Meeting Minutes for Regular Meeting (09/09/2003)

Regular Meeting
Tuesday, September 9, 2003 - - 7:00 p.m.

* * * * *

Present: Mayor William D. Euille, Vice Mayor Redella S. Pepper, Members of Council Ludwig P. Gaines, Rob Krupicka, Andrew H. Macdonald, Paul C. Smedberg and Joyce Woodson.

Absent: None.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Assistant City Manager; Mr. Jinks, Assistant City Manager; Mr. Baier, Director of Transportation and Environmental Services; Mr. Neckel, Director of Finance; Mr. Mandley, Director of General Services; Ms. Fogarty; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Pinkney, Public Affairs Officer; Ms. Boyd, Director of Citizen Assistance; Police Chief Samarra; Police Lieutenant Uzzell; Mr. Bauman, Director of Extended Care Services; Ms. Steele, Interim Director of Human Services; Ms. Federico, Director of Historic Alexandria; Dr. Gilmore, Director of Mental Health, Mental Retardation and Substance Abuse; Human Rights Director Niebauer; Ms. Smith-Page, Director of Real Estate Assessments; Mr. Skrabak, Environmental Quality Division Chief; Ms. Moore, Acting Deputy Director of Management and Budget; Ms. Padron, Budget and Management Analyst; Mr. Culpepper, Deputy Director of Transportation; Mr. Fifer, E-Government Manager; Ms. Baker, City Engineer; Mr. O'Brien, Director of Library; Fire Chief Mesaris; Mr. Winslow, Transportation and Environmental Services Civil Engineer; Code Enforcement Director Dahlberg, Mr. Culpepper, Deputy Director of Transportation; Mr. Cole, Information Technology Director; Mr. Colon, Customer Support Engineer, IT Department; and Mr. MacCracken, Transportation and Environmental Services IT Coordinator.

Recorded by: Ms. Jackie M. Henderson, City Clerk and Clerk of Council.

OPENING

1. & 2. The meeting was called to order by Mayor Euille, and the City Clerk called the roll; all members of City Council were present.

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

NEW BUSINESS ITEM NO. 1. Mayor Euille welcomed everyone back from summer recess. He also thanked the organizations that held a reception for Council prior to the meeting this evening in the Vola Lawson Lobby. He asked the new Council and those at the dais to introduce themselves.

3. THERE BEING NO DISCUSSION, upon motion by Councilwoman Woodson, seconded by Councilman Gaines and carried unanimously, City Council approved the minutes of (a) the Public Hearing Meeting of June 14, 2003; (b) the Regular Meeting of June 24, 2003; and (c) the Special Meeting of July 1, 2003, as submitted. The voting was as follows:

Woodson "aye" Pepper "aye"
Gaines "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Smedberg "aye"

4. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council received the Report of the City Clerk dated September 3, 2003, which is on file in the office of the City Clerk and Clerk of Council, marked exhibit No. 1 of Item No. 4; 9/9/03, and is incorporated as part of this record by reference. The voting was as follows:

Pepper "aye" Gaines "aye"
Smedberg "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Woodson "aye"

PROCLAMATION

5. Presentation of a Proclamation for the Alexandria Festival of the Arts September 13-14, 2003.

(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, and is incorporated as part of this record by reference. The voting was as follows:

Councilwoman Woodson presented the proclamation.

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

Woodson "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Smedberg "aye"

NEW BUSINESS ITEM NO. 2. Mr. Kent Hill, with Zonta International, introduced the visiting Women Russian Leaders who were in the audience.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (6-11) - (23)

Without objection, City Council removed docket items nos. 6, 7 and 9 from the Consent Calendar and considered them under separate motions.

8. Consideration of the Alexandria Community Services Board's Application and Acceptance of Award of a Virginia Fatherhood Campaign Community Grant through the Virginia Department of Health.

(A copy of the City Manager's memorandum dated August 28, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/9/03, and is incorporated as part of this record by reference.)

10. Consideration of Grant Application to the Virginia Department of Criminal Justice Services for the Hispanic Outreach Services Project.

(A copy of the City Manager's memorandum dated August 26, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/9/03, and is incorporated as part of this record by reference.)

11. Request for Approval of Grant Award from the ECHO (Employees Caring and Helping Others) Program of AOL Time Warner and the Friends of the Alexandria Commission for Women for the Office on Women's Sexual Assault Response and Awareness (SARA) Program.

(A copy of the City Manager's memorandum dated August 28, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/9/03, and is incorporated as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

23. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to authorize landscaping and decorative features to encroach into the public sidewalk rights-of-way with the Potomac Greens development.

