Action Docket for Regular Meeting (04/08/2003)

Office of the City Clerk
April 9, 2003

Regular Meeting
Tuesday, April 8, 2003 - - 7:30 p.m.

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OPENING

1. Calling the Roll.

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

2. Invocation -- Moment of Silence.

City Council observed a moment of silence and then recited the Pledge of Allegiance.
Council Action:_________________________________________________________

3. Reading and Acting Upon the Minutes of the Following Meeting of City Council:

(a) The Regular Meeting of March 25, 2003.

City Council approved the Minutes of the Regular Meeting of March 25, 2003, as submitted.
Council Action:_________________________________________________________

4. Report of the City Clerk.

City Council received the report of the City Clerk.
Council Action:_________________________________________________________

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

5. Recognition of the T.C. Williams Key Club.

City Council recognized the T. C. Williams High School Key Club.
Council Action:_________________________________________________________

OPENING (continued)

6. Presentation of Proclamation Recognizing Sunday, April 27 through Sunday, May 4, 2003, as Days of Remembrance in the City of Alexandria.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

OPENING (continued)

7. Presentation of Proclamation Proclaiming the Month of April 2003, as Child Abuse Prevention Month in the City of Alexandria.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

8. Presentation of Proclamation Proclaiming the Month of April as Fair Housing Month in the City of Alexandria.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

9. Presentation of Proclamation Proclaiming the Week of April 27 through May 3, 2003, as Alexandria Volunteer Week in the City of Alexandria.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

10. Presentation of Proclamation Proclaiming Saturday, April 26, 2003, as Earth Day in the City of Alexandria.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (11-15) (19-21)

11. Receipt of the Following Resignations From Members of Boards, Commissions and Committees:

(a) Alexandria Woodrow Wilson Bridge Neighborhood Task Force
Harold J. Arata

(b) Alexandria Commission for the Arts
Ann-Clayton Everett

(c) Alexandria Community Services Board
Herbert L. Karp

12. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Affordable Housing Advisory Committee
1 Residential Tenant in the City

1 Landlord of Residential Property in the City

(b) Alexandria-Caen Exchange Committee
1 Citizen Member

(c) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Member Designated by Councilwoman Joyce Woodson

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

CONSENT CALENDAR (continued)

(d) Alexandria Commission on Aging
1 Representative of A Health Care Provider Organization

(e) Alexandria Commission on HIV/AIDS
1 Representative of the Alexandria Interfaith Association

(f) Alexandria Commission on Persons With Disabilities
1 Representative From the Alexandria Commission on Aging

(g) Alexandria Convention and Visitors Association Board of Governors
1 Restaurant Owner/Manager Representative

(h) Alexandria Early Childhood Commission
1 Member of the Alexandria Economic Opportunities Commission

(i) Alexandria George Washington Birthday Celebration Committee
1 Representative From the Business Community Nominated
by the Alexandria Chamber of Commerce

(j) Historic Alexandria Resources Commission
1 Business Representative

(k) Alexandria Landlord-Tenant Relations Board
1 Landlord or Representative of A Landlord

(l) Alexandria Local Emergency Planning Committee
1 Representative of A Community Group

(m) Alexandria Social Services Advisory Board
2 Citizen Members

13. Receipt of the Alexandria Commission for the Arts Fiscal Year 2001-2002 Annual Report.

14. Receipt of the Fiscal Year 2002 Annual Report of the Alexandria Commission on HIV/AIDS.

15. Consideration of a Grant Application for the Summer Food Service Program for Children.

END OF CONSENT CALENDAR

City Council approved the Consent Calendar as presented. The City Manager's recommendations are as follows:

11. City Council received the following resignations with regret: (a) Harold J. Arata from the Alexandria Woodrow Wilson Bridge Neighborhood Task Force; (b) Ann-Clayton Everett from the Alexandria Commission for the Arts; and (c) Herbert L. Karp from the Alexandria Community Services Board; requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

CONSENT CALENDAR (continued)

