OPENING
(The following item was heard out of turn:) 3. Recognition of Town Crier William North-Rudin. Town Crier William North-Rudin opened the City Council meeting. 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. 4. Reading and Acting Upon the Minutes of the Following Meetings of City Council: (a) The Regular Meeting Minutes of June 27, 2006; and (b) The Special Meeting Minutes of July 5, 2006. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Gaines and carried unanimously, City Council approved the regular meeting minutes of June 27, 2006 and the special meeting minutes of July 5, 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 5. Recognition of Youth Who Participated in the 5th Annual Summer Youth Institute Hosted by the Tenants and Workers Association. City Council recognized the youth who participated in the 5th Annual Summer Youth Institute. PROCLAMATIONS 6. Presentation of a Proclamation Noting the 25th Anniversary of Elder Crafters. (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. 6; 9/12/06, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Smedberg and carried unanimously, City Council endorsed the proclamation. The voting was as follows: Pepper "aye" Macdonald "aye" Smedberg "aye" Gaines "aye" Euille "aye" Krupicka "aye" Lovain "aye" 7. Presentation of a Proclamation Declaring September as National Preparedness 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. 7; 9/12/06, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Gaines, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows: Gaines "aye" Macdonald "aye" Pepper "aye" Krupicka "aye" Euille "aye" Lovain "aye" Smedberg "aye" 8. Presentation of a Proclamation Declaring September as Save A Life 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. 8; 9/12/06, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Vice Mayor Macdonald, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows: Macdonald "aye" Gaines "aye" Pepper "aye" Krupicka "aye" Euille "aye" Lovain "aye" Smedberg "aye" 9. Presentation of a Proclamation Noting the 100th Anniversary of the Alexandria Chamber of Commerce. (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. 9, 9/12/06, 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" Pepper "aye" Euille "aye" Lovain "aye" Smedberg "aye" 10. Presentation of a Proclamation Declaring September 25, 2006, as Family Day - A Day to Eat With Your Children. (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. 10; 9/12/06, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Lovain, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows: Lovain "aye" Macdonald "aye" Pepper "aye" Gaines "aye" Euille "aye" Krupicka "aye" Smedberg "aye" 11. Recognition of Alexandria Resident P.K. Johnson on her new book, Alexandria Virginia at Your Fingertips. City Council recognized Ms. Johnson for her book, "Alexandria, VA at Your Fingertips." REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER CONSENT CALENDAR (12-21) (Resignations and Uncontested Appointments) 12. Receipt of the Following Resignations From Members of Boards, Commissions and Committees: (a) Alexandria-Caen Exchange Committee Linda Greenway (b) Alexandria Budget and Fiscal Affairs Advisory Committee Timothy Lovain (c) Alexandria Commission for the Arts George A. Chadwick, III David H. Roane (d) Alexandria Commission on Aging Christina C. Forbes Justine Rowe (e) Alexandria Commission on HIV/AIDS Tiffeny Sanchez-Brown (f) Alexandria Commission on Persons With Disabilities Michael Carrasco Melanie DeMayo (g) Alexandria Community Services Board Lenwood Harris (h) Alexandria Convention and Visitors Association Board of Governors Robert Canady (i) Alexandria Environmental Policy Commission Jill D. Bennis (j) Historic Alexandria Resources Commission Carole Smith (k) Alexandria Social Services Advisory Board J. Lester Feder Linda Hoogeveen-App (l) Alexandria Woodrow Wilson Bridge Neighborhood Task Force David Olinger (m) Alexandria Youth Policy Commission Shane Canfield Darryl Francois Lisa Lombard Christina Richardson-Jones (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. 12(a-m); 9/12/06, and is incorporated as part of this record by reference.) 13. Uncontested Appointments to Boards, Commissions and Committees: (a) Alexandria Beautification Commission 1 Citizen Member (b) Alexandria Budget and Fiscal Affairs Advisory Committee 1 Member Designated by Mayor William D. Euille 1 Member Designated by Council Member Timothy B. Lovain (c) Alexandria Citizen Corps Council 1 Representative of An Alexandria Civic Association (d) Alexandria Commission on Aging 1 Citizen Member (e) Alexandria Commission on Employment 1 Business Representative From Among Recognized Area Businesses Including Minority-Owned and Small Businesses (f) Alexandria Commission on HIV/AIDS 1 Citizen-at-Large (g) Alexandria Commission on Information Technology 1 Member From and Representing the Alexandria Chamber of Commerce (h) Alexandria Convention and Visitors Association Board of Governors 2 Hotel Owner/Manager Representatives 1 At-Large Member (i) Alexandria Environmental Policy Commission 1 Student Attending High School in the City of Alexandria (j) Alexandria George Washington Birthday Celebration Committee 1 Member Nominated by the Alexandria Federation of Civic Associations (k) Historic Alexandria Resources Commission 1 Representative From Christ Church (l) Alexandria Historical Restoration and Preservation Commission 1 Citizen Member (m) Alexandria Public Health Advisory Commission 1 Representative of the Alexandria Community Services Board (n) Alexandria Sister Cities Committee 1 Representative From the Alexandria-Gyumri Sister City Committee (o) Alexandria Urban Design Advisory Committee 1 Qualified Professional Skilled in Urban Design, Architecture or Landscape Architecture (p) Alexandria Waterfront Committee 1 Representative From the Alexandria Convention and Visitors Association Board of Governors (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. 