(A copy of the informal memorandum explaining the ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 9/9/03, and is incorporated 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. 23; 9/9/03, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Consent Calendar, except for items 6, 7 and 9. The City Manager's recommendations are as follows:

8. City Council authorized acceptance of the award of $20,000 in a Virginia Fatherhood Campaign Community grant through the Virginia Department of Health to provide for the provision of fatherhood services to at-risk young men released from Juvenile and Adult Detention Centers and homeless shelters in the City, and to gather data regarding the longitudinal impact of the Fatherhood Program.

10. City Council approved the submission of the grant application to the Virginia Department of Criminal Justice Services for funding in the amount of $44,647 for continued funding of the Office on Women's Hispanic Outreach Services Project; approved the continuation of one full-time Hispanic Outreach Specialist position; and authorized the City Manager to execute all documents that may be required.

11. City Council approved the $500 award received on August 4, 2003 from the ECHO (Employees Caring and Helping Others) grant program of AOL Time Warner and the Friends of the Alexandria Commission for Women that made possible the beginning of a special outreach project by the Office on Women's Sexual Assault Response & Awareness Program to the African American community, and authorized the City Manager to execute all documents that may be required.

23. City Council introduced and passed the Ordinance on its first reading; set it for public hearing, second reading and final passage on Saturday, September 13, 2003.

The voting was as follows:

Woodson "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Smedberg "aye"

END OF CONSENT CALENDAR

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

(a) Alexandria Woodrow Wilson Bridge Neighborhood Task Force
Gerald Lipson

(b) Alexandria Affordable Housing Advisory Committee
Robert Freedman

(c) Alexandria Commission on HIV/AIDS
Peggy L. Taylor

(d) Alexandria Commission on Information Technology
Sigal Nissan

(e) Alexandria Convention and Visitors Association Board of Governors
Kathleen Callender
Mary Anne Russell

(f) Alexandria District Home Board
Robert C. Eiffert

(g) Alexandria Environmental Policy Commission
Robin E. Hays

(h) Alexandria Park and Recreation Commission
Kenneth L. Foran

(i) Alexandria Planning Commission
Ludwig P. Gaines

(j) Alexandria Public Health Advisory Commission
Deborah Bombard

(k) Alexandria Public Records Advisory Commission
Richard Peuser

(l) Alexandria Sister Cities Committee
Candace Lightner

(m) Alexandria Waterfront Committee
Kenneth L. Foran

(n) Alexandria Youth Policy Commission
Toyasha Albert
Robert Sennewald
Brian C. Shearer

(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. 7(a-n); 9/9/03, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Pepper and carried unanimously, City Council received the following resignations with regret: (a) Gerald Lipson, Alexandria Woodrow Wilson Bridge Neighborhood Task Force; (b) Robert Freedman, Alexandria Affordable Housing Advisory Committee; (c) Peggy L. Taylor, Alexandria Commission on HIV/AIDS; (d) Sigal Nissan, Alexandria Commission on Information Technology; (e) Kathleen Callender and Mary Anne Russell, Alexandria Convention and Visitors Association Board of Governors; (f) Robert C. Eiffert, Alexandria District Home Board; (g) Robin E. Hays, Alexandria Environmental Policy Commission; (h) Kenneth L. Foran, Alexandria Park and Recreation Commission; (i) Ludwig P. Gaines, Alexandria Planning Commission; (j) Deborah Bombard, Alexandria Public Health Advisory Commission; (k) Richard Peuser, Alexandria Public Records Advisory Commission; (l) Candace Lightner, Alexandria Sister Cities Committee; Kenneth L. Foran, Alexandria Waterfront Committee; and (n) Toyasha Albert, Robert Sennewald and Brian C. Shearer, Alexandria Youth Policy Commission. The voting was as follows:

Woodson "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Smedberg "aye"

7. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria-Caen Exchange Committee
1 Representative From the Arts With Expertise in Music
1 Representative From the Alexandria Sister Cities Committee

(b) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Member Designated by Councilman Rob Krupicka
1 Member Designated by Councilman Andrew Macdonald

(c) Alexandria Commission on HIV/AIDS
1 Member From and Representing the Whitman-Walker Clinic

(d) Alexandria Community Services Board
1 Licensed Physician

(e) Alexandria Economic Opportunities Commission
1 Representative Designated by Councilman Rob Krupicka

(f) Alexandria Emergency Medical Services Council
1 Representative of the Alexandria Federation of Civic Associations

(g) Historic Alexandria Resources Commission
1 Representative From the George Washington Masonic Memorial