12. City Council: (a) appointed Kerry-Ann Powell as a Residential Tenant in the City, and waived the residency requirement of William Nussbaum and appointed him as a Landlord of Residential Property in the City to the Alexandria Affordable Housing Advisory Committee; (b) appointed L. Diane Wood as a Citizen Member to the Alexandria-Caen Exchange Committee; (c) appointed Steven Abrahamson as a Member Designated by Councilwoman Joyce Woodson to the Alexandria Budget and Fiscal Affairs Advisory Committee; (d) waived the residency requirement and appointed Lisa Wright as a Representative of a Health Care Provider Organization to the Alexandria Commission on Aging; (e) appointed George Dumas as a Representative of the Alexandria Interfaith Association to the Alexandria Commission on HIV/AIDS; (f) appointed Kathryn Edwards as a Representative from the Alexandria Commission on Aging to the Alexandria Commission on Persons with Disabilities; (g) appointed Patrick Gaffney as a Restaurant Owner/Manager Representative to the Alexandria Convention and Visitors Association Board of Governors (ACVA); (h) appointed Gila Harris as a Member of the Alexandria Economic Opportunities Commission to the Alexandria Early Childhood Commission; (i) reappointed Joseph Shumard as a Representative from the Business Community Nominated by the Alexandria Chamber of Commerce to the Alexandria George Washington Birthday Celebration Committee; (j) reappointed Florence King as a Business Representative to the Historic Alexandria Resources Commission; (k) reappointed Christopher Brunton as a Landlord or Representative of a Landlord to the Alexandria Landlord-Tenant Relations Board; (l) reappointed Karen Helbrecht as a Representative of a Community Group to the Alexandria Local Emergency Planning Committee; and (m) appointed Matthew Livingston and Spencer Tacktill as Citizen Members to the Alexandria Social Services Advisory Board.

13. City Council received the report and thanked the Alexandria Commission for the Arts for its efforts on behalf of the arts and the City.

14. City Council received the Annual Report from the Alexandria Commission on HIV/AIDS and thanked the Commission for its efforts on behalf of the City.

15. City Council authorized the City Manager to: (1) submit the grant application to the U.S. Department of Agriculture for its continuation funding, in the amount of $112,000 in estimated program income; and (2) execute all necessary documents that may be required.

This grant application is due to the U.S. Department of Agriculture on May 16, 2003. To meet the application deadline, staff will submit the grant proposal to the agency, contingent upon City Council's approval at its April 8, 2003 session. It should be noted that there are no funds available in the City budget to continue these activities once the grant funds are expended.

19. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 12, 2003.

20. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 12, 2003.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

CONSENT CALENDAR (continued)

21. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 12, 2003.

END OF CONSENT CALENDAR
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

16. Consideration of a Reimbursement Cost-Share Program for Back-Flow Preventers for Four Mile Run and Commonwealth Sewer Service Areas.

Councilwoman Woodson noted that there is also money that the City provides to homeowners who fall within certain income ranges, as well as the elderly, to fix their property that is in poor shape. She questioned whether they could also use it for this kind of preventive maintenance. Ms. Woodson requested staff to look at the legislation that governs the rehabilitation program to see if it could be used given these circumstances. The City Manager will explore the issue and report back to Council with suggestions.

Councilwoman Eberwein requested T&ES Director Baier to get in touch with David Nichols regarding his e-mail on this subject to find out exactly what kind of equipment he has. Try to find out if it's the type of equipment that you're suggesting or the effectiveness of his equipment.

City Council: (1) approved the cost-sharing program for the installation of back-flow preventers as described in the City Manager's memorandum dated April 3, 2003; and (2) authorized the City Manager to take the steps necessary and desirable to implement the program.
Council Action:_________________________________________________________

17. Verbal Report of the Presentation of the Annual Report by First Night Alexandria's Executive Director Ann Dorman.

City Council recognized First Night Alexandria Executive Director Ann Dorman and President David Martin who thanked the City Council for its support. In addition, Ms. Dorman provided Council with some statistics on the success of the December 31, 2002, First Night Alexandria celebration. Ms. Dorman presented City Council with a framed poster as a thank you and is to be placed in the Council Office.

