15. Alexandria Environment Policy Commission 1 Citizen-at-Large (The following persons volunteered for appointment to the above Commission:) NAME ENDORSED BY: Samantha Ahdoot Patrick Eddington James Lowenstern Lori Swain Patrick Traylor Christopher Wilson Hillary Zahm (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. 15; 9/23/03, 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 Patrick Eddington to the Alexandria Environment Policy Commission. Euille - Eddington Pepper - Eddington Gaines - Eddington Krupicka - Eddington Macdonald - Eddington Smedberg - Eddington Woodson - Ahdoot 16. Northern Virginia Regional Park Authority 1 Citizen Member (The following persons volunteered for appointment to the above Commission:) NAME ENDORSED BY: Peter Grollman David Pritzker (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. 16; 9/23/03, 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 David Pritzker to the Northern Virginia Regional Park Authority. Euille - Pritzker Pepper - Pritzker Gaines - Pritzker Krupicka - Pritzker Macdonald - Pritzker Smedberg - Pritzker Woodson - Pritzker 17. Alexandria Park and Recreation Commission 1 Member From Planning District III (The following persons volunteered for appointment to the above Commission:) NAME ENDORSED BY: Patricia Broussard Adam Pearlman Robert Rapanut (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. 17; 9/23/03, 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 Patricia Broussward as the member from Planning District III to the Alexandria Park and Recreation Commission. Euille - Broussard Pepper - Broussard Gaines - Broussard Krupicka - Broussard Macdonald - Pearlman Smedberg - Rapanut Woodson - Broussard 18. Alexandria Planning Commission 1 Citizen Member (The following persons volunteered for appointment to the above Commission:) NAME ENDORSED BY: Warren Almquist Mark Feldheim Jesse Jennings Melinda Lyle Joan Peterson Rodney Salinas Daniel Straub Joanne Tomasello Steven Weber Thomas Zoeller (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. 18; 9/23/03, 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 Jesse Jennings as the citizen member to the Alexandria Planning Commission. Euille - Jennings Pepper - Tomasello Gaines - Jennings Krupicka - Jennings Macdonald - Jennings Smedberg - Jennings Woodson - Jennings REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued) 19. Consideration of the Report on the Community Partnership Fund for Human Services Recommended Priorities for the FY2005 Competitive Grant Cycle. (#18, 9/9/03; #11, 9/13/03) (A copy of the City Manager's memorandum dated September 3, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/23/03, and the City Manager's memorandum dated September 23, 2003, marked Exhibit No. 2 of Item No. 19; 9/23/03, and is incorporated herewith as part of this record by reference.) WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council adopted the list of priorities for the FY 2005 competitive grant cycle for the Community Partnership Fund for Human Services which reflect the Council amended language to the section on self-sufficiency, to add the following: "as well as help them become active citizens and be positive influential members of the community." The voting was as follows: Smedberg "aye" Gaines "aye" Pepper "aye" Krupicka "aye" Euille "aye" Macdonald "aye" Woodson "aye" 20. Consideration of a Report on the Duke Street Concourse. (staff presentation) (A copy of the City Manager's memorandum dated September 22, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/23/03, and is incorporated herewith as part of this record by reference.) City Manager Sunderland, along with Transportation and Environmental Services Baier, City Engineer Baker, CFO for the Patent Office Joanne Bernard, and Project Manager for Carlyle Development Lloyd Clingingfield, answered questions of Council concerning the project. WHEREUPON, there was a motion made by Vice Mayor Pepper, seconded by Councilman Smedberg, to allow the certificate of occupancy to be granted, with all the mitigation measures in the September 9 document and the document for this meeting. After discussion, Councilman Krupicka added an amendment to the motion to add to the requirements the ability for Council to come back if the mitigation measures are not working and ask for changes. Vice Mayor Pepper, as maker of the motion, accepted the amendment. Councilman Gaines asked, for the record, by extending the completion date and by adding the multiple mitigation measures, is it not working toward an amendment of the existing special use permit. City Attorney Pessoa stated that he didn't think they are, because as of January 1, 2004, the project will be in violation of the special use permit, it will continue in violation until that tunnel is completed and nothing will change that. It is now talking about what sanctions the City will impose in lieu of either declining to permit occupancy, stopping the work on the rest of the project or using the zoning enforcement tools the City has. The special use permit is not amended by this action, but it is simply the City exercising its discretion as to what enforcement action it will take because of the violation. WHEREUPON, upon motion restated by Vice Mayor Pepper, seconded by Councilwoman Woodson and carried on a 5-2 vote, City Council accepted the City Manager's recommendation, which would grant a Certificate of Occupancy for the two buildings and the accompanying parking lot, that the recommendations outlined in the memo would be accepted, that there would be a community meeting, and there would be the slew of mitigation measures. In addition, the recommendation is that the staff set benchmarks and goals that are to be met by Corman Construction with deadlines, and if the deadlines are not met, there will be penalties, and it would be up to staff to set appropriate and fair deadlines and the fines would be up to $5,000, except for July 1, which would be $5,000 a day after that, if it does not meet the goal that has been set for that time. If as it goes along, some of the mitigation plans are not working out, there would be some flexibility in visiting it again. The voting