(h) Alexandria Law Library
1 Citizen Member

(i) Alexandria Social Services Advisory Board
1 Parent Member

(j) Alexandria Urban Design Advisory Committee
1 Representative of the Old Town North Business Community

(k) Alexandria Waterfront Committee
1 Citizen At-Large

(l) Alexandria Youth Policy Commission
1 Member of A Board or Commission or Other Organization Having An Interest In Youth Issues

(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 Nos. 7(a-l); 9/9/03, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Woodson, seconded by Councilman Smedberg and carried unanimously, City Council made the following appointments: (a) reappointed Simone Fitzgibbon as the representative from the Arts with expertise in music and appointed Jacqueline Mandley as the representative from the Alexandria Sister Cities Committee to the Alexandria-Caen Exchange Committee; (b) appointed James Butler as the member designated by Councilman Rob Krupicka and appointed Boyd Walker as the member designated by Councilman Andrew Macdonald to the Alexandria Budget and Fiscal Affairs Advisory Committee; (c) waived the residency requirement and appointed Lyla Hill as the member from and representing the Whitman-Walker Clinic to the Alexandria Commission on HIV/AIDS; (d) waived the residency requirement and appointed Bradley Ware as the licensed physician to the Alexandria Community Services Board; (e) appointed Julie Jakopic as the representative designated by Councilman Rob Krupicka to the Alexandria Economic Opportunities Commission; (f) appointed Mary Gregerson as the representative of the Alexandria Federal of Civic Associations to the Alexandria Emergency Medical Services Council; (g) appointed Frank Skwirut as the representative from the George Washington Masonic Memorial to the Historic Alexandria Resources Commission; reappointed Kevin Kernan as the citizen member to the Alexandria Law Library; (i) reappointed Linda App as the parent member to the Alexandria Social Services Advisory Board; (j) reappointed Martin Meisel as the representative of the Old Town North Business Community to the Alexandria Urban Design Advisory Committee; (k) reappointed Myra Halpin as the citizen at-large representative to the Alexandria Waterfront Committee; and (l) reappointed Susan Kellom as the member of a City Board or Commission or other organization having an interest in youth issues to the Alexandria Youth Policy Commission.
The voting was as follows:

Woodson "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka "aye"
Macdonald "aye"

9. Receipt of Annual Report on Board and Commission Attendance for Fiscal Year 2003.

(A copy of the annual report on board and commission attendance dated August 26, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/9/03, and is incorporated as part of this record by reference.

WHEREUPON, upon motion by Councilwoman Woodson, seconded by Councilman Smedberg and carried unanimously, City Council received the annual report on Committee Attendance, vacated the six positions listed in the report, and authorized the Executive Secretary for Boards and Commissions to advertise the vacancies. The voting was as follows:

Woodson "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka "aye"
Macdonald "aye"

CONTESTED APPOINTMENTS

12. Alexandria Beautification Commission
1 Citizen Member

The following persons volunteered for appointment to the above Commission:

NAME ENDORSED BY:

Kenneth Basta
Darren Preucil

(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. 12; 9/9/03, and is incorporated 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 Kenneth Basta as the citizen member to the Alexandria Beautification Committee. The voting was as follows:

Euille - Basta
Pepper - Basta
Gaines - Basta
Krupicka - Basta
Macdonald - Basta
Smedberg - Basta
Woodson - Basta

13. Alexandria Commission on HIV/AIDS
1 Citizen Member

The following persons volunteered for appointment to the above Commission:

NAME ENDORSED BY:

Ernestina Forte
John Wertman
Joseph Wiegand

(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. 13; 9/9/03, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed John Wertman as the citizen member to the Alexandria Commission on HIV/AIDS. The voting was as follows:

Euille - Wertman
Pepper - Wertman
Gaines - Wertman
Krupicka - Wertman
Macdonald - Wertman
Smedberg - Wertman
Woodson - Wertman

14. Alexandria Industrial Development Authority
2 Citizen Members

The following persons volunteered for appointment to the above Commission:

NAME ENDORSED BY:

Scott Humprey
Matthew Slavin
Lois Walker

(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. 14; 9/9/03, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed Scott Humphrey and Lois Walker as the citizen members to the Alexandria Industrial Development Authority. The voting was as follows:

Euille - Walker, Humphrey
Pepper - Walker, Humphrey
Gaines - Walker, Slavin
Krupicka - Walker, Humphrey
Macdonald - Walker, Slavin
Smedberg - Walker, Humphrey
Woodson - Walker, Humphrey

15. Northern Virginia Regional Commission
1 Citizen Member

The following persons volunteered for appointment to the above Commission:

NAME ENDORSED BY:

Dianne Cherry
Natalie Mosher
Matthew Mueda
Robert Rapanut
Michael Strutzel

(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; 9/9/03, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following result: No one received a majority vote for the second appointment; therefore, there had to be a second balloting. The voting was as follows:

Euille - Rapanut
Pepper - Rapanut
Gaines - Cherry
Krupicka - Mosher
Macdonald - Mosher
Smedberg - Mosher
Woodson - Rapanut

WHEREUPON, ballots were again distributed, tellers were again appointed and the ballots again tallied with the following result: City Council appointed Natalie Mosher as the citizen member to the Northern Virginia Regional Commission. The voting was as follows:

Euille - Mosher
Pepper - Mosher
Gaines - Mosher
Krupicka - Mosher
Macdonald - Mosher
Smedberg - Mosher
Woodson - Rapanut

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

16. Consideration of Application for an Amendment to an Existing Federal Environmental Protection Agency Grant to Provide an Additional $650,500 for the Four Mile Run Sewer Service Area Excessive Infiltration/Inflow (I/I) Remediation Project.

(A copy of the City Manager's memorandum dated August 28, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/9/03, and is incorporated as part of this record by reference.)

City Engineer Baker gave a brief report on the item. Transportation and Environmental Services Director Baier gave an update on the program for the implementation of backflow preventer cost-sharing program.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council authorized the City Manager to apply for the grant amendment and additional federal assistance and authorized the City Manager to execute an amended grant agreement with the United States Environmental Protection Agency in the total amount of $1,523,500 for the project. The voting was as follows:

Pepper "aye" Krupicka "aye"
Gaines "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

17. Consideration of a Request to Permit an Exception to the Major Events Policy to Allow the Addition of Four Specific Venues East of Washington Street for First Night Alexandria.

(A copy of the City Manager's memorandum dated August 28, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/9/03, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Krupicka and carried unanimously, City Council permitted an exception to the Major Events Policy to allow for the addition of four specific First Night Alexandria venues. The voting was as follows:

Pepper "aye" Gaines "aye"
Krupicka "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

18. Report on the Community Partnership Fund for Human Services Recommended Priorities for the FY 2005 Competitive Grant Cycle.

(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. 18; 9/9/03, and is incorporated as part of this record by reference.)

Acting Deputy Director of Management and Budget Moore made a presentation of the recommended priorities.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council docketed the item for public hearing for September 13, 2003, with final action on the priorities at the September 23 City Council meeting.

Councilwoman Woodson asked that City departments provide what is actually needed as opposed to what a percentage increase is allowed, so there is a better barometer to measure what the needs are as it moves into the budget meetings.

City Manager Sunderland said he would come back with a response.

Councilman Krupicka encouraged staff to look for opportunities to involve the immigrant population.

The voting was as follows:

Smedberg "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Woodson "aye"

19. Consideration of a Resolution Requesting Matching Funds for the Old Town Congestion Mitigation Project.

(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; 9/9/03, and is incorporated as part of this record by reference.)

Deputy Director of Transportation Culpepper made a presentation of the resolution for matching funds.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously by ROLL CALL, City Council adopted a resolution authorizing local matching funding of $40,000 and authorized the City Manager to submit an agreement for the use of $160,000 of Federal CMAQ funding to the Virginia Department of Transportation for Old Town Congestion Relief Project, and to execute all necessary documents that may be required under the program. The voting was as follows:

Pepper "aye" Krupicka "aye"
Gaines "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

The resolution finally passed reads as follows:

RESOLUTION NO. 2077

WHEREAS, in accordance with Virginia Department of Transportation allocation procedures, it is necessary that a request by City Council resolution be made in order that the Virginia Department of Transportation fund a congestion mitigation air quality project in the City of Alexandria;

NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager is authorized, for and on behalf of the City of Alexandria, hereafter referred to as the PUBLIC BODY, to execute and file an agreement with the Department of Transportation, Commonwealth of Virginia, hereafter referred to as the DEPARTMENT, for a grant of financial assistance in the amount of $200,000.00 to defray the costs borne by the PUBLIC BODY for the development of the Old Town Congestion Mitigation Project and to accept from the DEPARTMENT grants in such amounts as may be awarded, and to authorize the City Manager to furnish to the DEPARTMENT such documents and other information as may be required for processing the agreement request. The City Council certifies that the funds shall be used in accordance with the requirements of Section 58.1-638.A.4 of the Code of Virginia.

