Action Docket for Regular Meeting (06/14/2005)

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Office of the City Clerk
June 15, 2005

The Commissions on Persons With
Disabilities Held a Reception
To Honor the 2005 Recipients of the
John Duty Collins, III, Outstanding
Advocate Award and Gerry Bertier
Scholarship in Room 2000 at 6:00 p.m.

City Council Held a Work Session
at 6:30 p.m. in the Council Work
Room to Discuss the Four Mile Run
Design Work.

Regular Meeting
Tuesday, June 14, 2005 - - 7:00 p.m.

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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 Special Meeting Minutes of May 17, 2005; and

(b) The Regular Meeting Minutes of May 25, 2005.

City Council approved the special meeting minutes of May 17, 2005 and the regular meeting minutes of May 25, 2005.
Council Action:_________________________________________________________

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

4. (a) Presentation by The MacChorus at Douglas MacArthur Elementary
School.

(b) Recognition of "Lupe's Kids."

City Council heard a selection of music from The MacChorus from Douglas MacArthur Elementary School and recognized the Latino American Student Society (Lupe's Kids.)
Council Action:_________________________________________________________

PROCLAMATIONS

5. Presentation of the Student Human Rights Awards.

City Council recognized the student human rights award winners.
Council Action:_________________________________________________________

6. Presentation of a Proclamation Declaring June as Safe Graduation Month.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (7-27)

(Resignations and Uncontested Appointments)

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

(a) Alexandria Budget and Fiscal Affairs Advisory Committee
Anna Leider

(b) Alexandria Commission for the Arts
Lien Tran

(c) Alexandria Human Rights Commission
Scott E. Schwartz

(d) Alexandria Landlord-Tenant Relations Board
Adam R. Goldstein

(e) Alexandria Potomac Yard Design Advisory Committee
Stephanie Sample

(f) Alexandria Social Services Advisory Board
Alison DeCourcey

(g) Alexandria Traffic and Parking Board
Thomas Walczykowski

(h) Alexandria Transportation Safety Commission
Thomas Walczykowski

(i) Alexandria Youth Policy Commission
Brian Principato

8. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria-Caen Exchange Committee
2 Citizen Members

(b) Alexandria-Gyumri Sister City Committee
2 Citizen Members

(c) Alexandria Citizen Corps Council
1 Representative of the Alexandria Chapter of the
American Red Cross

(d) Alexandria Commission on Aging
1 Representative of A Supportive Services Provider

(e) Alexandria Commission on HIV/AIDS
1 Member From and Representing the City of Alexandria
Public Schools

(f) Alexandria Commission on Persons With Disabilities
1 Citizen Member

(g) Alexandria Emergency Medical Services Council
1 Citizen Member

(h) Alexandria Environmental Policy Commission
2 Members From the Field of Environmental Sciences
(e.g. Environmental/Sanitary Engineering, Ecology, Geology,
Botany, Hydrology, Chemistry) or Who Have Alexandria
Waterfront Expertise

(i) Historic Alexandria Resources Commission
1 Representative From the Torpedo Factory Artists Association
1 Member From Planning District I

(j) Alexandria Public Records Advisory Commission
1 Citizen Member

(k) Alexandria Sister Cities Committee
1 Citizen Member

(l) USS Alexandria Liaison Committee
1 Representative From the U.S. Navy League

(m) Alexandria Waterfront Committee
1 Representative From the Alexandria Convention
and Visitors Association

(n) Alexandria Youth Policy Commission
1 Representative of the Business Community

(Reports and Recommendations of the City Manager)

9. Consideration of a Non-Competitive Grant Application to the Virginia Department of Environmental Quality, Litter Prevention and Recycling Program, for Funding for the Adopt-A-Park Litter Control Program.

10. Consideration of a Memorandum of Understanding Between Potomac Rappahannock Transportation Company and the City of Alexandria For West End Transportation for the Department of Parks, Recreation and Cultural Activities Programs.

11. Consideration of Application for Local Capability Assessment for Readiness (LCAR) Funds From the Virginia Department of Emergency Management.

