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Special Meeting
Wednesday, September 27, 2000 - - 7:30 p.m.
[in lieu of Regular Meeting of September 26, 2000]


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Present: Mayor Kerry J. Donley, Vice Mayor William C. Cleveland, Members of Council Claire M. Eberwein, William D. Euille, Redella S. Pepper, David G. Speck, and Joyce Woodson.

Absent: None.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Assistant City Manager; Ms. Bertsch, Acting Public Information Officer; Ms. Boyd, Director of Citizen Assistance; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Mr. Baier, Director of Transportation and Environmental Services; Mr. Ransom, Special Assistant to the City Manager for Human Relations; Mr. Dahlberg, Director of Code Enforcement; Ms. Oviatt, Director of Office on Women; Mr. Caton, Legislative Director; Ms. Barnett, Deputy Director of Recreation, Parks and Cultural Activities; Mr. Cox, Urban Planner, Planning and Zoning; Fire Chief Hawkins; Chief Fire Marshal Conner; Deputy Police Chief Hilleary; and Lieutenant Butler, Police Department.

Recorded by: Ms. Susan K. Seagroves, Deputy City Clerk and Clerk of Council.
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OPENING

The Meeting was called to Order by Mayor Donley, and the Deputy City Clerk called the Roll; all Members of City Council were present.

(It was noted that a Notice of this Special Meeting [in lieu of the Regular Meeting of Tuesday, September 26, 2000] had been previously served upon each Member of Council, pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the City Clerk and Clerk of Council.)

The Invocation was pronounced by Reverend Columbus Watson, Pastor of Beulah Baptist Church.

3. THERE BEING NO DISCUSSION, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Minutes for the Regular Meeting of Tuesday, September 12, 2000, as submitted. The voting was as follows:

Pepper "aye" Eberwein "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

4. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council received the Report of the City Clerk dated September 18, 2000, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/27/00, and is incorporated herewith as part of this record by reference. The voting was as follows:

Cleveland "aye" Eberwein "aye"
Pepper "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

5. Presentation of Proclamation Recognizing Members of the 1971 Titans Football Team.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/27/00, and is incorporated herewith as part of this record by reference.

A copy of The Titans poster is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5; 9/27/00, and is incorporated herewith as part of this record by reference.)

Mayor Donley presented the proclamation.

Coach Boone announced the formation of the '71 Original Titans Foundation by the team to raise money to provide at least five $2,000 scholarships to needy kids in the City each year in order to give back something to the City Council and people of Alexandria. On behalf of the team, cheerleaders and others who supported them, the team presented City Council with a poster of the team with all their names, and autographed by all those assembled.

Councilman Euille thanked the City Manager and his staff for the planning of this evening and the pep rally on very short notice. The turnout was exceptional.

WHEREUPON, upon motion by Councilman Euille and seconded by the entire Council, City Council endorsed the proclamation. The voting was as follows:

Euille "aye" Eberwein "aye"
Donley "aye" Pepper "aye"
Cleveland "aye" Speck "aye"
Woodson "aye"

6. Brief Presentation from the Living Wage Coalition to the City Council.

(A copy of the certificate presented to City Council is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 9/27/00, and is incorporated herewith as part of this record by reference.)

Reverend Morales and the members of the Northern Virginia Living Wage Coalition presented a certificate to Council thanking them for passing the living wage ordinance.


7. Presentation of Proclamation Proclaiming October as Domestic Violence Awareness 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. 7; 9/27/00, and is incorporated herewith as part of this record by reference.)

Councilwoman Eberwein presented the proclamation.

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

Pepper "aye" Eberwein "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"

8. Presentation of Proclamation Declaring the Week of October 8-14, 2000, as Fire Prevention 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. 8; 9/27/00, and is incorporated herewith as part of this record by reference.)

Councilwoman Woodson presented the proclamation.

Councilwoman Woodson requested that a videotape she has viewed be used in the schools for fire prevention, probably for junior high kids, and she will provide it to Chief Hawkins.

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

Woodson "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Euille "aye"
Speck "aye"

9. Presentation of Proclamation Proclaiming the Month of October as National Arts and Humanities Month.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/27/00, and is incorporated herewith as part of this record by reference.)

The proclamation was presented by Councilwoman Pepper.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unaimously, City Council endorsed the proclamation. The voting was as follows:

Pepper "aye" Cleveland "aye"
Euille "aye" Eberwein "aye"
Donley "aye" Speck "aye"
Woodson "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (10-13)

10. Receipt of Resignations from Members of Boards, Commissions and Committees:

(a) Alexandria Archaeological Commission
William Jack Hranicky

(b) Alexandria Community Policy and Management Team
Nancy H. Cady

(c) Historic Alexandria Resources Commission
William Jack Hranicky

(d) Alexandria Youth Policy Commission
Sam Dingman

(A copy of the above resignations is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item Nos. 10(a-d); 9/27/00, and is incorporated herewith as part of this record by reference.)