BE IT FURTHER RESOLVED, that the PUBLIC BODY will provide funds in the amount of $40,000.00, which will be used as a 20 percent match to the federal funds in the ratio as required in such Act, that the records of receipts of expenditures of funds granted the PUBLIC BODY may be subject to audit by the DEPARTMENT and by the State Auditor of Public Accounts, and that funds granted to the PUBLIC BODY for defraying the expenses of the PUBLIC BODY shall be used only for such purposes as authorized in the Code of Virginia. The undersigned duly qualified and acting as City Clerk of the PUBLIC BODY certifies that the foregoing is a true and correct copy of a Resolution, adopted at a legally convened meeting of the City Council held on the 9th day of September 2003.

20. Consideration of a Resolution Requesting State Funds for the Alexandria Rideshare Program and Authorizing Matching Funds for the Rideshare Program.
(A copy of the City Manager's memorandum dated August 27, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/9/03, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously by ROLL CALL, City Council adopted the resolution and authorized the City Manager to (a) submit an agreement and matching funds to the Virginia Department of Rail and Public Transportation for Federal CMAQ funding in the amount of $160,000 for the Alexandria Rideshare media program; the agreement is contingent upon the matching funds in the amount of $40,000 from City sources already budgeted for this purpose; and (b) execute all necessary documents that may be required under this program. The voting was as follows:

Pepper "aye" Krupicka "aye"
Gaines "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

The resolution finally passed reads as follows:

RESOLUTION NO. 2078

RESOLUTION NO. 2079

WHEREAS, in accordance with Virginia Department of Rail and Public Transportation allocation procedures, it is necessary that a request by City Council resolution be made in order that the Virginia Department of Rail and Public Transportation fund a congestion mitigation air quality program in the City of Alexandria;

NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager is authorized, for and on behalf of the City of Alexandria, hereafter referred to as the PUBLIC BODY, to execute and file an agreement with the Department of Rail and Public Transportation, Commonwealth of Virginia, hereafter referred to as the DEPARTMENT, for a grant of financial assistance in the amount of $80,000.00 to defray the costs borne by the PUBLIC BODY for the continuation of the Alternative Transportation Program Transit Match employer incentive and to accept from the DEPARTMENT grants in such amounts as may be awarded, and to authorize the City Manager to furnish to the DEPARTMENT such documents and other information as may be required for processing the agreement request. The City Council certifies that the funds shall be used in accordance with the requirements of Section 58.1-638.A.4 of the Code of Virginia.

BE IT FURTHER RESOLVED, that the PUBLIC BODY will provide funds in the amount of $20,000.00, which will be used as a 20 percent match to the federal funds in the ratio as required in such Act, that the records of receipts of expenditures of funds granted the PUBLIC BODY may be subject to audit by the DEPARTMENT and by the State Auditor of Public Accounts, and that funds granted to the PUBLIC BODY for defraying the expenses of the PUBLIC BODY shall be used only for such purposes as authorized in the Code of Virginia. The undersigned duly qualified and acting as City Clerk of the PUBLIC BODY certifies that the foregoing is a true and correct copy of a Resolution, adopted at a legally convened meeting of the City Council held on the 9th day of September 2003.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Mayor Euille said he visited six schools on opening day, and the addition at George Washington Middle School is marvelous. There is still the challenge and support to education, especially with the President's initiative on the No Child Left Behind Act, which is an unfunded mandate. Council will have to be responsible for and responsive to that as it attends various National League of Cities Conferences and the State Municipal League and should continue to advocate in support of education but also the necessary funding to carry out these requirements. He also applauded Governor Warner with his new Education for Lifetime initiative.

(b) Mayor Euille said he participated in a national press conference at the National Press Club on affordable housing and the cost of housing being out of reach, and there is a need to keep advocating for the need to address the issue and to keep the dollars going out of the country to stay in the country to support and meet the needs.

(c) Mayor Euille noted the programs in the area for the September 11 Remembrance, including the Community Resilience Organization hosting a Labyrinth Peace Walk at Ben Brenman Park from 11 a.m. to 7 p.m.

(d) Mayor Euille noted the docket item dealing with a time change for the Council meetings, to start the meetings at 7:00 p.m., so the business can be completed at a reasonable hour. There will also be, from time to time, staff presentations on docket items. Appointments are now early on the docket, and work sessions will be part of the legislative meeting, instead of before the meeting, from time to time.

(e) Vice Mayor Pepper said she hoped to be at the September 11 Remembrance Walk in Ben Brenman Park.

(f) Vice Mayor Pepper said she attended the Cambodian Community Day Festival August 10 at Ben Brenman Park, in which she was given a neatly folded scarf, which she presented to the City.