12. Receipt of Proposed Gift to the City of the Stabler-Leadbeater Apothecary Museum and Its Collections.

(Ordinances for Introduction)

13. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Provisions in the City Code Regulating Inoperable Motor Vehicles.

14. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Provisions of the City Code to Enhance Enforcement Options For Motor Vehicles on Which Personal Property Taxes Are Delinquent.

15. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Provisions of the City Code Establishing the City’s Residential Rental Inspection and Permit Program.

16. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Provisions of the City Code to Allow Home Daycare and Health Care Providers to Obtain Permits to Park in Residential Permit Parking Districts.

17. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Provisions of the City Code to Reform the BPOL Tax.

18. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Provisions of the City Code Requiring the Removal of Graffiti.

19. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the City Code to Regulate the Operation of Mopeds and “Pocket Bikes.”

20. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Provisions of the City Code Establishing Fire Prevention Regulations.

21. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Adopt the King Street Retail Strategy as a Part of the City’s Master Plan.

22. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Adopt the King Street Urban Retail Zone.

23. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Adopt the King Street Outdoor Dining Overlay Zone.

24. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Establish a New Parking Meter Zone in East Eisenhower.

25. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Approve an Encroachment For a Hotel Canopy at 400 Courthouse Square.

26. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance Making Supplemental Appropriations For FY 2005.

27. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance Making Appropriations For FY 2006.

END OF CONSENT CALENDAR

City Council approved the Consent Calendar as follows, with the removal of items 9, 15 and 17 and considered them under separate motion. The City Manager's recommendations were as follows:

7. City Council accepted the following resignations with regret: (a) Anna Leider, Alexandria Budget and Fiscal Affairs Advisory Committee; (b) Lien Tran, Alexandria Commission for the Arts; (c) Scott E. Schwartz, Alexandria Human Rights Commission; (d) Adam R. Goldstein, Alexandria Landlord-Tenant Relations Board; (e) Stephanie Sample, Alexandria Potomac Yard Design Advisory Committee; (f) Alison DeCourcey, Alexandria Social Services Advisory Board; (g) Thomas Walczykowski, Alexandria Traffic and Parking Board; (h) Thomas Walczykowski, Alexandria Transportation Safety Commission; and (i) Brian Principato, Alexandria Youth Policy Commission.

8. City Council made the following appointments: (a) appointed Joseph LaMountain and Jayne Clancy as the two citizen members to the Alexandria-Caen Exchange Committee; (b) appointed Christine Coussens and Jeffrey Swedberg as the two citizen members to the Alexandria-Gyumri Sister City Committee; (c) waived the residency requirement and appointed Dawn Matterness as the one representative of the Alexandria Chapter of the American Red Cross to the Alexandria Citizen Corps Council; (d) appointed Lisa Baranello as the one representative of a supportive services provider to the Alexandria Commission on Aging; (e) reappointed Dennis Burstein as the one member from and representing the City of Alexandria Public Schools to the Alexandria Commission on HIV/AIDS; (f) appointed Carl Lee as the one citizen member to the Alexandria Commission on Persons with Disabilities; (g) reappointed Paul Prevost as the one citizen member to the Alexandria Emergency Medical Services Council; (h) appointed Jane Casteline and waived the residency requirement and appointed Thomas Hewson, Jr., as the two members from the field of Environmental Sciences (e.g. Environmental/Sanitary Engineering, Ecology, Geology, Botany, Hydrology, Chemistry) or who have Alexandria waterfront expertise to the Alexandria Environmental Policy Commission; (i) reappointed Murney Keleher as the one representative from the Torpedo Factory Artist Association and reappointed Susan Horne-Quantannens as the one member from Planning District I to Historic Alexandria Resources Commission; (j) reappointed Charles Ziegler as the one citizen member to the Alexandria Public Records Advisory Commission; (k) appointed Giancarla Miele as the one citizen member to the Alexandria Sister Cities Committee; (l) waived the residency requirement and appointed Frederick Gorell as the one representative from the U.S. Navy League to the USS Alexandria Liaison Committee; (m) appointed JoAnne Mitchell as the one representative from the Alexandria Convention and Visitors Association to the Alexandria Waterfront Committee; and (n) appointed Christina Richardson-Jones as the one representative of the business community to the Alexandria Youth Policy Commission.

