Meeting Minutes for Regular Meeting (01/09/2007)

Regular Meeting
Tuesday, January 9, 2007 - - 7:00 p.m.

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

Absent: None.

Also Present: Mr. Hartmann, City Manager; Ms. Applebaum Schaub, Senior Assistant City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Police Lt. Uzzell; Ms. Boyd, Director, Citizen Assistance; Mr. Johnson, Director, Office of Management and Budget; Mr. Kincannon, Director, Recreation, Parks and Cultural Activities; Ms. Vosper, Landscape Architect, Recreation, Parks and Cultural Activities; Ms. Durham, Recreation, Parks and Cultural Activities; Mr. Skrabak, Division Chief, Environmental Quality, Transportation and Environmental Services; Mr. Mackey, Gang Prevention Coordinator; Ms. Triggs, Acting Director, Office of Finance; Ms. Collins, Director, Human Services; Mr. Hannigan, Public Information Officer; Mr. Mason, Special Assistant to the City Manager; Mr. Josephson, Acting Director, Planning and Zoning; Mr. Hunt, Planning and Zoning; Dr. Gilmore, Director, Mental Health, Mental Retardation and Substance Abuse; and Mr. Lloyd.

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

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City Council held a work session prior to the meeting on the Before and After School/Out of School Programs.
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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.

2. Moment of Silence and Pledge of Allegiance.

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

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

(a) The Regular Meeting Minutes of December 12, 2006; and

(b) The Public Hearing Meeting Minutes of December 16, 2006.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Gaines and carried unanimously, City Council approved the regular meeting minutes of December 12, 2006, and the public hearing meeting minutes of December 16, 2006. The voting was as follows:

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

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

Mayor Euille recognized the eighth grade ESL civics class students in the audience from Hammond Middle School.

PROCLAMATIONS

4. Presentation of a Proclamation Declaring January as Mentoring Awareness Month.

(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. 4, 1/9/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Macdonald and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

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

5. Presentation of a Proclamation Declaring Monday, January 15 as Martin Luther King, Jr. Day in Alexandria and Setting Aside January 8-15 in Memorial Observance of the Late Dr. King and His Numerous Contributions to the American Way of Life.

(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, 1/9/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Macdonald and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (6-10)

(Resignations and Uncontested Appointments)

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

(a) Alexandria Archaeological Commission
Timothy P. Peterson

(b) Alexandria Commission for the Arts
Ellen Rains Harris

(c) Alexandria Industrial Development Authority
Roger Machanic

(A copy of the above resignations is on file in the Office of the City Clerk and Clerk of Council, marked collectively Exhibit No. 1 of Item No. 6 (a-c); 1/9/07, and is incorporated as part of this record by reference.)

7. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Commission on Employment
1 Citizen-at-Large

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

(c) Alexandria Commission on Persons With Disabilities
2 Citizen Members (One of Whom Must Have A Disability)

(d) Alexandria Consumer Affairs Commission
1 Citizen Member

(e) Alexandria Board of Review of Real Estate Assessments
1 Citizen Member

(f) Alexandria Redevelopment and Housing Authority Board of
Commissioners
1 Member From the Alexandria Resident Council

(A copy of 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 No. 7 (a-f); 1/9/07, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

8. Receipt of Staff Report on Extension of the Lease for the Warwick Pool and the Landover Park Property and Setting the Report for Public Hearing on Saturday, January 20, 2007.

(A copy of the City Manager's memorandum dated January 3, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/9/07, and is incorporated as part of this record by reference.)

(Ordinances for Introduction)

9. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Conform the City’s Cigarette Tax Regulations to Recent Amendments by the Northern Virginia Cigarette Tax Board.

(A copy of the City Manager's memorandum dated January 3, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 1/9/07, and is incorporated as part of this record by reference.

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. 2 of Item No. 9; 1/9/07, 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. 3 of Item No. 9; 1/9/07, and is incorporated as part of this record by reference.)

10. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Increase Certain Parking Ticket Fines.

(A copy of the City Manager's memorandum dated January 4, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 1/9/07, and is incorporated as part of this record by reference.

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. 2 of Item No. 10; 1/9/07, 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. 3 of Item No. 10; 1/9/07, and is incorporated as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Gaines and carried unanimously, City Council approved the consent calendar, with the removal of item #8, which was considered under separate motion. The City Manager's recommendations were as follows:

6. City Council accepted the following resignations with regret: (a) Timothy P. Peterson, Alexandria Archaeological Commission; (b) Ellen Rains Harris, Alexandria Commission for the Arts; and (c) Roger Machanic, Alexandria Industrial Development Authority.

7. City Council made the following appointments: (a) appointed Martin Kormanik as the one citizen at large to the Alexandria Commission on Employment; (b) appointed Scott Newsham as the one member representing the Alexandria City School Board to the Alexandria Commission on Information Technology; (c) appointed James Graham (identified a disability) and reappointed Louise Harrison (identified a disability) as the two citizen members (one of whom must have a disability) to the Alexandria Commission on Persons with Disabilities; (d) reappointed Katherine Phillipp as the one citizen member to the Alexandria Consumer Affairs Commission; (e) reappointed Lin Hiley as the one citizen member to the Alexandria Board of Review of Real Estate Assessments; (f) appointed Dianiacia Brooks as the one member from the Alexandria resident council to the Alexandria Redevelopment and Housing Authority Board of Commissioners.

9. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, January 20, 2007.

10. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, January 20, 2007.

The voting was as follows:

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

8. Receipt of Staff Report on Extension of the Lease for the Warwick Pool and the Landover Park Property and Setting the Report for Public Hearing on Saturday, January 20, 2007.

(A copy of the City Manager's memorandum dated January 3, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/9/07, and is incorporated as part of this record by reference.)

Councilman Smedberg asked about making improvements to the park and the lease, which was answered by Mr. Kincannon.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilwoman Pepper and carried unanimously, City Council: (1) received staff's recommendation to extend the existing lease for a period of 35 years, beginning on August 1, 2007, per the option guaranteed therein; and (2) scheduled a public hearing on Saturday, January 20, 2007. The voting was as follows:

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

CONTESTED APPOINTMENTS

11. Alexandria Commission For The Arts
1 Member Who Represents Arts Education or Business Expertise
Relative to Arts and Cultural Development, Including Such
Perspectives As Marketing, Finance/Funding, Tourism
Promotion and Organizational Development

(The following persons volunteered for appointment to the above Commission:)

NAME: ENDORSED BY:

Elizabeth McDaniel
Ann Greer

(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. 11; 1/9/07, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council appointed Ann Greer as the one member who represents arts education or business expertise relative to arts and cultural development, including such perspectives as marketing, finance/funding, tourism promotion and organization development to the Alexandria Commission for the Arts. The voting was as follows:

Euille - Greer
Macdonald - Greer
Gaines - Greer
Krupicka - Greer
Lovain - Greer
Pepper - Greer
Smedberg - Greer

12. Alexandria Commission on Aging
1 Citizen Member

(The following persons volunteered for appointment to the above Commission:)

NAME: ENDORSED BY:

Ellen Price
Sabrina Reilly

(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; 1/9/07, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council appointed Sabrina Reilly as the one citizen member to the Alexandria Commission on Aging. The voting was as follows:

Euille - Reilly
Macdonald - Price
Gaines - Reilly
Krupicka - Reilly
Lovain - Reilly
Pepper - Reilly
Smedberg - Reilly

13. Alexandria Environmental Policy Commission
1 Member With Experience in Federal or State Environmental
Statutes, Regulations and Procedures ( Preferably An Attorney)

(The following persons volunteered for appointment to the above Commission:)

NAME: ENDORSED BY:

Danielle Fidler
David Williamson

(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; 1/9/07, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Danielle Fidler as the one member with experience in federal or state environmental statutes, regulations and procedures (preferably an attorney) to the Alexandria Environmental Policy Commission. The voting was as follows:

Euille - Fidler
Macdonald - Fidler
Gaines - Fidler
Krupicka - Fidler
Lovain - Fidler
Pepper - Fidler
Smedberg - Fidler

14. Alexandria Sister Cities Committee
3 Citizen Members

(The following persons volunteered for appointment to the above Commission:)

NAME: ENDORSED BY:

David Aaron
Scott Allen
Ari Gerstman
Robert Tap

(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; 1/9/07, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council appointed Scott Allen, Ari Gerstman and Robert Tap as the three citizen members to the Alexandria Sister Cities Committee. The voting was as follows:

Euille - Tap, Allen, Gerstman
Macdonald - Tap, Allen, Gerstman
Gaines - Tap, Allen, Gerstman
Krupicka - Tap, Aaron, Gerstman
Lovain - Tap, Allen, Gerstman
Pepper - Tap, Aaron, Allen
Smedberg - Tap, Aaron, Gerstman

15. Alexandria Redevelopment and Housing Authority Board of Commissioners
2 Citizen Members

(The following persons volunteered for appointment to the above Commission:)

NAME: ENDORSED BY:

Leslie Hagan
Edward Horton
Kerry-Ann Powell

(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; 1/9/07, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Leslie Hagan and Kerry-Ann Powell as the two citizen members to the Alexandria Redevelopment and Housing Authority Board of Commissioners. The voting was as follows:

Euille - Hagan, Powell
Macdonald - Hagan, Horton
Gaines - Hagan, Powell
Krupicka - Hagan, Powell
Lovain - Hagan, Powell
Pepper - Hagan, Powell
Smedberg - Hagan, Powell

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

The following item was heard out of turn:

20.1 Consideration of the Addition of City Funding to the Human Services FY 2007 Child Day Care Budget.

(A copy of the City Manager's memorandum dated January 4, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20.1, 1/9/07, and is incorporated as part of this record by reference.)

Councilman Gaines asked staff for a brief written description of the status of the Roving Leader Program.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Krupicka and carried unanimously, City Council added $75,000 to the Department of Human Services Child Day Care Fee System budget for the balance of FY 2007; the funds will be allocated from the FY 2007 Council contingent reserve account. The voting was as follows:

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

Items 16, 17, 18, 19 and 20 were all heard together:

16. Receipt of Report on the City of Alexandria's Open Space Plan Implementation.

(A copy of the City Manager's memorandum dated January 4, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 1/9/07, and is incorporated as part of this record by reference.)

17. Receipt of Report on the Revised List of Proposed Valuable Open Space Sites in the City of Alexandria and Setting the Report for Public Hearing on Saturday, February 24, 2007.

(A copy of the City Manager's memorandum dated January 4, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/9/07, and is incorporated as part of this record by reference.)

18. Receipt of Report on the Revised List of Proposed Pocket Park Sites in the City of Alexandria and Setting the Report for Public Hearing on Saturday, February 24, 2007.

(A copy of the City Manager's memorandum dated January 4, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 1/9/07, and is incorporated as part of this record by reference.)

19. Receipt of Report on Revised Potential Proposed Voluntary Conservation Easement Sites in the City of Alexandria and Setting the Report for Public Hearing on Saturday, February 24, 2007.

(A copy of the City Manager's memorandum dated January 4, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 1/9/07, and is incorporated as part of this record by reference.)

20. Receipt of Report on the Recommended Future Committee Structure for the City of Alexandria's Open Space Steering Committee and Setting the Report for Public Hearing on Saturday, February 24, 2007.

(A copy of the City Manager's memorandum dated January 4, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 1/9/07, and is incorporated as part of this record by reference.)

Ms. Durham and Mr. Kincannon made a presentation of the staff reports and responded to questions of Council.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously, City Council took the following actions on the items:

16. Received the report on the Open Space Plan implementation.

17. City Council: (1) received the revised list of 2007 Valuable Open Space Sites included within the report; and (2) scheduled a public hearing on February 24, 2007, on these open space recommendations, including the revised list of Valuable Open Space Sites.

18. City Council: (1) received the revised list of proposed 2007 Pocket Park Sites included in the report; and (2) scheduled a public hearing on Saturday, February 24, 2007, on staff's pocket park recommendations, including the revised list of pocket park properties.

19. City Council: (1) received the revised list of 2007 Voluntary Conservation Easement Sites included within the report; and (2) scheduled a public hearing on Saturday, February 24, 2007, on the revised list.

20. City Council deferred this item to January 23, 2007.

The voting was as follows:

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

OTHER

21. Deferred from the December 16, 2006, City Council Meeting:
Special Use Permit #2006-0096, 917 Princess Street, Child Care Center. Consideration of a request to operate a child care center within a church; zoned RB/Residential. Applicant: Maria Bustinza. Planning Commission Action: Recommend Approval 5-0 (#3, 12/16/06)

(A copy of the City Manager's memorandum dated January 4, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 1/9/07, and is incorporated as part of this record by reference.)