11. Receipt of the City's Monthly Financial Report for the Period Ending August 31, 2000.

(A copy of the City Manager's memorandum dated September 20, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/27/00, and is incorporated herewith as part of this record by reference.)

12. City Council Authorization of Recommended Capital Project Allocations and Planned Expenditures.

(A copy of the City Manager's memorandum dated September 20, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/27/00, and is incorporated herewith as part of this record by reference.)

13. Receipt of Alexandria Volunteer Fire Department 1998-1999 Annual Report.

(A copy of the City Manager's memorandum dated September 20, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/27/00, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Consent Calendar as presented. The City Manager's recommendations are as follows:

10. City Council received the resignations of (a) William Jack Hranicky from the Alexandria Archaeological Commission; (b) Nancy H. Cady from the Alexandria Community Policy and Management Team; (c) William Jack Hranicky from the Historic Alexandria Resources Commission; and (d) Sam Dingman from the Alexandria Youth Policy Commission; requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

11. City Council received the Monthly Financial Report for the period ending August 31, 2000.

12. City Council: (1) authorized the capital project allocations and planned expenditures for the capital projects as detailed in the summary of Capital Improvement Program Planned Expenditures; and (2) delegated to the City Manager, or his designee, authority to award contracts to the lowest responsible bidder for sanitary sewer reconstruction.

13. Vice Mayor Cleveland recognized the Volunteer Fire Department and thanked them for the great job they do. They do everything the firefighters do and save the City a lot of money in firefighter time.

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

END OF CONSENT CALENDAR

The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Speck "aye"
Woodson "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

14. Discussion Regarding a Public Hearing on Changes in Local Elections. (Councilman Speck)

(A copy of Councilman Speck's memorandum dated September 19, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/27/00, and is incorporated herewith as part of this record by reference.

A copy of an e-mail letter from Matthew Natale dated January 27, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 9/27/00, and is incorporated herewith as part of this record by reference.

A copy of a draft verbatim is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 14; 9/27/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, Councilman Speck made a motion, seconded by Councilman Euille, that Council rescind its previous action in rejecting a public hearing and docket for public hearing an invitation for the public to comment about local elections. Councilman Speck withdrew his motion, being aware that there were insufficient votes to pass this motion.

Members of Council spoke on this item.

Councilwoman Woodson explained that her abstention from the last vote was because she wanted some time to review the material which wasn't provided in the package. She generally doesn't vote in the absence of material that is supporting the question. She availed herself of this material, studied it, and was not prepared to support the motion, which is what she shared with Councilman Speck.

15. Receipt of the City of Alexandria, Virginia 2000 Annual Report, and Setting It for Public Hearing.

(A copy of the City Manager's memorandum dated September 20, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/27/00, and is incorporated herewith as part of this record by reference.

A copy of the City of Alexandria, Virginia 2000 Annual Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 9/27/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council received the City Manager's 2000 Annual Report and docketed the report for public hearing on Saturday, November 18. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Speck "aye"
Woodson "aye"

16. Consideration of the Master Plan for Dog Exercise Areas and Fenced Dog Parks which includes the Proposed Guidelines from the Park and Recreation Commission. (#25 9/16/00; #20 (a) 9/12/00; #18 6/27/00)

(A copy of the City Manager's memorandum dated September 25, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/27/00, and is incorporated herewith as part of this record by reference.

A copy of the report of the Alexandria Waterfront Committee dated September 27, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 9/27/00, and is incorporated herewith as part of this record by reference.

Correspondence received on this item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 16; 9/27/00, and is incorporated herewith as part of this record by reference.)

Members of City Council, Director of Recreation, Parks and Culturual Activities Whitmore and the City Manager participated in the discussion.

Councilwoman Woodson stated for the record that people are afraid of animals, not everyone, but enough people are afraid of animals that in open parks, like Founders Park, she is not comfortable with the idea of them being unleashed.

Councilman Speck asked that before the end of the year that a public hearing be held to hear from people as to how these changes are working. Mayor Donley suggested that the Park and Recreation Commission should look at it first, and Councilman Speck had no objection.

Councilwoman Pepper asked that staff review the letters and e-mail suggestions received by Council following the public hearing to see if there are any new ideas that could be incorporated into the plan.