9. City Council authorized the City Manager to: (a) submit a non-competitive grant application to the Virginia Department of Environmental Quality, Litter Prevention and Recycling Program, for funding in the approximate amount of $13,176 for the Adopt-a-Park Litter Control Program (the exact amount to be determined by the Virginia Department of Environmental Quality for July 15, 2005); and (b) execute all necessary documents that may be required. (separate motion)

10. City Council authorized the City participation in the Memorandum of Understanding and authorized the City Manager to execute the document.

11. City Council: (a) accepted the funds, in the amount of $2,000 provided to complete the LCAR; and (b) authorized the City Manager to execute all necessary documents that may be required.

12. City Council: (a) agreed in concept to the offer and gift of the Stabler-Leadbeater Apothecary Museum and its collection; (b) requested the City Manager to conduct necessary planning and due diligency needed to meet any legal requirements for future acceptance of the property and its collection; and (c) plan to docket the formal acceptance of the gift of the Stabler-Leadbeater Apothecary Museum and its collection in the fall of 2005.

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

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

15. City Council passed the proposed ordinance on first reading, scheduled it for public hearing, second reading and final passage on June 21, 2005. (separate motion)

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

17. City Council passed the proposed revised ordinance on first reading, scheduled it for public hearing, second reading and final passage on June 21, 2005. (separate motion)

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

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

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

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

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

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

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

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

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

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

Council Action:_________________________________________________________

CONTESTED APPOINTMENTS

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

City Council appointed Thomas Marlow as the one citizen member to the Alexandria Board of Architectural Review - Parker-Gray District.
Council Action:_________________________________________________________

29. Alexandria Citizen Corps Council
1 Member In Good Standing of the CERT Program

City Council appointed William Dickinson as the one member in good standing of the CERT Program to the Alexandria Citizen Corps Council.
Council Action:_________________________________________________________

30. Alexandria Commission for Women
2 Citizen Members

City Council reappointed Dianne Cherry and Deborah Connor as the two citizen members to the Alexandria Commission for Women.
Council Action:_________________________________________________________

31. Alexandria Commission on Employment
2 Business Representatives From Among Recognized Area
Businesses Including Minority-Owned and Small Businesses

City Council appointed Iris Henley and reappointed Jacqueline Woodard as the two business representatives from among recognized area businesses including minority-owned and small businesses to the Alexandria Commission on Employment.
Council Action:_________________________________________________________

32. Alexandria Board of Review of Real Estate Assessments
1 Citizen Member

City Council appointed Joseph Grouby as the one citizen member to the Alexandria Board of Review of Real Estate Assessments.
Council Action:_________________________________________________________

33. Alexandria Traffic and Parking Board
1 Citizen Member

City Council appointed Thomas Johnson, Jr., as the one citizen member to the Alexandria Traffic and Parking Board.
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

34. Consideration of Amendments to the License Agreements For Docking the Miss Mallory, Miss Christin and Cherry Blossom at the City Marina.

City Council approved and authorized the City Manager to execute the attached three license agreements with Potomac Riverboat Company, allowing it to berth the Cherry Blossom, Miss Christin and Miss Mallory in commercial docket space at the City marina.
Council Action:_________________________________________________________

35. Receipt of the Jones Point Park Concept Plan Alternatives and Setting Them for Public Hearing on Monday, June 27, 2005.

