is incorporated herewith as part of this record by reference.)
25. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Alexandria City Code by changing the name of John Tyler Building Election District to the Hermitage Building Election District.
(A copy of the City Attorney's memorandum dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 12/10/96, 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; 12/10/96, 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; 12/10/96, and is incorporated herewith as part of this record by reference.)
26. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Alexandria Zoning Ordinance by changing the regulation of fences in secondary front yards on corner properties.
(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; 12/10/96, 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; 12/10/96, 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 amend the Old Town Small Area Plan of the 1992 Master Plan for the City of Alexandria by changing the land use designation of the property 310 and 310A South Columbus from RM/Residential to CD/Commercial Downtown.
(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; 12/10/96, 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; 12/10/96, 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 amend the Alexandria Zoning Ordinance by changing the zoning designation of the properties at 310 and 310A South Columbus Street from RM/Residential to CD/Commercial Downtown.
(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. 28; 12/10/96, 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. 28; 12/10/96, 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 amend the Alexandria Zoning Ordinance by providing for a new procedure for special exceptions to be issued by the board of zoning appeals.
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 12/10/96, 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. 29; 12/10/96, and is incorporated herewith as part of this record by reference.)
30. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way, for an awning and outdoor seating, at 1508 Mount Vernon Avenue, in the City of Alexandria.
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 12/10/96, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 12/10/96, and is incorporated herewith as part of this record by reference.)
31. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to make technical changes to Ordinance No. 3881, which vacated various rights-of-way located south of Duke Street and west of South Henry Street, to conform the vacated areas to the areas described in certain plats of vacation.
(A copy of the City Attorney's memorandum dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 12/10/96, 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. 31; 12/10/96, 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. 31; 12/10/96, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Speck and carried unanimously by all those present, City Council approved the Consent Calendar as presented. The City Manager's recommendations are as follows:
11. City Council received the following resignation with regret: (a) Charlotte Gallagher from the Alexandria Archaeological Commission; requested the Executive Secretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.
12. City Council (a) reappointed David Lapan, Warren Master, and Bettina Sims as Citizens-at-Large and Mary Radnofsky as a Representative from the Business Community to the Alexandria-Caen Exchange Committee; (b) appointed Judith Phillips as a Citizen Member to the Alexandria-Gyumri Sister City Committee; (c) reappointed Jennifer Hollings and Marjorie Olson and appointed Marie Johnston as Citizen Members to the Alexandria Beautification Commission; (d) appointed Bruce Johnson as a Member Designated by the Alexandria School Board to the Alexandria Budget and Fiscal Affairs Advisory Committee; (e) reappointed Chester Avery (has disability), Carlisle Bean, Eunice Fiorito (has disability) and Tom Sachs, and appointed Keith Pollanen (has disability) as Citizen Members (three must have disabilities) to the Alexandria Commission on Persons with Disabilities; (f) reappointed Walter Beam as a Member from the Field of Engineering to the Alexandria Environmental Policy Commission; (g) reappointed David Peters as a Representative from Planning District II to the Historic Alexandria Resources Commission; (h) appointed Deborah Bombard as a Health Professional and Nancy Saunders as a Non-Health Professional to the Alexandria Public Health Advisory Commission; (i) appointed Debra Zusman as a Representative from the Alexandria Landord-Tenant Relations Board to the Alexandria Redevelopment and Housing Authority Board of Commissioners; (j) appointed Harold Curry as a Member of the Alexandria Traffic and Parking Board to the Alexandria Transportation Safety Commission; and (k) appointed Micheline Diakite as a Youth Member to the Alexandria Youth Services Commission.
25. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 14, 1996.
26. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 14, 1996.
27. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 14, 1996.
28. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 14, 1996.
29. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 14, 1996.
30. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 14, 1996.
31. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 14, 1996.
END OF CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Cleveland "aye"
Speck "aye" Euille absent
Donley "aye" Rich "aye"
Walker absent
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
13. Receipt of Report on Queen/Lee Street Parking Lot and Setting It for Public Hearing on Saturday, December 14, 1996.
(A copy of the joint memorandum of the City Manager and City Attorney dated December 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/10/96, and is incorporated herewith as part of this record by reference.)
(General Discussion. Mayor Donley made comments on this item.
Council Member Rich asked staff how widely has the staff memorandum been disseminated. City Manager Lawson and Mayor Donley spoke to his question.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council (1) received this report and set it for public hearing on Saturday, December 14, 1996. The voting was as follows:
Pepper "aye" Euille absent
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker absent
14. Consideration of Report on Taxi Cabs.
(A copy of the City Manager's memorandum dated December 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 12/10/96, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council (1) received this report; and (2) docketed it for further discussion on January 14, 1997 (when all Council Members are present) so that Council can determine if it wishes to hold a public hearing in January on the proposal to change taxicab regulations. The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Euille absent
Donley "aye" Rich "aye"
Walker absent
15. Consideration of Extending the December 31, 1996, Deadline of the Agreement Between the City and the Arlandria/Chirilagua Housing Corporation Regarding the Conversion of the Potomac Village Apartments to a Resident-owned Cooperative.
(A copy of the City Manager's memorandum dated December 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 12/10/96, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council suspended the December 31, 1996 deadline in the current Agreement Between the City and the Arlandria/Chirilagua Housing Corporation, in order to allow time for the Affordable Housing Advisory Committee to consider and make a recommendation to City Council regarding proposed changes to the current requirements with regard to the $112,000 in share purchase assistance previously advanced to the Corporation. The voting was as follows:
Pepper "aye" Euille absent
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker absent
NOTE: Docket Item Nos. 16, 17 and 18 were read together. One motion was made for Docket Item Nos. 16 and 17, and one motion was made for Docket Item No. 18.
16. Consideration of the Jones Communications 1996 Annual Report.
(A copy of the City Manager's memorandum dated December 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 12/10/96, and is incorporated herewith as part of this record by reference.
A copy of a fax from Sandra Rangel dated December 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 12/10/96, and is incorporated herewith as part of this record by reference.)
17. Receipt of the Jones Communications 1996 Customer Service Survey Results.
(A copy of the City Manager's memorandum dated December 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 12/10/96, and is incorporated herewith as part of this record by reference.)
18. Consideration of Resolution to Set Rates for Basic Cable Service in the City of Alexandria. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated December 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 12/10/96.)
(General Discussion. Members of City Council directed questions to Citizen Assistance Director Boyd and Jones Communications General Manager Spiegleman.)
16. & 17. WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously by all those present, City Council received the Jones Communications 1996 Annual Report, Plant Survey, and the 1996 Annual Subscriber Survey Report from Jones Communications, Inc. The voting was as follows:
Speck "aye" Pepper "aye"
Cleveland "aye" Euille absent
Donley "aye" Rich "aye"
Walker absent
18. WHEREUPON, a motion was made by Council Member Rich to defer action on this item and to refer the report to the Alexandria Cable Television Advisory Commission; which motion FAILED for lack of a second.
THEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried on a ROLL-CALL vote of 4-to-1, City Council approved the staff findings and adopted, by a roll-call vote, the resolution which approves the Jones Communications rate filings that lowered the rate for monthly basic cable service from $11.00 to $9.79 effective September 1, 1993, raised the monthly rate from $9.79 to $10.42 effective September 1, 1995, and increased the monthly rate from $10.42 to $10.96 effective September 1, 1996, with the caveat that future rate increases will go to the Cable Television Advisory Commission prior to coming to City Council. The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Euille absent
Donley "aye" Rich "no"
Walker absent
The resolution reads as follows:
RESOLUTION NO. 1812
WHEREAS, a 1993 order of the Federal Communications Commission ("FCC") revised the federal regulations controlling the regulation of rates charged by cable television companies for cable service and equipment; and
WHEREAS, the FCC's 1993 order: (1) provided that local franchising authorities could become certified by the FCC to regulate, beginning September 1, 1993, the rates charged by a cable company franchisee for "basic cable service," which was defined as consisting of all domestic broadcast stations, all public, educational and governmental programming carried on the basic service tier, and other video programming included in the basic service tier; (2) provided that rates for basic cable service were to be established either (i) at "benchmark" rates pursuant to a formula set out in the order or (ii) at "cost of service" rates pursuant to rules set out in the order where a cable franchisee could demonstrate that the actual costs it incurred in providing basic cable service justified rates higher than those allowed by the "benchmark" formula; and (3) provided that, upon receipt of a complaint filed by a local franchising authority or local subscribers, the FCC would regulate rates for expanded basic cable service, which was defined as all cable programming other than basic cable service, "pay per view" programming and premium cable channels (e.g., HBO, Showtime); and
WHEREAS, on September 1, 1993, Jones Intercable of Alexandria, Inc. ("Jones"), implemented a new rate schedule for the cable services that it provided to Alexandria subscribers, asserting that the rate it charged for "basic cable service" was set using the FCC's "benchmark" method; and
WHEREAS, the rate schedule implemented by Jones on September 1, 1993, decreased the monthly rate for basic service (referred to by Jones as "limited basic service") from $11.00 to $9.79 to comply with the interim rate regulations issued by the FCC in the Spring of 1993; and
WHEREAS, on May 13, 1994, the City of Alexandria was certified by the FCC to regulate the rates charged by Jones for its basic cable service; and
WHEREAS, on August 15, 1994, Jones filed with the City a "cost of service" rate filing that purported to show that, based on the actual costs it incurred in providing cable service to Alexandria subscribers, it was entitled to charge a rate for its basic cable service that was well in excess of the rate calculated under the FCC's "benchmark" rate formula, and that claimed a monthly "cost of service" rate in excess of $21.00 for the limited basic service provided to Alexandria subscribers; and
WHEREAS, on September 13, 1994, the City Council adopted Resolution No. 1702 which (1) extended the deadline for the City to complete its review of Jones' August 15, 1994, rate filing and to determine whether the proposed 1994 increase in Jones' limited basic service rate complied with the FCC's rate regulations, (2 prohibited any increase in the rates charged by Jones for limited basic cable service while the time for staff analysis of the proposed rate increase was properly tolled, and (3) provided that the Council could subsequently order a reduction in the rate, and refunds with interest to subscribers, in the event that the rate increase was found to violate FCC regulations or other applicable laws, regulations or contracts; and
WHEREAS, on November 9, 1994, the City Council adopted Resolution No. 1713 which required Jones to file additional information in connection with its "cost of service" rate filing, and tolled the period for the City to rule on the filing, pending receipt of the requested information; and
WHEREAS, Jones filed the additional information requested by Resolution 1713 on various dates in late 1994 and during the first six months of 1995; and
WHEREAS, on June 23, 1995, Jones submitted to the City a rate filing that purported to show that the increased rate for limited basic service that Jones wished to charge, effective September 1, 1995, was designed to cover increases in costs arising from inflation, from the higher charges imposed by suppliers of video programming, and from the cost of newly added programming (e.g., JCN and C-SPAN II); and
WHEREAS, FCC regulations in effect in September 1995 permitted Jones to implement, without the need for prior approval by City Council, an increase in its rate for limited basic service if that increase was designed to cover only adjustments for inflation and increases in external costs, which costs included state and local taxes, franchise fees, the cost of complying with franchise requirements (e.g., public, educational and governmental programming required by a franchise agreement), retransmission consent fees and programming costs; and