The City Manager stated staff will accumulate comments over the next six months, in the spring bring whatever comments there are to the Park and Recreation Commission, and if there is a need to change something it will come back to Council.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Park and Recreation Commission's Master Plan for Dog Exercise Areas and Fenced Dog Parks as amended to include the guidelines for establishing new fenced dog parks and dog exercise areas and the following changes to specific areas: (A) Area 1 - Founders Park - The Founders Park dog exercise area will remain located where it is currently delineated near Union Street, and staff will continue to monitor this area. Staff will recommend to the City Manager by April 2001, if further action is necessary. If, at a later date, the dog exercise area is determined to be unsatisfactory for all users of Founders Park, an alternative location will be considered; (B) Area 16 - Holmes Run - Pickett Street behind the CVS was originally recommended as a new dog exercise area. It is now recommended that this area not be included at this time on the list of proposed new dog exercise areas; (C) Area 17 - New area behind George Mason School - Staff will return to Council with a recommendation regarding the proposed new designation or the use of fencing in this area by December 2000, after reevaluating this area with all area users; and (D) Area 21 - Chetworth Park at Chetworth Place - The language in the Master Plan has been changed to read: "When the Potomac Yard Fenced Dog Park and/or an additional site in this neighborhood is located, this fenced dog park will be reevaluated." The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Speck "aye"
Woodson "aye"

ORDINANCES AND RESOLUTIONS

17. Second Reading and Final Passage of AN ORDINANCE to add a new Section 6-1-2.2 to the City Code, to authorize the city manager to establish dog exercise areas in the city, and to provide regulations for the use of such areas. (#26 9/16/00; #20(b) 9/12/00) [ROLL-CALL VOTE]

The Deputy City Clerk read the docket item.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the Ordinance on its Second Reading and Final Passage. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye' Eberwein "aye"
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4162

AN ORDINANCE to amend Chapter 1 (GENERAL PROVISIONS), Title 6 (PARKS, RECREATION AND CULTURAL ACTIVITIES) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Section 6-1-2.2 (PUBLIC PARKS AND PLAYGROUNDS -- DOG EXERCISE AREAS; DESIGNATION BY CITY MANAGER; PROHIBITED CONDUCT).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 1 of Title 6 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Section 6-1-2.2 to read as follows:

Sec. 6-1-2.2 Same--dog exercise areas; designation by city manager; prohibited conduct.

(a) As used in this section:

(1) "Commercial dog handler" shall mean any person who boards, keeps, handles or walks dogs owned by another person for compensation.

(2) "Dog exercise area" shall mean an area of open space, owned or controlled by the city and fenced or unfenced, which has been designated and posted as a dog exercise area by the city manager, pursuant to this section.

(3) "Owner" shall mean any person having a right of property in a dog, and any person who keeps or harbors a dog or has it in his care or control, or who acts as its custodian, including, but not limited to, a commercial dog handler, and any person who permits a dog to remain on or about any premises occupied by him.

(b) The city manager may designate and post dog exercise areas in the city, in accordance with the provisions of this section and of the "Dog Exercise Areas and Fenced Dog Parks Master Plan," adopted by city council on September 27, 2000, as such provisions may be amended by the council from time to time.

(c) Within a dog exercise area, dogs under the care, custody and control of an owner are permitted to run free, without a leash, lead or other restraint, but subject to the provisions of this section, and to any rules or regulations promulgated by the city manager pursuant to this section, and applicable within such dog exercise area.

(d) No such owner shall have in a dog exercise area:

(1) more than three dogs;

(2) a dog that is not in such owner's view and under his or her voice control;

(3) a dangerous dog as defined in section 5-7-31(c);

(4) a vicious dog as defined in section 5-7-31(l);

(5) a female dog in season;

(6) a dog that is less than 4 months old;

(7) if such owner is a resident of the city, a dog that is not inoculated and licensed in accordance with sections 5-7-38 and 5-7-47 of this code;

(8) if such owner is not a resident of the city, a dog that has not been inoculated with an anti-rabic vaccine that is in accordance with the latest edition of the "Compendium of Animal Rabies Control" issued by the National Association of State Public Health Veterinarians, Inc., and evidence that such dog has been inoculated.

(e) No child less than 16 years of age shall be permitted in a dog exercise area which is fully enclosed by a fence unless accompanied by an adult.

(f) The city manager may promulgate such additional rules and regulations, not inconsistent with the provisions of this section and of the "Dog Exercise Areas and Fenced Dog Parks Master Plan," as he deems necessary and appropriate to implement or enforce the provisions of this section.