City Council: (a) received the Jones Point Park Work Group Report and staff recommendations; (b) thanked the members of the Jones Point Park Work Group for their time and effort on behalf of the City; (c) scheduled the report including the options for the Alternative Concept Plan for public hearing on Monday, June 27, and (d) following the June 27 public hearing, docket the item for Council's Tuesday, June 28 legislative meeting so that Council can approve an alternative concept plan that will be forwarded to the National Park Service for their consideration this summer, with an amendment from a suggestion by the representatives of the Old Town Civic Association and Yates Garden Civic Association, whereby there would be one youth sized multi-purpose field south of the Woodrow Wilson Bridge, to include parking inside the perimeter of the park, and a design that was different than what was presented, and for staff to work with those two groups to also consider that presentation.
Council Action:_________________________________________________________

36. Receipt of Recommendations of the Open Space Steering Committee and Setting them for Public Hearing in September.

City Council: (a) received the Open Space Steering Committee's Recommendations 2005 report; and (b) plan for and conduct a public hearing in the fall of 2005 (Saturday, September 17) on the Open Space Steering Committee's recommendations, including its list of Open Space Priority Sites.
Council Action:_________________________________________________________

37. Receipt of the Report of the Developer Housing Contribution Policy Work Group.

City Council: (a) accepted the Report of the Developer Housing Contribution Policy Work Group; and (b) requested staff to prepare and process affordable housing amendments to the Zoning Ordinance that are needed with regard to bonus density.
Council Action:_________________________________________________________

38. Consideration of the Alexandria Community Services Board's (1) Amended 2006 Plan of Services, Which Includes the 2006 Performance Contract with the State, and (2) Status of the Board's FY 2004-2008 Housing Plan.

City Council approved the Board's amended FY 2006 Plan of Services, which includes approval of the Performance Contract with the State and a net increase of 1.0 FTE's.
Council Action:_________________________________________________________

39. Receipt of Human Rights Commission Report on Citizen Appointments to City Boards and Commissions.

City Council: (a) received the report; (b) thanked the members of the Human Rights Commission for their work on behalf of the City; and (c) adopted the recommendations of the Human Rights Commission as follows: (i) the voluntary form should be styled like the City's Affirmative Action Data Form, which is currently used for employment. While the applicant should be informed that submission of the form is voluntary, this should not be the initial message the candidate reads as it may discourage his/her participation; (ii) the voluntary submission form should be made available online, as is the employment form. With the increased use of the Internet as a recruitment source, this step is vital in order to ensure that applicants submit data; (iii) there should be a separate data box for Incumbents for the Recruitment Sources portion of the form. Currently, incumbents mostly mark the "other" box when asked how they were informed of the position; (iv) Sexual orientation should remain on the form for at least one more cycle, but a "prefer not to answer" box should be added. If data submission rates continue to decline, the Commission and City Council should revisit the issue.
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

(a) Vice Mayor Pepper said she represents the Council on the Council of Governments and the Northern Virginia Regional Commission, and they had some concern about the BRAC Commission report, which had recommended the closure of certain bases, but had recommended that certain leased space that is being occupied by the various military facilities that the leased office space be closed and that some of that business be sent to bases that they already own. She said the City, as well as other jurisdictions, sent a letter to the BRAC Commission, to ask for the opportunity to have a public hearing before the BRAC Commission in Northern Virginia, and it now appears there will be a hearing in D.C. on D.C. matters. They are expecting to have the Alexandria issues heard on July 7. The case the City will make is along the ideas of economics of closing down the leased space and building all new on-base space, and they want to point out that some of the Department of Defense building security standards are excessive and very few spaces in Northern Virginia are able to meet those kind of standards. Vice Mayor Pepper noted that Congressman Moran is holding his own BRAC/Town Hall meeting on June 20 at noon at George Mason University Law School in Arlington. She said the State is holding a meeting tomorrow of local staff to go over post BRAC Federal Programs, and the City will be represented at that meeting.
Council Action:_________________________________________________________

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilwoman Woodson said when it had a joint meeting with the Planning Commission, the Commission asked staff to get back to them with regard to infill, and she did attend a meeting that citizens held this weekend on Sunday on the mansionization issue. This is a good time, since the Planning Commission has already asked staff to respond to them about infill, that they also weigh-in and the City Attorney's office could weigh in on what mechanisms they have available that allow them to handle legally the issue of mansionization. She asked that it come back to Council as well.