Mr. Josephson made a presentation of the staff report and he, along with Ms. Applebaum Schaub, Senior Assistant City Attorney, responded to questions of Council with regard to the alley, the flow of traffic and the parking.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Smedberg and carried unanimously, City Council deferred action on this item to January 20, 2007, with a request that Planning, Transportation and Environmental Services, and Code Enforcement evaluate the traffic pattern. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

(a) Councilman Gaines said the Destination Marketing Association International recently announced that the Alexandria Convention and Visitors Association has become one of the first six destination marketing organizations to receive accreditation.

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Mayor Euille said that First Night was successful, despite the rains later in the evening. He said the crowds numbered between 11,000-12,000.

(b) Mayor Euille thanked the citizens and staff - police, fire and others - for the coordination, public sympathy and support in honor of Alexandria resident and former President Gerald Ford, when his motorcade came through the City two Saturdays ago. He said they would be appointing a committee to consider ways to memorialize President Ford's long residency and history with Alexandria.

(c) Mayor Euille said he recently presented a proclamation to Rich Leibach, who has completed 20 years of service on the Planning Commission.

(d) Councilman Krupicka said its been almost two and a half years since they started the process of creating a Transportation Master Plan, and he would like an update.

Mayor Euille said it would come to Council in February.

Mr. Hartmann said some of the sections of the report are complete or are close to completion, and he will make sure a formal update is given to Council within the next month or so.

Councilman Krupicka said he would like a written timeline on how it expects to deliver the things.

(e) Councilman Krupicka said Harris Teeter has officially said they are not coming to the Braddock Road Metro site, and he can't express enough how disappointed he is to hear that. He said he thought it just took too long, and he said he hoped they could come together as a Council and staff and work with the Economic Development Partnership and the inner City residents and pull in a new tenant. He asked the City Manager what is being done to do that.

Mr. Hartmann said they have had discussions with the Alexandria Economic Development Partnership and have had some discussions on other sites with some of the other grocers in the area. Outreach is underway and the owner of the property has been talked with too, and everyone is collectively working on seeing if they can get another grocer into that site.

Councilman Krupicka said they all recognize that one of the underpinning goals of the Braddock Area Plan is to help that community establish a real sense of place and sense of community and giving them that heart of the community, and part of that is having good retail in the community.

Mayor Euille said it should be clarified that it is not their job to go out and find an anchor for a site - it is the developer's responsibility to find an anchor. He said the developer engaged Harris Teeter and the message from the City should be that they are encouraging the developer to find another tenant that is hopefully a retail tenant that is a grocery store.

Mr. Hartmann said they are working in somewhat of a partnership with the developer on the project and have been for quite some while. He said from an economic development standpoint, recognizing that there is a need in that community, because of other distances or bridges inbetween that community and other grocers, that this would make a very good location and that is good public infrastructure to have and to better that community. He said the City has some responsibility to make sure that they are with them to help, and they have some names of contacts. In the end, it is up to the developer to negotiate a contract for that retail space and bring someone in. Mr. Hartmann said they will do all they can to help them with that.

Councilman Krupicka said he did think they had an obligation to promote Alexandria as a good place to do business and do retail, to talk to retailers who may be interested in being here, and talk to them about the great attributes of working here and what the City will do to work with them. He said that is a cornerstone of economic development. He said the property owner has to negotiate the lease and do its own marketing and salesmanship, but the City has an obligation through their economic development efforts to find the retail establishments that serve as their community and meet the needs of the residents of their community. He said he didn't want to assume that their economic development strategy is to sit back and wait for the landlords to find someone. He said the City needs to give them more help than that. Councilman Krupicka said he wanted to make sure it is clear that they are not just sitting there waiting for the landlord to bring someone forward.

Mr. Hartmann said that is not what he was saying. He said he thought pro-active outreach to a number of grocers has been stimulated and they have talked to the developer about that. He said they have to do it in partnership with the developer, as he has control over that property.