(g) Vice Mayor Pepper noted the groundbreaking June 15 for the Alexandria Skate Park, and this past Sunday it was opened for anyone who wanted to come.

(h) Vice Mayor Pepper said there will be Comprehensive Transportation Policy and Program meetings at Tucker Elementary School on September 16, and Minnie Howard School, on September 17, at 7:45 p.m.

(i) Vice Mayor Pepper said she would like to receive a written report on how the City of Alexandria is doing on drug activity and preventing illegal use, as well as gang activity.

(j) Vice Mayor Pepper asked for information and guidance on flag protocol.

(k) Councilwoman Woodson said the skateboard park is a wonderful opportunity to stay away from the drugs. That success is what will give them the impetus to do other things, such as a roller rink or ice skating rink, and that will happen with parental support that it received for the skatepark.

(l) Councilwoman Woodson said she is interested in creating a citizens academy by either January or next Fall, in order to help citizens who are interested in being involved in City government.

(m) Councilwoman Woodson spoke about the establishment of a citizen Police review committee, which could be a standing committee of the Human Rights Commission.

Mayor Euille said he wants staff to check the records from 1994 or 1995 when he brought up the matter for consideration, and it had a three hour session on it, in which it was never brought to a vote.

(n) Councilman Gaines said he would support exploring the possibility of establishing a citizen Police review committee.

(o) Councilman Gaines thanked the City Manager and staff for its briefings on a host of issues, and he found staff to be accessible and responsive to its inquiries.

(p) Councilman Gaines said he toured satellite facilities and City Hall, and he was impressed with the employees and the use of technology.

(q) Councilman Gaines announced his office hours at City Hall on Tuesdays and Thursdays from 10 a.m. to noon, on the second floor. There will also be community office hours monthly at Beatley Library and is working on having community office hours at Charles Houston and Lee Recreation Centers. He said he has also instituted an intern program and will be soliciting applications from local high school students and also from the senior community.

(r) Councilman Gaines congratulated the Grandfather's Group, who recently received a recognition from the Points of Light Foundation for its hard work in the community mentoring young children.

(s) Councilman Gaines said Alexandria has its first national Hall of Famer in Earl Lloyd, and he was responsible for integrating the National Basketball Association.

(t) Councilman Gaines said they are aware of the incident on First Street involving the Police Department, as well as an individual. He asked when the findings will come to Council, and he and other members of Council spoke with the residents. He said he hoped it might have the City Manager arrange a joint session with ARHA to remediate those concerns.

Mayor Euille said the City honored Earl Lloyd approximately four years ago.

Mayor Euille said the City Manager is awaiting the investigative report on the Police incident, which will be followed by a review by the Commonwealth Attorney, and Council will then be briefed on those findings.

(u) Councilman Macdonald said he is interested in the environment, and there is a great deal of effort going on to re-evaluate what it needs to do to protect the water quality and other resources of the Potomac River and Chesapeake Bay, and all communities will have to figure out a better way of protecting the important resource. It needs to think about open space preservation and green buildings and things to improve its quality of life. There will be a meeting of the Environmental Policy Commission on September 22 at 7:30 p.m. at City Hall.

(v) Councilman Macdonald said there will be an open house soon at the Carlyle House. The archeology group will have a day when one can go and work.

(w) Councilman Macdonald said the Art League has a wonderful new building at Duke and Union where it offers classes.

(x) Councilman Macdonald said he will have office hours at City Hall on Tuesdays and Wednesday, and he will meet with citizens at their convenience.

(y) Councilman Krupicka echoed the encouragement of citizens to attend the Peace Walk on September 11.

(z) Councilman Krupicka echoed Councilman Gaines comments on appreciating the time and effort staff put into tutoring and bringing the new members of Council up to speed over the summer.

(aa) Councilman Krupicka said the Del Ray Artisans have a member show going on at the Colasanto Center on Mt. Vernon Avenue, and he has a painting in the show.

(bb) Councilman Krupicka said he would have interns to work with him on a variety of projects.

(cc) Councilman Krupicka said he is proud to serve on the IT Commission, and the City has brought on a new individual, Craig Fifer, who will do a lot to make the City's website more accessible.

(dd) Councilman Krupicka asked Transportation and Environmental Services Director Baier to talk about the stormwater and sewer issues.

Director of Transportation and Environmental Services Director Baier updated Council on the sewer issues.

(ee) Councilman Smedberg thanked the City Clerk and Clerk of Council and her staff for the help they have given him. He also thanked the City Manager and Assistant City Manager for the work done on the briefings, and he said he was impressed with the level of professionalism and the depth and understanding the staff has. He also recognized Sheriff Jim Dunning, who gave them a tour of the City Detention Center.