(g) The director of recreation, parks and cultural activities shall cause one or more signs to be posted in a visible location in any dog exercise area. Such signs shall inform the public of the existence of the dog exercise area, the geographic limits of the area, the limitations imposed by subsection (d), subsection (e) if applicable, and such other rules and regulations promulgated by the city manager as may be applicable.

(h) Any person who violates any provision of this section shall be liable for a class four civil penalty, as prescribed in section 1-1-11 of this code.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 09/12/00
First Reading: 09/12/00
Publication: 09/14/00
Public Hearing: 09/16/00
Second Reading: 09/27/00
Final Passage: 09/27/00

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18. Second Reading and Final Passage of AN ORDINANCE to amend the provisions of Title 5, Chapter 7, Article C of the City Code, which relate to keeping dogs under restraint. (#27 9/16/00; #20(c) 9/12/00) [ROLL-CALL VOTE]

(A copy of a letter from Arthur G. Randol dated September 24, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/27/00, and is incorporated herewith as part of this record by reference.)

The Deputy City Clerk read the docket item.

Members of Council, Director of Recreation, Parks and Cultural Activities Whitmore, and City Attorney Pessoa participated in an extensive discussion on this item.

WHEREUPON, a motion was made by Councilman Euille and seconded by Councilwoman Pepper to finally pass the Ordinance on its Second Reading and Final Passage.

Councilwoman Woodson offered a friendly amendment to amend section 5-7-35 to insert "physical" in any reference to "restraints"; which friendly amendment was accepted by the maker and seconder of the motion.

THEREUPON, upon motion by Councilwoman Eberwein, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-2, City Council amended the motion to raise the fee for non-neutered dogs from $10 to $30. The voting was as follows:

Eberwein "aye" Euille "no"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "no"
Woodson "aye"

City Council returned to the original motion which reads as follows:

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-1, City Council finally passed the Ordinance on its Second Reading and Final Passage, as amended, by inserting the word "physical" in any reference to "restraints," and that the fee for non-neutered dogs be raised from $10 to $30. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Speck "no"
Woodson "aye"

The ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 4163

AN ORDINANCE to amend and reordain Sections 5-7-31 (DEFINITIONS), 5-7-35 (KEEPING DOGS UNDER PHYSICAL RESTRAINT), 5-7-42 (FEMALE DOGS IN SEASON; ALLOWING DOGS TO URINATE, ETC.; NOISY DOGS; OFFENSIVE ODORS FROM DOGS; DOGS PROHIBITED ON POSTED PLAYGROUND AREAS AND ON SCHOOL GROUNDS), 5-7-44 (APPOINTMENT AND POWERS OF CHIEF ANIMAL CONTROL OFFICER AND DEPUTY ANIMAL CONTROL OFFICERS), and 5-7-48 (LICENSE--TAX IMPOSED; TAX RATES; WHEN TAX PAYABLE), all of Article C (DOGS AND OTHER ANIMALS), Chapter 7 (ANIMALS AND FOWL), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES), of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-7-31 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-7-31 Definitions.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purposes of this article, have the following meanings:

(a) Animal control officer. Any person appointed as the chief animal control officer or a deputy animal control officer under section 5-7-44 of this code.

(b) Animal shelter. The facility designated by the city manager for the detention of animals.

(c) Dangerous dog. Any dog which is capable of inflicting death or serious injury on a person or another animal and which:

(1) has, without provocation, attacked or bitten a person engaged in a lawful activity;

(2) has, while off the property of its owner and without provocation, killed or seriously injured another animal;

(3) has, without provocation, chased, confronted or approached a person on a street, sidewalk or other public property in a menacing fashion such as would put an average person in fear of attack;

(4) has exhibited a propensity, tendency or disposition to attack, cause injury or threaten the safety of persons or other animals without provocation; or

(5) has acted in a manner that causes or should cause its owner to know that it is potentially vicious.

(d) Dog. The word "dog" shall include both the male and female sex of the species.

(e) Commercial dog handler. Any person who boards, keeps, handles or walks dogs owned by another person for compensation.

(f) Dwelling unit. A group of one or more rooms designed or intended for use as a residence, including a single-family home, a townhouse, a duplex, a condominium and an apartment.

(g) Hearing dog. Any dog specially trained to alert its owner by touch to sounds of danger or other sounds to which the owner should respond.

(h) Law enforcement officer. Any employee of the Alexandria police department who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth.

(i) Owner. A person having a right of property in a dog or cat, and any person who keeps or harbors a dog or cat or has it in his care or control, or who acts as its custodian, including, but not limited to, a commercial dog handler and any person who permits a dog or cat to remain on or about any premises occupied by him.