WHEREAS, on September 1, 1995, Jones implemented a new rate schedule that increased the monthly rate for limited basic service from $9.79 to $10.42; and
WHEREAS, on September 26, 1995, the City Council adopted Resolution No. 1754, which (1) extended the deadline for the City to complete its review of Jones' July 31, 1995, rate filing and to determine whether the 1995 increase in Jones' limited basic service rate complied with the FCC's rate regulations, and (2) provided that the Council could subsequently order a reduction in the limited basic service rate, and refunds with interest to subscribers, in the event that the rate increase was found to violate FCC regulations or other applicable laws, regulations or contracts; and
WHEREAS, on July 30, 1996, Jones submitted to the City a rate filing that purported to show that the increased rate for limited basic service that Jones wished to charge, effective September 1, 1996, was designed to cover increases in costs arising from inflation and from the higher charges imposed by suppliers of video programming; and
WHEREAS, throughout 1995 and the first six months of 1996, Jones and City staff were negotiating the proper treatment of the system acquisition costs that Jones had included in its August 15, 1995, "cost of service" rate filing and that formed part of the basis for the limited basic service rate increases proposed for 1995 and 1996; and
WHEREAS, on August 26, 1996, Jones and City staff reached a tentative agreement on the proper treatment of Jones' system acquisition costs, based upon FCC decisions and orders announced in early 1996 that permitted two-thirds of such costs to be included in the cost basis for a cable operator's limited basic service rate; and
WHEREAS, on September 1, 1996, Jones implemented a new rate schedule that increased the monthly rate for limited basic service from $10.42 to $10.96; and
WHEREAS, City staff have consulted with experts in the field of cable rate regulation, who have reviewed the documentation submitted by Jones in support of the limited basic service rate that Jones implemented on September 1, 1993, and the limited basic service rate increases that Jones implemented on September 1, 1995, and September 1, 1996, and have concluded that this initial rate and the subsequent rate increases comply with applicable FCC regulations and rate standards;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
1. That rate charged by Jones for limited basic cable service on September 1, 1993, shall be, and hereby is, approved.
2. That the increased rates for limited basic cable service implemented by Jones on September 1, 1995, and on September 1, 1996, shall be, and hereby are, approved.
3. That, as to the rate and rate increases described above in paragraphs 1 and 2, this resolution shall constitute the order required by section 9-2-208(b) of the Alexandria City Code.
4. That the City Manager shall cause notice of the adoption of this resolution and of its availability for public inspection to be given in a newspaper having general circulation in the City.
5. That the City Manager shall be, and hereby is, authorized to undertake any action on behalf of the City, including the execution of documents, that is necessary or desirable to implement the approvals provided in this resolution.
6. That this resolution shall be effective upon its adoption.
* * * * *
19. Consideration of the Department of Transportation and Environmental Services Proposed Submissions for Federal and State Transportation Funds.
(A copy of the City Manager's memorandum dated November 26, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 12/10/96, and is incorporated herewith as part of this record by reference.)
(General Discussion. Mayor Donley directed questions to Deputy Director of Transportation and Environmental Services Anderson. The Mayor requested staff to look at and explore, be it either at TCC or through any other channel, possibly some source of funding for the interchange improvement at Seminary Road and Shirley Highway.)
WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council (a) received this report on proposed submissions for state and/or federal transportation funds; (b) endorsed the list of proposed projects; and (c) authorized City staff to proceed with grant applications, as appropriate. The voting was as follows:
Cleveland "aye" Euille absent
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker absent
20. Consideration of Approval of a Five-Year License Agreement with the Potomac Riverboat Company to Berth the Cherry Blossom at the City Marina.
(A copy of the City Manager's memorandum dated December 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 12/10/96, and is incorporated herewith as part of this record by reference.)
WITHOUT OBJECTION, City Council deferred this item until the December 14, 1996 Council Meeting.
21. Consideration of Status Report on the Small and Minority Business Task Force Report Recommendations.
(A copy of the City Manager's report dated December 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 12/10/96, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council received the status report. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Euille absent
Donley "aye" Speck "aye"
Walker absent
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
22. VACATION #96-0004 -- 310 PRINCESS STREET -- PRINCESS STREET TOWNHOUSES -- Public Hearing and Consideration of a request for Vacation of a Public Easement; zoned RM/Residential. Applicant: Fairfax Land Company, by Richard S. Mendelson, attorney, and appointment of viewers for same.