Councilman Euille suggested that First Night make brochures available for the Arts Festival which is to take place in September.
Council Action:_________________________________________________________

18. Verbal Report on the Three Corners of Lower King Street.

Assistant City Manager Jinks and Planning and Zoning Deputy Director Ross provided Council with an update on the three corners of lower King Street.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilwoman Pepper extended condolences to School Board Member Gwen Lewis whose husband, Mel Lewis, recently passed way unexpectedly. Services will be held on Friday, April 11, at 11:00 a.m., at the Alfred Street Baptist Church. Meeting with the family will be at 10:30 a.m.

(b) Councilwoman Pepper congratulated the Chamber of Commerce on an absolutely wonderful 17th Annual Public Safety Valor Awards luncheon. It was very well attended, and we're very proud of those who were recognized.

(c) Councilwoman Pepper congratulated Christina L Gutierrez, teacher at T.C. Williams High School, for being honored by The Washington Post as a recipient of an Agnes Meyer Award.
Council Action:_________________________________________________________

REPORT FROM THE CITY MANAGER

(a) City Manger Sunderland reported that the City has received notice this week that it is being reimbursed by the state for a little over $100,000 of our sniper costs. This represents approximately 50 to 60% of what the total costs were.

(b) The City Manager announced that the Fort Ward Museum has won the Joseph Harsh Award for professional achievement and contributions to promoting and preserving local Civil War History.

(c) Mr. Sunderland was pleased to announce the recipients of the 2003 Public Safety Valor Awards as follows: Gold Medal, the highest award for valor and heroism: Fire Lieutenant Wayne Bryant and Police Officers Nancy Everard and Numa Landry. Silver Medal, the second highest award for bravery and heroism: Police Sergeant Steven Carr, Investigator Ned Thompson and Police Officers Jeffrey Ash, John Lytle, William Mayfield, Douglass Serven, Jeffrey Stovall, and Seth Weinstein and Deputy Sheriff John O'Hara and Sheriff Sergeant Janice Parker. Certificates of Valor were awarded to Police Officers Brian Fromm and Kurt Dove. Lifesaving awards were presented to EMTs Jeannie Robinson and Khoa Tran. The luncheon was very well done by the Chamber of Commerce and was appreciated.

(d) Manager Sunderland noted that Christmas in April is on April 26. We have a home for anyone who wants to participate. It's a home that doesn't require a great deal of work.

(e) City Manager Sunderland indicated a couple new budget memos were placed in Council's boxes today. In addition, a memorandum on affordable housing initiatives and the proposal to create an Alexandria-based non-profit housing corporation was also placed in the box. This will be brought back to Council either in late April or May to have a discussion on it. The memo suggests putting together a committee of folks in the City to begin planning for it, doing a lot thinking and then coming back with Articles of Incorporation, if possible, by the end of June. He is going to get the committee together to bring back some thoughts to the Council.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

CONSENT CALENDAR (19-21)

19. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to adopt the Eisenhower East Small Area Plan as a chapter of the 1992 Master Plan of the City of Alexandria.

20. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to amend the map and text of the Zoning Ordinance of the City of Alexandria to implement the Eisenhower East Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria.

21. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to amend the fire prevention regulations in the City Code to establish a fire protection system retesting program.

END OF CONSENT CALENDAR

City Council introduced and passed the ordinances on their First Reading; set them for Public Hearing, Second Reading and Final Passage on Saturday, April 12, 2003.
Council Action:_________________________________________________________

22. Consideration of the adoption of an amendment in the nature of a substitute, to the Ordinance to amend the provisions of Title 3, Chapter 2 of the City Code, relating to real estate tax relief, as passed on first reading on February 11, 2003 (Docket Item No. 15).

This was referred to the Budget Fiscal Affairs and Advisory Committee (BFAAC) for its review and comment back to Council, if possible.