(j) Run or running at large. Roaming or running off the premises of its owner not secured by a leash, lead or other means of physical restraint, which leash, lead or other means of physical restraint is not harmful or injurious to the dog and which is held by a responsible person capable of physically restraining the dog.

(k) Seeing-eye dog. Any dog that is specially trained to serve as a guide for a blind person.

(l) Service dog. Any dog that is specially trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or performing other activities of service or support.

(m) Vicious dog. Any dog which:

(1) has caused death or serious injury to a person engaged in a lawful activity;

(2) has, on two or more occasions within a 12-month period, attacked or bitten without provocation a person engaged in a lawful activity;

(3) has, on two or more occasions within a 12-month period, while off the property of its owner and without provocation, killed or seriously injured another animal; or

(4) has been trained for dog fighting or is owned or kept for the purpose of dog fighting.

Section 2. That Section 5-7-35 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-7-35 Keeping dogs under physical restraint.

(a) Except as provided below, it shall be unlawful for the owner of any dog to permit the dog to be off the premises of its owner unless it is kept secured by a leash, lead or other means of physical restraint which leash, lead or other means of physical restraint is not harmful or injurious to the dog and which is held by a responsible person capable of physically restraining the dog.

(b) The leash, lead or other means of physical restraint may be removed from a dog in a designated and posted dog exercise area, as provided in section 6-1-2.2 of this code.

(c) The leash, lead or other means of physical restraint may be removed from a dog on private property, other than the property of the owner; provided that the owner or person in control of such private property has permitted such dog to be present without a leash, lead or other means of physical restraint.

Section 3. That Section 5-7-42 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-7-42 Female dogs in season; allowing dog to urinate, etc.; noisy dogs; offensive odors from dogs; dogs prohibited on posted playground areas and on school grounds.

The following conduct is declared a nuisance and is prohibited. It shall be unlawful for the owner of a dog to:

(1) Fail to keep his female dog confined during the entire time the dog is in season in a building or secure enclosure in such a manner that the female dog cannot come into contact with a male dog except for planned breeding.

(2) Knowingly or willfully allow his dog to urinate or defecate on the private property of other persons without their consent or that of the authorized agent of the one having control of the premises.

(3) Knowingly or willfully allow his dog to urinate or defecate on public property; provided, that urination by a dog on curbs of streets and in alleys, streets or areas designated and posted as dog exercise areas in accordance with section 6-1-2.2 shall not constitute a violation of this section; and provided further, that defecation by a dog on public property out of doors shall not constitute a violation of this section if the owner of the dog immediately removes the material defecated and disposes of it in a manner not inconsistent with the provisions of this section.

(4) Keep dogs which bark or howl to such extent as to annoy any resident or keep dogs in such a manner as to cause offensive odors.

(5) Permit his dog, except a seeing-eye, service or hearing dog, to go upon any public property posted by the city manager as a playground area, or upon the grounds of any public school.

Section 4. That Section 5-7-44 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-7-44 Appointment and powers of chief animal control officer and deputy animal control officers.

A chief animal control officer shall be appointed by city council and may be removed by council or the city manager. The city manager may appoint one or more deputy animal control officers, who may be removed by the manager, to assist the chief animal control officer in the performance of her duties. The chief animal control officer and deputy animal control officers shall, within the city and subject to any limitations imposed as a condition of their appointment, have the powers of an animal control officer as conferred by the Code of Virginia (1950), as amended, the powers of a state game warden as conferred by the city charter in the enforcement of the dog laws of the city, and the power to enforce the provisions of this article and section 6-1-2.2 of this code.

Section 5. That Section 5-7-48 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-7-48 Same--tax imposed; tax rates; when tax payable.

There is hereby imposed an annual license tax on dogs and cats, except that no license tax shall be levied on any hearing dog, seeing-eye dog or service dog for each calendar year at the following rates, and due and payable as follows:

(1) For any male or female dog or cat which shall be four months old or older on or before January 31 of the year, the license tax for that year shall be $30 for a dog, and $10 for a cat, and shall be paid by the owner on or before January 31 of said year;

(2) If any male or female dog or cat shall become four months of age, or if a dog or cat of that age or older shall come into the possession of an owner, between January 31 and November 1 of any year, the license tax for that year shall be $30 for a dog, and $10 for a cat, and shall be paid by the owner within 10 days of the dog or cat attaining the age of four months or coming into the possession of the owner;

(3) If any male or female dog or cat shall become four months of age, or if a dog or cat of that age or older shall come into the possession of an owner, after October 31 of any year, the license tax of $30 for a dog, and $10 for a cat, for the succeeding calendar year shall be paid by the owner within 10 days of the dog or cat attaining the age of four months or coming into the possession of the owner;

(4) For any spayed or neutered dog or cat, the provisions of this section shall apply but the annual license tax shall be $10 for a dog, and $2 for a cat; and

(5) If any dog or cat coming into the possession of an owner on or before October 31 of any year has a current license in another jurisdiction, a full credit shall be allowed on the cost of obtaining the first city license.