was as follows: Pepper "aye" Gaines "aye" Woodson "aye" Krupicka "aye" Euille "no" Macdonald "aye" Smedberg "no" 21. Consideration of Authorization of Recommended Capital Project Allocations and Planned Expenditures. (staff presentation) (A copy of the City Manager's memorandum dated September 16, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/23/03, and is incorporated herewith as part of this record by reference.) Assistant City Manager Jinks gave a report on the item and answered questions of Council. Mayor Euille said with respect to the parking garage used by faculty and students at the high school, he had a concern about a multi-level parking garage at a high school, but also that people are going to complain about having to walk the distance from the parking garage to get to the gymnasium. WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilman Gaines and carried unanimously, City Council authorized the capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Expenditure Summary. The voting was as follows: Smedberg "aye" Pepper "aye" Gaines "aye" Krupicka "aye" Euille "aye" Macdonald "aye" Woodson "aye" 22. Consideration of the Monthly Financial Report for the Period Ending August 31, 2003. (staff presentation) (A copy of the City Manager's memorandum dated Setpember 16, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/23/03, and is incorporated herewith as part of this record by reference.) Assistant City Manager Jinks gave a report on the item. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilwoman Woodson and carried unanimously, City Council received the Monthly Financial Report for the period ending August 31, 2003. The voting was as follows: Pepper "aye" Gaines "aye" Woodson "aye" Krupicka "aye" Euille "aye" Macdonald "aye" Smedberg "aye" REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES None. REPORTS BY MEMBERS OF CITY COUNCIL None. ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL (a) Mayor Euille thanked the citizens, the City staff, employees and volunteers for all their hard work with Hurricane Isabel. He noted that he is meeting with the utility companies on plans for maintenance, infrastructure for capital improvements programs, and coordinating with the activities the City government have planned for the future. He said the City Manager, in his report, will speak about evaluating and reviewing what went right and what went wrong with the operations. (b) Councilwoman Woodson said the Alexandria Human Rights Commission passed a resolution about the affect the Patriot Act will have in Alexandria, and she asked that it be docketed at some point. (c) Councilman Gaines distributed a Street Smart Report on the 2002 Pedestrian Safety Awareness Campaign. (d) Councilman Gaines asked staff to look at extending the scope and membership of the Local Emergency Planning Committee, as it does not include any Chamber or Small Business representatives or relief organizations, such as the American Red Cross. (e) Councilman Gaines noted the article in the Metro section of the Washington Post, entitled, "Juvenile Judges Quietly Offer Steadying Hands." (f) Councilman Smedberg thanked the City Manager and Assistant City Manager Evans on behalf of Back Yard Boats for their help in facilitating a contractor to work with them to get their water pumped out. (g) Councilman Krupicka commended the Alexandrians who helped their neighbors and friends in need during the Hurricane. (h) Councilman Krupicka said he studied the Patriot Act and the efforts of the Human Rights Commission, and the community should seriously consider the impacts of the Act and examine whether the City should make a statement in response to it. (i) Councilman Krupicka said he attended the Local Emergency Planning Committee meeting last week, in which it gave a report on the overview of the preparation of emergency preparation plans, and he asked the report be made available to Council. (j) Mayor Euille said September 28 is National Good Neighbor Day, which ties into the remarks of citizens helping each other out, and it has been endorsed by the U.S. Conference of Mayor's. (k) Mayor Euille said he and the City Manager will talk about setting up a work session on the Local Emergency Planning Committee report. (l) Councilman Macdonald said the Library Board has reappointed its director for another three years. (m) Councilman Macdonald said the Waterfront Committee met and heard a presentation from the Potomac Riverkeeper, and the organization is looking for a boat slip in the waterfront and possibly moving operations to the City. (n) Councilman Macdonald said EPC is working on the review of aspects of the Chesapeake Bay Preservation Act through this Fall. (o) Councilman Macdonald said Police, Fire, Emergency, City Manager and others worked hard to prepare and deal with the recent flood and hurricane. REPORT FROM CITY MANAGER The City Manager: (a) introduced Debra Collins, the new Department of Human Services Director and he thanked Beverly Steele, the Interim Director of Human Services; (b) said there will be a good-bye party for Hurricane Isabel on Saturday in the Marina, with a free jazz concert; and (c) he gave an update on Hurricane Isabel efforts, including water pressure and use problems, gas and power problems, flooding and rain, downed trees, long-term damage, emergency operations, damage assessment, dealings with Dominion Virginia Power, inspection of restaurants, communications, government and school closings, sandbags, experience and review of the actions, the study of it for the future, and assistance from the Federal Emergency Management Agency and the Small Business Administration. There were questions and comments from Council, and members of the City staff answered the questions. ORDINANCES AND RESOLUTIONS None NEW BUSINESS ITEM NO. 2. WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Pepper and carried unanimously, City Council adopted the following resolution for the declaration of emergency due to Hurricane Isabel. The voting was as follows: Woodson "aye" Gaines "aye" Pepper "aye" Krupicka "aye" Euille "aye" Macdonald "aye" Smedberg "aye" The resolution finally passed reads as follows: