Action Docket for Regular Meeting (05/10/2005)

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Office of the City Clerk
May 11, 2005

City Council Held a Work Session
With the Ad Hoc Transportation Task Force
at 5:30 p.m. in the Council Work Room.

Regular Meeting
Tuesday, May 10, 2005 - - 7:00 p.m.

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(REVISED 5/13/05)

OPENING

1. Calling the Roll.

The meeting was called to order by Mayor Euille, and the City Clerk called the roll; all the members of City Council were present.
Council Action:_________________________________________________________

2. Moment of Silence and Pledge of Allegiance.

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

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

(a) The Public Hearing Meeting Minutes of April 16, 2005;

(b) The Regular Meeting Minutes of April 26, 2005; and

(c) The Special Meeting Minutes of May 2, 2005.

City Council approved the public hearing meeting minutes of April 16, 2005 and the regular meeting minutes of April 26, 2005 (the minutes of May 2, 2005 were deferred.)
Council Action:_________________________________________________________

New Business Item No. 1: Mayor Euille said that since the adoption of the budget, he has been talking to Council about the admission tax, and he thought there was sentiment for doing some restructuring of the tax just approved. The new tax is sound and the broad exemptions appropriate, so it should be kept, but Council should rethink the structure. The 10 percent level with a 50 cent cap may be too high and Council should consider a lower rate. He said he has asked the City Manager to docket the item for reconsideration for the May 14 meeting.

New Business Item No. 2: Councilman Gaines noted the students from Bishop Ireton in the audience for a class assignment to observe the legislative process at the local level.

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

4. Presentation by the Alexandria Students Who Participated in the Youth Summit in Dundee, Scotland.

City Council recognized the students who participated in the youth summit.
Council Action:_________________________________________________________

5. Recognition of Graduates of the Life Skills for Successful Living Program.

City Council recognized the graduates of the Life Skills For Successful Living Program.
Council Action:_________________________________________________________

PROCLAMATIONS

6. Presentation of a Proclamation Declaring May as Older Alexandrians Month and Elder Abuse Prevention Month in the City of Alexandria.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

7. Presentation of a Proclamation Declaring May as Watershed Awareness Month in the City of Alexandria.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

8. Presentation of a Proclamation Declaring May 15-21, 2005, as National Public Works Week in the City of Alexandria.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

9. Presentation of a Proclamation Declaring May 21, 2005, as Commemoration Day in the City of Alexandria.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

10. Presentation of a Proclamation Declaring May 15-21, 2005, as Emergency Medical Services Week in the City of Alexandria.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

11. Presentation of a Proclamation Declaring May 22, 2005, as Residential Youth Services Day.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (12-24)

(Resignations and Uncontested Appointments)

12. Receipt of the Following Resignations from Members of Boards, Commissions and Committees.

(a) Alexandria Emergency Medical Services Council
Mary Gregerson

(b) Alexandria Potomac Yard Design Advisory Committee
Raphael “Rocky” Semmes

(c) Alexandria Sister Cities Committee
Peggie Dill

13. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria-Caen Sister City Committee
2 Citizen Members

(b) Alexandria Archaeological Commission
1 Member From the Alexandria Historical Society

(c) Alexandria Citizen Corps Council
1 Representative of Alexandria Civic Associations
1 Representative of the Crime Prevention Council, or
An Individual With Law Enforcement or Crime
Prevention Experience

(d) Alexandria Commission on Information Technology
1 Member Representing the Alexandria City School Board

(e) Alexandria Commission on Persons With Disabilities
1 Citizen Member Who Has A Disability

(f) Alexandria Early Childhood Commission
Designee of the President of the Alexandria Chamber
of Commerce

(g) Alexandria Human Rights Commission
1 Representative From the Alexandria Commission
For Women

(h) Alexandria Local Emergency Planning Committee
2 Representatives of Community Groups

(Reports and Recommendations of the City Manager)

14. Consideration of Submission of a Grant Application to the Department of Criminal Justice Services to Continue Community Corrections (Local Probation) and Pretrial Services Under the Comprehensive Community Corrections Act and Pretrial Services Act for FY 2006.