Section 6. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 09/12/00
First Reading: 09/12/00
Publication: 09/14/00
Public Hearing: 09/16/00
Second Reading: 09/27/00
Final Passage: 09/27/00

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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

19. Consideration of Report on Traffic Calming and City Efforts to Address Citizen Concerns about Traffic Issues. (#22 6/27/00)

(A copy of the City Manager's memorandum dated September 22, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/27/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, City Council: (1) Received the report, released it for public review and docketed it for public hearing at Council's Saturday, November 18 Public Hearing meeting; and (2) At the Tuesday, November 28 Council meeting, approve, in concept and subject to future funding considerations, the actions staff propose to undertake to address those traffic concerns presented by citizens and citizen associations in response to the citywide traffic survey that have not yet been addressed. Staff will return to Council soon after the beginning of the year, with an estimate of the costs to undertake these actions, and a plan for undertaking them. The voting was as follows:

Pepper "aye" Cleveland "aye"
Euille "aye" Eberwein "aye"
Donley "aye" Speck "aye"
Woodson "aye"

20. Consideration of Report on Continuation of the Gridlock Intervention Program.

(A copy of the City Manager's memorandum dated September 20, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/27/00, and is incorporated herewith as part of this record by reference.)

Deputy Police Chief Hilleary addressed questions directed to him by Councilman Speck. The City Manager participated in the discussion.

Councilwoman Woodson brought up another gridlock problem that has nothing to do with this particular program but has to do with pedestrian traffic at T.C. Williams High School. It's a type of gridlock at lunchtime and it's frightening and dangerous.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council: (1) continued the Gridlock Intervention Program, resuming evening rush hour coverage (beginning October 2) Monday through Friday except holidays, and continuing it through the remainder of FY 2001; (2) authorized the establishment of 5 new, permanent Parking Enforcement Officer III positions; (3) approved an additional career ladder opportunity for Parking Enforcement Officer III that will, in addition to the issuance of parking citations, assume additional responsibilities for staffing the Gridlock Intervention Program; and (4) appropriated $205,315 ($167,315 to the FY 2001 Police Department General Fund budget to pay for salaries, benefits, and equipment and $38,000 to the City's Internal Services Fund to pay for 2 vehicles) to pay for these 5 positions ($165,060 of this amount will come from the City's contingent reserve account, and $40,255 will come from increased parking ticket revenue generated by the new positions). The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Speck "aye"
Woodson "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL.

(a) Councilman Euille encouraged citizens to become blood donors. There is a severe blood shortage both locally and nationally. Citizens can call the local chapter of the Alexandria Red Cross at 703-549-8300 to find the dates and times for blood drives. The Red Cross holds blood drives on the second Thursday of each month, and the next drive is on Thursday, October 12. Call 1-800-448-3256 and they will tell you based on where you live various sites to go to donate blood.

(b) Councilman Euille stressed staff to monitor the new federal fuel relief program recently announced by President Clinton to be certain that Alexandria affords itself of the opportunity to seek a grant from the Commonwealth of Virginia to support our needs in the City for our residents.

(c) Councilwoman Pepper reported that Alexandria is getting national coverage on the Titans movie. Denzel Washington was on the Rosie O'Donnell show talking about the wonderful City of Alexandria.

(d) Councilman Speck requested an update on the status of the King Street underpass, the improvements to it and how things are going with CSX. The City Manager reported that a letter is going to CSX from the Mayor giving an update on what we have done and what still needs to be done. Transportation and Environmental Services Director Baier reported that a new pedestrian-activated signal has been installed just east of the overpass. They have pressure washed underneath the structure, the abutments and sidewalks, and put two coats of a paint product to coat the splash guards and on the abutments themselves. The same things will be done on the Commonwealth overpass. CSX is to remove the chicken wire and do some wood repairs. We are looking to work with CSX getting some estimates and getting them into sandblasting and painting the entire structure. However, as expressed by CSX, they have 50,000 bridges across the country and this bridge, upon inspection, didn't really look any worse than other bridges.