(f) Councilwoman Pepper said the Center for Alexandria's Children is a child advocacy center, and last Friday, they offered the opportunity for Councilmembers to paint their walls. She said she and the Mayor went and with the help of the artist who designed what was going on the wall, she was able to paint. She said they also received a tour of the place. She said it will be opened at the end of this month and it is for abused children that are treated physically as well as psychologically on the premises. She noted that it is a public/private partnership and it is a collaboration of bringing together a lot of City agencies - the Department of Human Services, the Office of Mental Health, the City Attorney's Office, the Commonwealth's Attorney Office, and the Police Department, as well as non-profit agencies, a community foundation and a capital development foundation, which will be part of what makes it go round in terms of financing and stacking. It will focus on the prevention, treatment and investigation of child abuse and they have parenting classes and will partner with SCAN for that.

(g) Councilwoman Pepper said JobLink has moved to the same location on Beauregard Street, only on a different floor.

(h) Councilwoman Pepper said that after their last meeting on December 12, Council filed their intent to suspend the nuisance lawsuit against Mirant. The case was to come to court in February and they felt that some of the issues they would be suing them over were either solved or hopefully being addressed and some regulations that would control Mirant were not quite in place. She said they were pleased that one of the things that had happened was that the Virginia Air Pollution Control Board had agreed to be in charge of the operating permit, and that gave them great hope that they would have a little more transparency.

Councilwoman Pepper said the attorney's have responded to a special environmental analysis that was given in November and it addressed the Mirant and its environmental impacts. The best response came from Elizabeth Chimento, who gave a scorching response to the analysis. The Department of Energy in November had issued a report indicating that the Mirant plant needed to stay open because there was a state of emergency and they have renewed that for a full year. Every three months it is reissued. The special environmental analysis came out when it was reissued.

Councilwoman Pepper said she and Councilman Smedberg co-chair the monitoring committee and they will be meeting the last week of this month.

(i) Vice Mayor Macdonald said that at one of their last meetings, he mentioned the new fence that had gone up around the Mirant Power Plant and the Mirant Potomac River Power Plant sent a letter to the Mayor saying that they wanted to have a bunch of murals painted on the fence in honor of George Washington. He said he was hoping City staff would speak to the National Park Service, as they need trees along the fence line more than they need murals.

(j) Vice Mayor Macdonald said he understood from Planning that the 1500 block of King Street - DSF Long - has decided not to build condos and now wants to build a hotel, after demolishing a bunch of buildings. He asked for a report on it at some point. He said he was concerned about the number of hotels in the City - as it is great to have hotels, but he thought they needed to be careful that they are hotels that families can afford.

(k) Vice Mayor Macdonald said that Arlington has come up with a very progressive anti-global warming strategy. He said he hoped the EPC and City staff will work together to try to craft a similar plan.

(l) Vice Mayor Macdonald said they want to start reducing paper. There is paper reduction, and yet they are still producing as much paper. He said there are things they can do to decrease that, by perhaps putting all the consent items only on computer and cutting back on the use of paper where they can. He said they want to move into a paperless era, but they still seem to be producing an enormous amount of paper. He said that is also a nice environmental initiative, and he was sure the City Clerk could come up with some good ideas.

(m) Vice Mayor Macdonald said a number of employees, including himself, have received notices saying that their doctors will no longer take their health insurance. He said it is disturbing, because after one picks a doctor, that doctor can then decide that they don't like the health care company, the employee is then left with a difficult situation. He said they need to look at the health insurance plans, the type of plans they have, and protect the employees, including maybe providing stipends in lieu of an actual plan if that were a better way.

(n) Councilman Krupicka said picking up on the paperless comment, they have talked about this a few years ago and made a little bit of progress, but they didn't get very far. He said that using tonight as an example, they got the presentation on the open space plan in color on paper and it was being presented on the overheads, and they didn't really need the paper copy. He said the City Clerk has a lot of ideas about how they could reduce the amount of paper they use and maybe find a chance for a demonstration on how it could work. He said they could have everything electronic, for those who are interested.

(o) Councilman Smedberg said he was glad Councilwoman Pepper mentioned Mirant, as some of what is happening is alarming and quite disturbing and he was glad to see the response the City had and it was as strong as it was. He said it is amazing that some groups are allowed to get away with what they are getting away with.

(p) Councilman Smedberg said on Harris Teeter and the economic development, he agreed 100 percent with Councilman Krupicka that they need to look at different approaches in how they look at economic development and they need to be much more proactive than they have in the past.

(q) Councilman Smedberg said that around holiday time, if he was at a local function or party, he was asked how the process was going for hiring a Planning Director, as people are anxious to have that position filled. He asked if there was a job description and a profile of the type person they want.