So that it can consider the full range of options during the FY 2004 budget process, City Council adopted the amendment in the nature of a substitute, and set the ordinance, as amended, for public hearing on Tuesday, April 22, 2003, and second reading and final passage on Tuesday, April 29, 2003. The proposed substitute ordinance is structured with three program options, all or any of which could be adopted if City Council determines in the FY 2004 Add/Delete process that it wishes to fund a further expansion of tax relief. (Please refer to the City Manager's memorandum dated April 3, 2003, for what the substitute ordinance is structured to do.)
Council Action:_________________________________________________________

OTHER

23. Consideration of City Council Schedule.

Vice Mayor Cleveland noted that the public hearing on the tax rate will be on April 22, as well.

Councilman Speck noted that he will not be in town on May 13, for the legislative meeting.

City Council received the revised schedule which includes: (a) canceled the ceremony to recognize the demolition of the Samuel Madden Homes (Downtown) on Saturday, April 12, at 1:30 p.m.; (b) a work session at 6 p.m., before its Tuesday, April 22 legislative meeting to receive a presentation on the Alexandria Visitors Center consultant study; (c) the City's Bike to Work Day on Friday, May 2, from 6:45 a.m. to 9:00 a.m., at Market Square; (d) Celebrating Education Day, on Thursday, May 8, from 1:00 p.m. to 6:00 p.m. Kick off is at The Chart House Restaurant with an awards program followed by a dock party on the waterfront behind the Torpedo Factory at 3:00 p.m.; (e) a work session at 6 p.m., before its Tuesday, May 13 legislative meeting on open space; (f) a work session at 6 p.m. before its Tuesday, May 27 legislative meeting (revised date) on the programs provided by the Alexandria Small Business Development Center.
Council Action:_________________________________________________________

CONTESTED APPOINTMENTS

24. Alexandria Board of Architectural Review - Parker-Gray District
1 Citizen Member

City Council appointed H. Richard Lloyd, III as a Citizen Member to the Alexandria Board of Architectural Review - Parker-Gray District.
Council Action:_________________________________________________________

25. Alexandria Human Rights Commission
1 Citizen Member

City Council appointed Evelyn Oliver as a Citizen Member to the Alexandria Human Rights Commission.
Council Action:_________________________________________________________

26. Alexandria Waterfront Committee
1 Citizen Representative Who Resides East of Washington Street
and South of King Street

City Council appointed David Olinger as a Citizen Representative who resides east of Washington Street and south of King Street to the Alexandria Waterfront Committee.
Council Action:_________________________________________________________

New Business Item No. 1: At 10:15 p.m., City Council convened in executive session at this time, pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, for the purpose of consulting with legal counsel and briefing by staff with respect to probably litigation resulting from environmental contamination of land.

At 10:45 p.m., City Council convened in open session and adopted the resolution pertaining to the executive session. RES. NO. 2065

At 10:46 p.m., City Council adjourned the meeting.

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Note: The action docket is a summary of Council's meeting deliberations prepared largely for staff follow-up. Formal Minutes of the meeting, when approved by Council, become the official record of the meeting and of Council decisions made at the meeting.

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Public Notice

There will be an executive session for the purpose of conducting interviews of prospective candidates for appointment as City Clerk on Friday, April 11, 2003, at Noon, in the City Council Workroom, City Hall, 301 King Street, Alexandria, VA, pursuant to the motion made by City Council at its meeting on March 25, 2003.

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Public Notice

There will be a Samuel Madden Task Force Meeting to discuss the Samuel Madden Homes (Downtown) on Thursday, April 24, 2003, at 5:00 p.m., in the City Council Workroom, City Hall, 301 King Street, Alexandria, VA.

Public Notice

Monday, April 21, 2003, 7:30 p.m., Council Workroom -- Work Session on BFAAC Report and Preliminary Add/Delete List.

Tuesday, April 29, 2003, 6:30 p.m., Council Workroom -- Work Session on the Finalization of Add/Delete List.

Tuesday, April 29, 2003, 7:30 p.m., Council Chamber -- Special Meeting on the Adoption of the Budget for FY 2004 and Tax Rate adoption.

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. Meeting materials are also available on-line at https://alexandriava.gov/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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Individuals who require translation services to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500. We request that you provide a 48-hour notice so that the proper arrangements may be made.

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