(e) Councilman Speck related that at the last meeting, Council made a decision to increase penalties as they relate to drivers and their adherence to pedestrian signals and crossings. The other side of that is the extent to which pedestrians and bicyclists engage in unsafe practices, and are we doing anything to strengthen our enforcement of bad pedestrian and cycling practices. Transportation & Environmental Services Director Baier reported they are going out with members of the bike commission with Parks and Recreation to beef up signage and street markings. The police have the authority to cite pedestrians and bicyclists for violations but it is infrequent that this occurs because of so many other demands. Instead, a public education effort could be undertaken and then some increased enforcement could be discussed. Mayor Donley suggested that perhaps the bike study committee could look at this issue of traffic laws and perhaps they could take a look at education or outreach efforts to educate the public on the adherence of the safety law before getting into a major enforcement effort.

(f) Councilman Speck took a recent field trip with AEDP to Mount Vernon Avenue which he found very helpful. He asked if Council would be interested in an AEDP-organized tour to Mount Vernon Avenue and Duke Street. The City Manager will put together a tour package, set the date and notice it, and those who wish to attend can do so.

(g) Councilwoman Eberwein will be writing a memorandum to Council requesting that at the Retreat, Council talk about the role of AEDP and how they interact with the planning department and how much flexibility Council will be providing to the new planning director as to how it is set up now.

(h) Councilwoman Woodson reminded the audience that elections are coming up, and there is about a week to register to vote. There are very important elections coming up in November.

(i) Councilwoman Woodson asked Transportation & Environmental Services Director Baier to tell the audience about the VDOT-sponsored Van Dorn meeting to discuss the safety project between Edsall and Pickett at Polk Middle School tomorrow, September 28, from 5 - 8 p.m. You can drop in at any time during that time period and make comments.

(j) Mayor Donley announced next year's 2001 Alexandria Technology Achievement Award and Technology Achievement Week, coming up March 12-16, 2001. Notices soliciting nominations are going out this week, and he encouraged that nominations be made to the Alexandria Chamber of Commerce by the deadline of October 31.

ORDINANCES AND RESOLUTIONS (continued)

21. Consideration of a Resolution and Grant Applications for the Virginia Department of Housing and Community Development for FY 2001 Continuation Funding of the State Homeless Housing Assistance Resources (SHARE) Program and Approval of Share Applications Submitted by Alexandria Non-Profit Organizations. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated September 20, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/27/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council: (1) approved the grant applications and adopted the Governing Body Resolution requesting that the Virginia Department of Housing and Community Development continue funding, from the FY 2001 SHARE Program's state Shelter Support Grant (SSG) and Federal Shelter Grant (FSG) components for the Alexandria Community Shelter and the Office on Women Domestic Violence Program, which are the two programs under the SHARE grant operated directly by the City; (2) approved the Certification of Local Approval, authorizing the submission of grant applications for the FSG, which will provide funding for eight non-profit organizations currently eligible for FSG funding under the SHARE program. These organizations are: ALIVE! the Arlington-Alexandria Coalition for the Homeless, The Campagna Center as This Way House, Catholic Charities for Christ House, The Carpenter's Shelter, Community Lodgings, Inc., Friends of Guest House, and The Salvation Army; and (3) authorized the City Manager to execute all necessary documents. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Speck "aye"
Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1979

WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development has issued a Notice of Funding Availability and requested applications under the SHARE Grant program;

WHEREAS, assistance is needed to effectively and adequately address the shelter and housing needs of homeless persons in the City of Alexandria;

WHEREAS, SHARE Grant Applications for grants under this program have been prepared;

WHEREAS, Philip Sunderland, City Manager, can act on behalf of the City of Alexandria and will sign all necessary documents required to complete the grant transactions;

WHEREAS, a local dollar-for-dollar cash or in-kind match, under the SHARE Grant guidelines will be provided;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alexandria hereby authorizes Philip Sunderland, City Manager, to apply for and accept the grants, enter into a grant agreement with Virginia Department of Housing and Community Development and perform any and all actions and responsibilities in relation to such agreement.
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OTHER

22. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated September 20, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/27/00, and is incorporated herewith as part of this record by reference.