15. Consideration of Submission of a Renewal Grant Application to the Virginia Department of Environmental Quality for FY 2006 Pass-Through Funding From the U.S. Environmental Protection Agency for the City of Alexandria Air Pollution Control Program.

16. Receipt of the Alexandria Commission for the Arts Fiscal Year 2003-2004 Annual Report.

17. Consideration of Modification of Housing Trust Fund Loans to Community Lodgings, Inc.

18. Consideration of Submission of Citizen Corps Program Grant Application to the Virginia Department of Emergency Management.

19. Consideration of Approval of Grant Award From the Virginia Department of Social Services For Employment Advancement For Temporary Assistance For Needy Families (TANF) Recipients.

(Ordinances for Introduction)

20. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Dedicate One Cent of the Real Estate Tax Rate to Affordable Housing, Beginning July 1, 2005.

21. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Adopt the New Mount Vernon Avenue Small Area Plan.

22. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Adopt Zoning Regulations to Implement the New Mount Vernon Avenue Small Area Plan.

23. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Approve an Encroachment into the Sidewalk at 315 North Payne Street.

24. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Approve an Encroachment into the Sidewalk at Stabler Leadbeater Apothecary Museum.

END OF CONSENT CALENDAR

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

12. City Council accepted the following resignations with regret: (a) Mary Gregerson, Alexandria Emergency Medical Services Council; (b) Raphael "Rocky" Semmes, Alexandria Potomac Yard Design Advisory Committee; and (c) Peggie Dill, Alexandria Sister Cities Committee.

13. City Council made the following appointments: (a) appointed Laura Fields and Elizabeth Knisley as the two citizen members to the Alexandria-Caen Exchange Committee; (b) reappointed William Tabor as the member from the Alexandria Historical Society to the Alexandria Archaeological Commission; (c) appointed Mark Schwartz as the representative of Alexandria Civic Association and appointed Thomas Walczykowski as the representative of the Crime Prevention Council or an individual with law enforcement or crime prevention experience to the Alexandria Citizen Corps Council; (d) reappointed George Hagen as the member representing the Alexandria City School Board to the Alexandria Commission on Information Technology; (e) reappointed Ruth Soto as the citizen member who has a disability to the Alexandria Commission on Persons with Disabilities; (f) appointed Sean McEnearney as the designee of the president of the Alexandria Chamber of Commerce to the Alexandria Early Childhood Commission; (g) reappointed Jenny Wade as the representative from the Alexandria Commission for Women to the Alexandria Human Rights Commission; and (h) appointed Marilee Cunningham and reappointed Karen Helbrecht as the two representatives of community groups to the Alexandria Local Emergency Planning Committee.

14. City Council authorized the City Manager to: (a) submit a grant application to the Virginia Department of Criminal Justice Services (DCJS) for continuation funding for the second half of the current biennial grant cycle (FY 2006), in the amount of $424,097, under the Comprehensive Community Corrections Act-Pretrial Services Act (CCCA-PSA.) Last year's application covered funding for the FY 2004-2005 biennial grant cycle. Due to the short turn around time provided by DCJS, the submission was forwarded to DCJS in accordance with the May 2 deadline, contingent upon City Council's approval at its May 10, 2005, legislative session; (b) approve the continuation of six full-time positions to deliver the services to be provided under these grant programs. These grant funded positions would terminate upon the expiration of the grant and the individuals filling these positions will be notified of this condition of employment and sign an agreement of understanding with regard to this condition; and (c) execute all documents that may be required.

15. City Council authorized the City Manager to: (a) submit a renewal grant application to the Virginia Department of Environmental Quality for FY 2006 pass-through funding from EPA, in the amount of $43,730, for the City of Alexandria Air Pollution Control Program; and (b) execute all necessary documents that may be required.

16. City Council received the annual report from the Alexandria Commission for the Arts and thanked the Commission for its efforts on behalf of the City.

17. City Council approved the following modification to the Housing Trust Fund loan on 612 Notabene Drive: Property: 612 Notabene; current payment: $1,070.44; current payoff date: October 2006; proposed payment: $194.50; proposed payoff date: July 2014; and monthly savings: $875.94.