Mr. Hartmann said the job posting for the Planning Director was put on the City's website in November, and it has been advertised nationally since then. He said the executive recruiters have sent out the detailed job brochures to numerous potential candidates and have done their external advertising and have maybe 33 applications. He said those applications are being screened to get to the top candidates. The same is occurring with the Economic Development director and Code Enforcement.

Councilman Smedberg said he has had three people comment to him over as many months that they have had experiences that they found frustrating. They were going through the process, and he and Councilman Krupicka have tried to raise the issues, where they go for one thing and then are told they need to get another and another, sometimes going back five times to the office. He said the one thing all three people said was isn't there a sheet they can get that would give them an outline of what it is exactly they have to do or that staff is required to give them.

ORAL REPORT FROM THE CITY MANAGER

City Manager Hartmann said the first homicide of the year was today at King Street and Washington Street. He said they are going to increase the police presence in the commercial corridors right now. He said they had a fairly slow crime season through the holidays, but the Police Chief indicated tonight that they would step up a few things in other areas.

ORDINANCES AND RESOLUTIONS

22. Introduction and First Reading. Consideration. Passage on First and Second Reading of an Ordinance to Adopt Supplement Number 81 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. 22; 1/9/07, 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. 22; 1/9/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Macdonald and carried unanimously, City Council adopted the ordinance to adopt supplement #81 to the City Code. The voting was as follows:

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

The ordinance reads as follows:

ORDINANCE NO. 4471

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. 81," are hereby adopted as and shall constitute "The Eighty-First Supplement to The Code of the City of Alexandria, Virginia, 1981."

Section 2. That the sections and portions thereof set forth in "The Eighty-First 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 May 20, 2006 through June 17, 2006, 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 May 20, 2006, 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 May 20, 2006 through June 17, 2006, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Eighty-First 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 Eighty-First 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.

OTHER

23. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated January 4, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 1/9/07, and is incorporated as part of this record by reference.)

Deputy City Manager Evans asked Council to note upcoming meeting dates, which will be put on a future schedule: Thursday, March 1, 7:00 p.m., there will be a follow-up to the state of the City speech with a town meeting; February 27, the second legislative meeting, Justin Wilson has asked that the Alexandria DASH Stockholders meeting be held at 6:45 p.m.; February 13, at 5:30 p.m., there will be a follow-up on the Early Childhood work session that wasn't held this evening; and Saturday, January 27, in the afternoon, there will be a lecture and awards ceremony by the Northern Virginia Conservation Trust.

Mayor Euille noted that at the follow-up to the state of the City speech on March 1, it will be a town hall forum and they will have an opportunity for a status update and report from the Mayors Economic Sustainability Workgroup. The primary purpose of the meeting is to have a question and answer time with the community.

WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Macdonald and carried unanimously, City Council: (1) scheduled an Art in City Hall reception in Room 2000 at 5:00 p.m. before Council's Tuesday, April 24 legislative meeting; (2) scheduled an Historic Preservation Conference on Friday, May 4 and Saturday, May 5 (location and times to be determined); (3) scheduled a George Washington Birthday Celebration Committee reception in the Vola Lowson Lobby at 5:00 p.m. before Council's Tuesday, May 8 legislative meeting; and (4) received the revised calendar which includes: the Martin Luther King, Jr. City Employees Program on Friday, January 12, at noon at the Lee Center auditorium, 1108 Jefferson Street; the 9th Annual Bike to Work Day on Friday, May 18 at Market Square; and the 26th Annual Alexandria Red Cross Waterfront Festival on Saturday, June 16 and Sunday, June 17 at Oronoco Bay Park. The voting was as follows:

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

EXECUTIVE SESSION

24. Consideration of Convening An Executive Session Closed to the Public For Discussion of Threatened or Pending Litigation.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried unanimously, in lieu of an executive session, Council approved the settlement of the workers compensation claim of Cynthia Wortham and the claim of the automobile accident claim of Danita Austin as outlined in the memorandum from the City Attorney. The voting was as follows:

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

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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Smedberg and carried unanimously, the regular City Council meeting of January 9, 2007, was adjourned at 9:22 p.m. The voting was as follows:

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

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.

City Council meetings are closed-captioned for the hearing impaired.

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