(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 12/10/96, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Richard S. Mendelson, 112 South Alfred Street, #300, attorney representing Fairfax Land Company, Inc., spoke in support of this item.)
WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and authorized the Mayor to appoint Viewers; the Mayor subsequently appointed Paul Smedberg, Chair, and John Hines and Cathy Major as Viewers, and requested the City Clerk to contact the Viewers first thing Wednesday morning to request them to expedite this as soon as possible and to report back by Friday, December 13. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Euille absent
Donley "aye" Speck "aye"
Walker absent
23. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to vacate a public alley right-of-way located between North Fairfax and North Royal Streets and running in a southern direction approximately 83 feet in length from Princess Street, in the City of Alexandria.
(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; 12/10/96, 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; 12/10/96, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 14, 1996. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Euille absent
Donley "aye" Speck "aye"
Walker absent
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Vice Mayor Pepper congratulated the Campagna Center on another successful Scottish Christmas Walk. She also spoke to the success of the recent Turkey Trot.
(b) Councilman Cleveland gave kudos to the Warwick Village Citizens Association for its display of 4000 candles throughout its neighborhood. It certainly adds to the spirit of the holidays.
(c) Mayor Donley reported on his recent attendance at the National League of Cities Annual Conference in San Antonio, TX.
(d) Mayor Donley reported that he had attended the recent United Way Reception and indicated that the campaign is up over last year by $880,000. The City's contribution is up 10 per cent. He congratulated Fire Chief Hawkins on his yeoman's service. It was noted that Chief Hawkins has volunteered to be next year's campaign chair.
ORDINANCES AND RESOLUTIONS
24. Consideration of a Resolution Authorizing the Issuance of Industrial Development Authority Revenue Bonds for Additional Financing for Saint Coletta School. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated December 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 12/10/96, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 5-to-0, City Council adopted the resolution as recommended by the Alexandria Industrial Development Authority at its meeting and public hearing on November 12, 1996. The voting was as follows:
Pepper "aye" Euille absent
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker absent
The resolution reads as follows:
RESOLUTION NO. 1813
WHEREAS, the Industrial Development Authority of the City of Alexandria, Virginia ("Authority"), has considered the application of St. Coletta School, a school facility maintained and operated by The Saint Coletta Society of Northern Virginia, Inc. ("School"), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $500,000 ("Bonds") to assist in financing the acquisition, construction, renovation and equipping of a facility, located at 207 South Peyton Street in the City of Alexandria, Virginia, to provide educational opportunities for certain handicapped and disabled students ("School Facility"), and has held a public hearing on November 12, 1996; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; and
WHEREAS, the Authority issues its Bonds on behalf of the City of Alexandria, Virginia ("City"); the School Facility is located in the City and the City Council of the City of Alexandria, Virginia ("Council"), constitutes the highest elected governmental unit of the City; and
WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
1. The Council approves the issuance of the Bonds by the Authority for the benefit of the School, as required by Section 147(f) of the Code and Section 15.1-1378.1 of The Code of Virginia, 1950, as amended ("Virginia Code"), to permit the Authority to assist in the financing.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the School Facility or the School.
3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103-2(f)(1), this resolution shall remain in effect for a period of one year from the date of its adoption.
4. This resolution shall take effect immediately upon its adoption.
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OTHER
32. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated December 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 12/10/96, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council received the updated Council Calendar. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Euille absent
Donley "aye" Speck "aye"
Walker absent
CONTESTED APPOINTMENTS
33. Alexandria Environmental Policy Commission
1 Member Designated by the Alexandria Chamber
of Commerce
1 Citizen-at-Large
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED BY:
1 Member Designated by the
Alexandria Chamber of Commerce
James Tew Alexandria Chamber of Commerce
(Residency Waiver Required)
1 Citizen-at-Large
Laurence Breaker
J.W. Peyton Robertson, Jr.*
*Incumbent
* * * * *
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 33; 12/10/96, 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 waived the residency requirement and appointed James Tew as a Member Designated by the Alexandria Chamber of Commerce and reappointed J.W. Peyton Robertson, Jr. as a Citizen-at-Large to the Alexandria Environmental Policy Commission. The voting was as follows:
Donley - Tew, Robertson
Pepper - Tew, Robertson
Cleveland - Tew, Robertson
Euille - absent
Rich - Tew, Robertson
Speck - Tew, Robertson
Walker - absent
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34. Alexandria Industrial Development Authority
1 Citizen Member
(The following persons volunteered or were recommended for appointment to the above Authority:)
NAME ENDORSED BY:
Phillip Bradbury
Linda Gilday Richard Flaherty, Executive President
President, Alexandria Economic Development Partnership, Inc.