18. City Council: (a) approved the submission of the grant application to VDEM; and (b) authorized the City Manager to submit this application for State assistance.

19. City Council: (a) authorized the grant award in the amount of $125,000 to provide intensive employment services for TANF (Temporary Assistance for Needy Families) recipients with special difficulties finding and maintaining employment; and (b) authorized the City Manager to execute all documents as may be required.

20. City Council passed the proposed ordinance on first reading and scheduled it for public hearing, second reading and final passage on May 14, 2005.

21. City Council passed the proposed ordinance on first reading and scheduled it for public hearing, second reading and final passage on May 14, 2005.

22. City Council passed the proposed ordinance on first reading and scheduled it for public hearing, second reading and final passage on May 14, 2005.

23. City Council passed the proposed ordinance on first reading and scheduled it for public hearing, second reading and final passage on May 14, 2005.

24. City Council passed the proposed ordinance on first reading and scheduled it for public hearing, second reading and final passage on May 14, 2005.
Council Action:_________________________________________________________

CONTESTED APPOINTMENTS

25. Alexandria Commission for Women
3 Citizen Members

City Council reappointed Susan Butler, Sara Donahue and Tina Games-Evans as the three citizen members to the Alexandria Commission for Women.
Council Action:_________________________________________________________

26. Alexandria Citizen Corps Council
4 Citizen Members

City Council appointed Richard Benet, Jeffrey Dienno, Peter Pennington and Michael Wenk as the four citizen members to the Alexandria Citizen Corps Council.
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

27. Deferral from April 16, 2005 and April 26, 2005. Case No. 2004-0274 - Appeal, Board of Architectural Review, 325 N. Patrick Street, zoned RB Residential. Appeal of the BAR's Decision Approving a Request For a Garage Addition. Appellant is Raymond P. Deakins on Behalf of Petitioners. (#12, 4/16/05)

City Council modified the decision of the Board of Architectural Review and affirmed the decision as modified.
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

(a) Councilman Smedberg said the Northern Virginia Regional Commission had a meeting with the State Delegation and talked about the relations between the State Legislators and what it could do to improve those relations.

(b) Vice Mayor Pepper said she represents the Council on the Commission on Aging and one of the things they have been concerned about is a letter received from the Alexandria Yellow Cab Company, and she asked for staff to give an update as to how they are responding to that letter.

Transportation and Environmental Services Deputy Director Culpepper gave an update on how staff is responding.
Council Action:_________________________________________________________

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Vice Mayor Pepper said that last weekend, there was a regional foster parent appreciation event, and a couple from Alexandria were recognized for taking a young lady into their home to be foster parents, and she represented the City when they received the honor.

(b) Councilman Krupicka said that on Saturday, May 21, Del Ray will have its first open air movie festival by the Mt. Vernon Recreation Center, from 7 to 10 p.m., and the movie will be Shrek.

(c) Councilman Krupicka said one of the recommendations BFAAC brought forward in the budget process was to take a look at health care benefits to make sure they are competitive with the region and sustainable financially, and he asked if Council needed to bring it formally back to give them that charge.

City Manager Hartmann said staff supports looking at that and he would convey the Council's wishes to BFAAC.

(d) Councilman Krupicka said he received the April crime report and it is an excellent document and he appreciated the Police Department putting as much effort as they do into the reports, and he said he found them very helpful.

(e) Councilman Krupicka said that over the last year, he has participated in a natural resources program put on by Virginia Tech and the University of Virginia, and once a month they go to a different part of the state and explore the natural resource issues in that part of the state. He said they have visited the coal mines of Appalachia, the polluted waters on the Chesapeake, as well as farmland in the state. He said applications are out for next year and are available in the City Clerk's Office.

(f) Councilwoman Woodson thanked all the people that helped and participated in the Parent Leadership Institute on April 28 in which it had a town hall type meeting with a group from Connecticut with well over 50 people. She noted that a majority of this was donated and it is not something the municipality pays for.