A copy of the City Council Schedule, revised version of 9/27/00, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 9/27/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Cleveland and carried unanimously, City Council added to the Council Calendar the following events: (1) Tuesday, October 24, The Summer Jobs for Alexandria Youth 2000 Employer Recognition and Reception on Tuesday, October 24, from 5:30 p.m. to 7:00 p.m. in Room 2000 of City Hall; (2) Saturday, November 11, Special Veterans Day Ceremony on Saturday, November 11, from 2:00 p.m. to 3:30 p.m., with a program at 2:30 p.m. at the Mt. Vernon Recreation Center, 2601 Commonwealth Avenue; and (3) Saturday, June 2, Alexandria Earth Day on Saturday, June 2, 2001, at Four Mile Run Park. A corrected calendar was distributed to show that the Burke Library community meeting mentioned in the memorandum is scheduled for Tuesday, October 3. The voting was as follows:

Euille "aye" Eberwein "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"

CONTESTED APPOINTMENTS

23. Alexandria Commission for Women
4 Citizen Members

(The following persons volunteered or were recommended for appointment to the above Commission:)

NAME ENDORSED BY:

William Burlew

Susan Butler*

Tracey Cain

Dianne Cherry Christina Messina-Boyer

Catherine Christ

Angela Freeman
(Residency Waiver Required)

Donna Gehlhaart

Charniele Herring

Kathryn Hill

Kelli Kobor

Ainslie MacGibbon
(Residency Waiver Required)

Mary Maul

Christine Messina-Boyer*

Sarah Posner Christina Messina-Boyer

Daria Rendon

Susan Ross-O'Brien

Rebecah Shepherd

Patricia Tutt

Lisa Webster

*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. 23; 9/27/00, 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 Susan Butler and Christine Messina-Boyer and appointed Dianne Cherry as Citizen Members to the Alexandria Commission for Women. Since there was a tie vote among William Burlew, Charniele Herring and Mary Maul, there had to be a second balloting. The voting was as follows:

Donley - Butler, Herring, Maul, Messina-Boyer
Cleveland - Butler, Cherry, Christ, Messina-Boyer
Eberwein - Butler, Herring, Maul, Messina-Boyer
Euille - Burlew, Butler, Cherry, Messina-Boyer
Pepper - Burlew, Cherry, Messina-Boyer, Posner
Speck - Butler, Cherry, Messina-Boyer, Ross-O'Brien
Woodson - Butler Cherry, Maul, Messina-Boyer
* * * * *

Thereupon, ballots were again distributed, tellers were again appointed and the ballots again tallied with the following result: Mary Maul was appointed as a Citizen Member to the Alexandria Commission for Women. The voting was as follows:

Donley - Herring
Cleveland - Herring
Eberwein - Herring
Euille - Maul
Pepper - Maul
Speck - Maul
Woodson - Maul
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24. Historic Alexandria Resources Commission
1 Representative from Planning District I

1 Representative from Planning District II

(The following persons volunteered for appointment to the above Commission:)

NAME ENDORSED BY:

1 Representative from Planning District I

William Boylan

Ann Horowitz

Charles Martel

Kleber Masterson, Jr.*

David Smith

Paul Will

1 Representative from Planning District II

Christopher Brunton

Patrick Butler*

Kathleen Fletcher

*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. 24; 9/27/00, 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 Kleber Masterson, Jr. as a Representative from Planning District I and Patrick Butler as a Representative from Planning District II to the Historic Alexandria Resources Commission. The voting was as follows:

Donley - Masterson, Butler
Cleveland - Masterson, Butler
Eberwein - Horowitz, Butler
Euille - Masterson, Butler
Pepper - Masterson, Butler
Speck - Masterson, Butler
Woodson - Horowitz, Butler
* * * * *

New Business Item No. 1: WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Cleveland and carried unanimously, at 9:56 p.m., City Council convened in executive session at this time, pursuant to Section 2.1-344(A)(3) of the Code of Virginia, for the purpose of discussing the acquisition of real property for public, recreational use purposes. The voting was as follows:

Woodson "aye" Euille "aye"
Cleveland "aye" Eberwein "aye"
Donley "aye" Pepper "aye"
Speck "aye"

THEREUPON, upon motion by Councilman Speck, seconded by Councilman Euille and carried unanimously, at 10:16 p.m., City Council reconvened the meeting. The voting was as follows:

Speck "aye" Cleveland "aye"
Euille "aye" Eberwein "aye"
Donley "aye" Pepper "aye"
Woodson "aye"

WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution pertaining to the executive session. The voting was as follows:

Woodson "aye" Eberwein "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Speck "aye"

The resolution reads as follows:
RESOLUTION NO. 1980

WHEREAS, on the 27th day of September 2000, 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 Vice Mayor Cleveland, seconded by Councilman Euille and carried unanimously, at 10:18 p.m., the Special Meeting of Wednesday, September 27, 2000, was adjourned. The voting was as follows:

Cleveland "aye" Eberwein "aye"
Euille "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"
* * * * *

APPROVED BY:



_____________________________________
KERRY J. DONLEY MAYOR

ATTEST:



____________________________________
Susan K. Seagroves, Deputy 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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