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 34; 12/10/96, 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 Linda Gilday as a Citizen Member to the Alexandria Industrial Development Authority. The voting was as follows:
Donley - Gilday
Pepper - Bradbury
Cleveland - Gilday
Euille - absent
Rich - Gilday
Speck - Gilday
Walker - absent
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35. Alexandria Task Force on AIDS
1 Representative From Alexandria Hospital
(The following person volunteered and was recommended for appointment to the above Task Force:)
NAME ENDORSED BY:
Sharon Selby* Alexandria Hospital
*Residency Waiver Required
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 35; 12/10/96, 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 Sharon Selby as a Representative from Alexandria Hospital to the Alexandria Task Force on AIDS. The voting was as follows:
Donley - Selby
Pepper - Selby
Cleveland - Selby
Euille - absent
Rich - Selby
Speck - Selby
Walker - absent
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36. Alexandria Youth Services Commission
1 Parent Member
(The following person volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Ann Marie Dineen*
*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; 12/10/96, 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 Ann Marie Dineen as a Parent Member to the Alexandria Youth Services Commission. The voting was as follows:
Donley - Dineen
Pepper - Dineen
Cleveland - Dineen
Euille - absent
Rich - Dineen
Speck - Dineen
Walker - absent
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New Business Item No. 1: WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously by all those present, at 9:58 p.m., City Council convened an executive session at this time for the following purposes: first, to consult with legal counsel pertaining to a claim lodged against, and probable litigation against the City, pursuant to Virginia Code section 2.1-344(A)(7), and second, to consult with legal counsel pertaining to the following litigation involving the City, pursuant to Virginia Code section 2.1-344(A)(7): Nova v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves a claim for damages for personal injuries arising from a fall on a public sidewalk in the 200 block of North Washington Street. The voting was as follows:
Speck "aye" Pepper "aye"
Cleveland "aye" Euille absent
Donley "aye" Rich "aye"
Walker absent
THEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a vote of 4-to-0, at 10:05 p.m., City Council reconvened the meeting. The voting was as follows:
Speck "aye" Pepper "aye"
Cleveland "aye" Euille absent
Donley "aye" Rich out of room
Walker absent
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a vote of 4-to-0, City Council authorized the City Attorney to settle the suit identified in the motion to convene this evening's executive session, as well as the claim of Mr. D. Assaye, in accordance with the terms and conditions recommended by the City Attorney in the executive session. The voting was as follows:
Speck "aye" Pepper "aye"
Cleveland "aye" Euille absent
Donley "aye" Rich out of room
Walker absent
THEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 4-to-0, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:
Speck "aye" Pepper "aye"
Cleveland "aye" Euille absent
Donley "aye" Rich out of room
Walker absent
The resolution reads as follows:
RESOLUTION NO. 1814
WHEREAS, on this 10th day of December, 1996, the Alexandria City Council did recess into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that City Council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by Council during the executive session.
* * * * *
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried on a vote of 4-to-0, at 10:07 p.m., the Regular Meeting of Tuesday, December 10, 1996, was adjourned. The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Euille absent
Donley "aye" Rich out of room
Walker absent
* * * * *
APPROVED BY:
__________________________________________
KERRY J. DONLEY MAYOR
______________________________________________
Beverly I. Jett, CMC City Clerk
This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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