(b) Councilwoman Woodson said the United States Senate has just made an apology for lynching, and there was a lynching in Old Town. She said it was an off-hand offense and she was not sure why an apology was necessary, if in fact they already have laws on the books that prevent the killing of human beings. She said the real issue isn't that they should be apologizing, the issue is that the Senate did not have the gumption to stand up to some of the Southern Democrats and say they should have a law about this, but that rather, they stood up and said they should be prosecuting the people who are doing this. She said the Senate and Congress need to come to terms with reparations that were made with the Holocaust victims in Germany, with the Japanese internment in the United States, and it does concern her. She said that while an apology is nice, it is the wrong apology.

(c) Councilman Macdonald said several changes have been instituted along King Street, including outdoor dining, which is great. He said they have to deal with how to reduce the level of streetscape noise overall, from motorcycles and buses, and it makes it less attractive to sit outside. He said they should think about a comprehensive noise reduction effort.

(d) Councilman Macdonald said he was hoping they would get the real estate appraisal for Gunston Hall soon.

City Attorney Pessoa said it will be coming in the next month.

(e) Councilman Macdonald noted the passing of a long-time Alexandria resident Bob Reed, who lived on Wolfe Street, who died a few days ago.

(f) Councilman Krupicka said he would not be at the public hearing next week, and will be out of town at his sister's graduation from nursing school.
Council Action:_________________________________________________________

ORAL REPORT FROM THE CITY MANAGER

Battalion Chief John North reported on the 911 call made yesterday, which should have been routed to Fairfax County, but instead went to the City's dispatch system, and the mix-up from Fairfax County on dispatching the call.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

40. Second Reading and Final Passage of an Ordinance to Adopt a New Regulatory Framework For the Taxi Cab Industry. (#20, 4/26/05, #10, 5/14/05) [ROLL CALL VOTE]

City Council received the report and accompanying ordinance to revise the City's taxicab regulations for second reading and approved the accompanying ordinance, as was amended, as follows: To adopt the staff recommendations and modifications contained in the presentation this evening, with the inclusion of the City Attorney's suggestion that they add to the dispatch definition language from the general public as discussed; they make the changes as Councilwoman Woodson discussed during the commentary about convictions and violations; that they make it clear that the industry workgroup is advisory to staff and traffic and parking board, and not to the City Council, and that they ask staff to come back with the final recommendations vis-a-vis the full make-up of such a body and who is on it at a time that is convenient and appropriate for the industry; the staff recommendation for mobility be changed, that they maintain it at 10 percent with the bonus of five percent in year one, that in years two and three, the compromise of 15 percent, the bonus remains the same, and then it falls back at the end of the third year to 10 percent and five; and to include backfill provisions as included in the staff recommendation/ordinance. (ORD. NO. 4402)
Council Action:_________________________________________________________

41. Consideration of a Resolution to Approve an Amended Lease For the Birmingham Green District Home and Authorization for the City Manager to Execute Documents. [ROLL CALL VOTE]

City Council adopted the resolution approving the amended leases, and authorizing the City Manager to execute all documents necessary to complete the development of the new facilities. (RES. NO. 2154)
Council Action:_________________________________________________________

42. Consideration. First and Second Reading. Final Passage of an Ordinance to Adopt Supplement No. 36 to the City of Alexandria Zoning Ordinance. [ROLL CALL VOTE]

City Council adopted Supplement No. 36 to the City of Alexandria Zoning Ordinance. (ORD. NO. 4403)
Council Action:_________________________________________________________

OTHER

43. Consideration of City Council Schedule.

City Council received the tentative schedule of Council's regular City Council meetings for September 2005 through June 2006, to include the following: to reserve Saturday, October 29 as the date for Council's annual fall retreat; to note the following event that has been included on the Council Calendar: The City's annual USA/Alexandria Birthday Celebration on Saturday, July 9 from 6:00 p.m. to 10:30 p.m. at Oronoco Bay Park.
Council Action:_________________________________________________________

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The meeting adjourned at 12:01 a.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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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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