(ff) Councilman Smedberg said on the Police incident on First Street, there are other neighborhood concerns that have come up.

(gg) Councilman Smedberg asked if the Council appointments to boards and commissions are on the City's web site.

City Manager Sunderland said he didn't know, but if it wasn't on there, it would be put on.

(hh) Councilman Smedberg said a report will be forthcoming on neighborhood concerns on air quality issues surrounding the Mirant Plant in North Old Town. Two individuals, Elizabeth Chimento and Poul Hertel, have worked for two years putting together the report.

City Manager Sunderland said he has given it to the Environmental Quality area and he has asked for a review and will then discuss it with the Mayor and will also bring the authors back in.

Vice Mayor Pepper said she represents the City on the MWAQ Committee of the Metropolitan Region and will probably give a report at the next meeting. She said she has brought to the attention of staff the whole issue of the Mirant Plant, and there has been a very dismissive attitude on the part of the City.

REPORT FROM THE CITY MANAGER

City Manager Sunderland reported on: (a) the demolition of the old Alamo began this week at King and Union, and it will have progress on that; (b) Starbucks is in the old Seaport Inn, and there is a lease with a Thai Restaurant for the restaurant space between the river and the coffeeshop, and it needs a BAR approval and encroachment from Council to allow seating on King Street; (c) there is a contract on the building at 101 and 103 King Street, and the proposal is retail on the first floor, restaurant on the second floor; (d) the skateboard park opened at Luckett Field at Duke Street and Quaker Lane; (e) there are new signs up and down King Street, as part of the comprehensive across the City revisiting sign program; (f) the mentor program on North Columbus opened in late August; (g) he thanked Code Enforcement Director Art Dahlberg and his crew on getting George Washington Middle School open; (h) Transportation and Environmental Services brought their trucks and equipment to the parking lot at T.C. Williams High School, and 400 students showed up; (i) there was a $554,000 grant given to ANHSI, Alexandria Neighborhood Health Services, Inc., which is a great accomplishment; and (j) there will be a public meeting on T.C. Williams at 7:30, September 15, in the cafeteria, on the new building, put on by the Schools and City staff.

Councilman Macdonald asked the City staff to provide an explanation, before September 15, on how it manages contracts, for example, the School projects, and if there is anything it needs to do to improve the management of contracts, both for the quality of the workmanship and for saving money and other attributes.

City Manager Sunderland said the Schools manage their own contracts. The schools at Hammond, T.C. Williams and G.W. are going to have a dual contract management system and are hiring an in-house project manager.

WORK SESSION

22. Update on the Duke Street Concourse and Opening of the First Two Patent and Trade Office (PTO) Buildings.

City Council heard a report on the Duke Street Concourse and opening of the Patent and Trade Office buildings.

Mayor Euille said the City Manager should have the sense from Council that there is no need to rush to issue a Certificate of Occupancy by October 10 until it flushes out the concerns expressed this evening, and that Council should revisit the matter as soon as possible with answers to the questions raised. It should come back to Council by the September 23 meeting, and if not by then, as soon as possible.

ORDINANCES AND RESOLUTIONS

24. Introduction and First Reading. Consideration. Passage on First Reading and Second Reading of an Ordinance to adopt Supplement 70 to the City Code.(ROLL-CALL VOTE)

(A copy of the informal memorandum explaining the ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 9/9/03, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council 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. 24; 9/9/03, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilwoman Woodson and carried unanimously by ROLL CALL, City Council introduced and passed the Ordinance on first and second readings. The voting was as follows:

Pepper "aye" Gaines "aye"
Woodson "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Smedberg "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4311

AN ORDINANCE adopting supplemental pages for The Code of the City of Alexandria, Virginia, 1981, as amended, and providing for the repeal of ordinances

not included therein, except those saved from repeal by this ordinance, and for
other purposes.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sections and portions thereof set forth in the supplemental and replacement pages for The Code of the City of Alexandria, Virginia, 1981, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 70," are hereby adopted as and shall constitute "The Seventieth Supplement to The Code of the City of Alexandria, Virginia, 1981."

Section 2. That the sections and portions thereof set forth in "The Seventieth Supplement to The Code of the City of Alexandria, Virginia, 1981" shall be in force and effect on and after the effective date of this ordinance, and all ordinances of a general and permanent nature which were adopted between March 16, 2003, through May 17, 2003, inclusive, and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, as amended, are hereby repealed, except as otherwise provided in section 3 of this ordinance.

Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any ordinance adopted after March 16, 2003, which amends the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended; nor shall it affect any ordinance saved from repeal by Ordinance No. 1250; nor shall it affect any ordinance listed in appendices A through J, both inclusive, of The Code of the City of Alexandria, Virginia, 1981, or any pages supplemental to such appendices; nor shall it affect any provision of any ordinance adopted between March 16, 2003, through May 17, 2003, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Seventieth Supplement to The Code of the City of Alexandria, Virginia, 1981," or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.

Section 4. That one complete set of pages comprising "The Seventieth Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the supplemental and replacement pages of such supplement shall be properly inserted into the copy of The Code of the City of Alexandria, Virginia, 1981, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.

Section 5. This ordinance shall become effective upon the date and at the time of its final passage.

25. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to authorize the conveyance of certain land to the Commonwealth of Virginia, Department of Transportation.

(A copy of the informal memorandum explaining the ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 9/9/03, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council 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; 9/9/03, and is incorporated as part of this record by reference.)

Transportation and Environmental Services Civil Engineer Winslow made a presentation of the ordinance.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council introduced and passed the Ordinance on its first reading; set it for Public Hearing, Second Reading and Final Passage for Saturday, September 13, 2003. The voting was as follows:

Pepper "aye" Gaines "aye"
Smedberg "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Woodson "aye"

26. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to amend the City Code to change the regular time for City Council legislative meetings, and related matters.

(A copy of the informal memorandum explaining the ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 9/9/03, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council 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. 24; 9/9/03, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Krupicka and carried unanimously, City Council introduced and passed the Ordinance

on its first reading; set it for Public Hearing, Second Reading and Final Passage for Saturday, September 13, 2003. The voting was as follows:

Pepper "aye" Gaines "aye"
Krupicka "aye" Macdonald "aye"
Euille "aye" Smedberg "aye"
Woodson "aye"

OTHER

27. Consideration of City Council Schedule.

(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. 27; 9/9/03, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Gaines, seconded by Councilman Smedberg and carried unanimously, City Council received the schedule, which included adding the following: the 9th Annual Walk for Breast Cancer on October 25 at 8:30 a.m., the joint meeting at T.C. Williams in the cafeteria to provide a status update on the new T.C. Williams High School on September 15 at 7:30 p.m., the 24th Annual Salute to Women Award Banquet on March 29, 2004, and the Council Retreat on November 7 from 5:00 p.m. to 9:00 p.m., November 8 from 8:30 a.m. to 5:00 p.m., and November 9 from 8:30 a.m. to 11:00 a.m., (if needed) to the schedule. The voting was as follows:

Gaines "aye" Pepper "aye"
Smedberg "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Woodson "aye"

There was also a discussion about the December meeting dates, which may conflict with the National League of Cities Conference. Councilman Smedberg said he has a professional conflict on November 15.

EXECUTIVE SESSION

28. Consideration of convening an executive session closed to the public for consultation with counsel and staff regarding actual or probable litigation and other specific legal matters, pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, and for discussing the acquisition of real property for a public purpose, pursuant to Section 2.2-3711(A)(3) of the Code of Virginia.

WHEREUPON, upon motion by Councilwoman Woodson, seconded by Smedberg and carried unanimously, at 11:17 p.m., City Council convened in executive session, 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 probable litigation concerning the proper application of public trust proceeds, and under Section 2.2-3711(A)(3) for the purpose of discussing the acquisition of real property for a public purpose. The voting was as follows:

Woodson "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka "aye"
Macdonald "aye"

THEREUPON, upon motion by Councilwoman Woodson, seconded by Councilman Smedberg and carried unanimously, at 11:55 p.m., City Council reconvened the meeting. The voting was as follows:

Woodson "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka "aye"
Macdonald "aye"

WHEREUPON, upon motion by Councilwoman Woodson, seconded by Councilman Smedberg and carried unanimously on a ROLL CALL vote, City Council adopted the resolution pertaining to the executive session. the voting was as follows:

Woodson "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka "aye"
Macdonald "aye"

The resolution reads as follows:

RESOLUTION NO. 2080

WHEREAS, the Alexandria City Council has this 9th day of September 2003, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the city council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.

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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Woodson, seconded by Vice Mayor Pepper and carried unanimously, at 11:56 p.m., the Regular Meeting of Tuesday, September 9, 2003, was adjourned. The voting was as follows:

Woodson "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Macdonald "aye"
Smedberg "aye"

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APPROVED BY:

WILLIAM D. EUILLE MAYOR

ATTEST:

Jacqueline M. Henderson, 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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