(g) Councilwoman Woodson said she attended a meeting at ARHA on Monday, and there are issues that Council needs to talk about, and it very likely would require a great deal of city involvement in the way of money from the housing fund, and she asked that it be docketed at some point.

Mayor Euille said there is a standing subcommittee on the Chatham Square project, and he and Councilman Krupicka represent Council on that committee, and there is a standing subcommittee on ARHA, which he and Vice Mayor Pepper serve on, and ARHA's subcommittee meeting is scheduled for this Friday at 2:30 and they will make sure that they talk about Chatham Square. He said perhaps there needs to be an executive session meeting with Council and ARHA, since it involves contract matters and finances, rather than docketing the item.

(h) Councilwoman Woodson said the Freedom of Information Act is one of the hallmarks of democracy that people have access to information and have unfettered information. The sunshine laws in Virginia take it another step, and having citizen government in the way of commissions and task forces that advise Council point to the kind of government that citizens in Virginia have expected. She said Council received a FOIA and she questioned its intent and the staff time for the request.

(i) Councilman Smedberg said the Arlandria Clinic had its annual fundraiser where they raised $70,000.

(j) Councilman Smedberg acknowledged the efforts of the Mirant working group that he and the Vice Mayor serve on. He said they have learned that Mirant has applied to the FAA and the EPA for increased stack heights, it is believed so they can get around the downwash issue. He applauded the commission for its efforts.

(k) Councilman Macdonald sent his condolences to the family of Jung Hee Yoon, who was struck and killed recently.

(l) Mayor Euille noted that tomorrow morning at 10 a.m., Council is invited to be with News Channel 4, who will be at the Woodrow Wilson Bridge Coordinating Offices on Eisenhower Avenue to have a news conference discussion with members of Council about the community pathways initiative.
Council Action:_________________________________________________________

ORAL REPORT FROM THE CITY MANAGER

The City Manager reported on the following: (a) he asked Assistant City Manager Jinks to report on a meeting yesterday with Congressman Moran regarding base closure recommendations from the Secretary of Defense to Congress; (b) the City docks damaged by Hurricane Isabel in 2003 have been open and are open for use; (c) the Government Finance Officers Association presented the City with a certificate of achievement for excellence in financial reporting for the 27th consecutive year; and (d) Alexandria Police Officer Steven Parker will receive a statewide award in Richmond for his efforts against auto theft and he will receive a LEO (Law Enforcement Officer) award from HEAT (Help Eliminate Auto Theft.)

Mayor Euille noted that the City has been honored and awarded by a national arts organization for being one of the top 25 cities in America for its commitment and dedication to the arts.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

28. Consideration of Amending the Resolution Establishing the Community Anti-Gang Task Force to Add a Representative of the Hispanic Business Community. (ROLL-CALL VOTE)

City Council: (a) approved the addition of a designated position for a leader in the Hispanic business community to the membership of the Alexandria Gang Prevention community Task Force; (b) repealed Resolution No. 2028; and (c) adopted the resolution which effects the change and authorized the Mayor to make the appointment. (Res. No. 2151)
Council Action:_________________________________________________________

OTHER

29. Consideration of City Council Schedule.

City Council received a revised calendar for April through June, 2005, which includes: scheduling a work session on the presentation of the design work on Four Mile Run before its Tuesday, June 14 legislative meeting at 6:30 p.m., in the Council Work Room following the 6 p.m. reception for Alexandria Commission on Persons with Disabilities award winners; and noted the All America City Award Competition will be held in Atlanta on Friday, June 24 and Saturday, June 25.
Council Action:_________________________________________________________

EXECUTIVE SESSION

30. Consideration of Convening An Executive Session Closed to the Public For Discussion of Pending and Probable Litigation, pursuant to Section 2.2-3711(A)(7) of the Code of Virginia.

At 9:35 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 actual and probable litigation regarding zoning and environmental matters.

At 9:43 p.m., City Council reconvened the meeting.

City Council authorized the City Attorney to proceed with litigation along the lines discussed with Council.

City Council adopted the resolution pertaining to the Executive Session. (Res. No. 2152)
Council Action:_________________________________________________________

The meeting adjourned at 9:43 p.m.

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.

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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