13 (a-p); 9/12/06, and is incorporated as part of this record by reference.) (Reports and Recommendations of the City Manager) 14. Receipt of the 2005-2006 Annual Report from the Historic Alexandria Resources Commission. (A copy of the City Manager's memorandum dated September 5, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/12/06, and is incorporated as part of this record by reference.) 15. Consideration of Acceptance of a Federal Grant for the City to Oversee the Development of a Public Service Announcement (PSA) Campaign for Northern Virginia to Increase Awareness of Regional Gang Issues and Gang Prevention Efforts. (A copy of the City Manager's memorandum dated September 1, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/12/06, and is incorporated as part of this record by reference.) 16. Consideration of Grant Application to the United States Department of Agriculture for the After School Snack Program for At Risk Children. (A copy of the City Manager's memorandum dated August 31, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/12/06, and is incorporated as part of this record by reference.) 17. Consideration of the Fiscal Year 2008 Congestion Mitigation and Air Quality Improvement Program (CMAQ) and Regional Surface Transportation Program (RSTP) Projects. (A copy of the City Manager's memorandum dated September 5, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/12/06, and is incorporated as part of this record by reference.) (Ordinances for Introduction) 18. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Expand the Membership of the Affordable Housing Advisory Committee (AHAC.) (A copy of the City Manager's memorandum dated September 5, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/12/06, 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. 18; 9/12/06, 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. 18; 9/12/06, and is incorporated as part of this record by reference.) 19. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Revise the Membership of the EMS Council. (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. 19; 9/12/06, 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. 19; 9/12/06, and is incorporated as part of this record by reference.) 20. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Eisenhower East Small Area Plan. (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. 20; 9/12/06, 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. 20; 9/12/06, and is incorporated as part of this record by reference.) 21. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Approve an Encroachment for the St. Paul's Episcopal Church. (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. 21; 9/12/06, 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. 21; 9/12/06, and is incorporated as part of this record by reference.) END OF CONSENT CALENDAR WHEREUPON, upon motion by Councilman Gaines, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Consent Calendar. The City Manager's recommendations were as follows: 12. City Council accepted the following resignations with regret: (a) Linda Greenway, Alexandria-Caen Exchange Committee; (b) Timothy Lovain, Alexandria Budget and Fiscal Affairs Advisory Committee; (c) George A. Chadwick, III and David H. Roane, Alexandria Commission for the Arts; (d) Christina C. Forbes and Justine Rowe, Alexandria Commission on Aging; (e) Tiffeny Sanchez-Brown, Alexandria Commission on HIV/AIDS; (f) Michael Carrasco and Melanie DeMayo, Alexandria Commission on Persons With Disabilities; (g) Lenwood Harris, Alexandria Community Services Board; (h) Robert Canady, Alexandria Convention and Visitors Association Board of Governors; (i) Jill D. Bennis, Alexandria Environmental Policy Commission; (j) Carole Smith, Historic Alexandria Resources Commission; (k) J. Lester Feder, Linda Hoogeveen-App, Alexandria Social Services Advisory Board; (l) David Olinger, Alexandria Woodrow Wilson Bridge Neighborhood Task Force; and (m) Shane Canfield, Darryl Francois, Lisa Lombard and Christina Richardson-Jones, Alexandria Youth Policy Commission. 13. City Council made the following appointments: (a) appointed Rick Tedesco as the one citizen member to the Alexandria Beautification Commission; (b) appointed Elliot Branch as the one member designated by Mayor William D. Euille and Laurie MacNamara as the one member designated by Council Member Timothy B. Lovain to the Alexandria Budget and Fiscal Affairs Advisory Committee; (c) appointed Andrew B. Hall as the one representative of an Alexandria Civic Association to the Alexandria Citizen Corps Council; (d) appointed Lewis Simon as the one citizen member to the Alexandria Commission on Aging; (e) appointed Kenneth Taylor as the one business representative from among recognized area businesses including minority-owned and small businesses to the Alexandria Commission on Employment; (f) appointed Robert Nast as the one citizen-at-large to the Alexandria Commission on HIV/AIDS; (g) waived the residency requirement and appointed R. Mark McLindon as the one member from and representing the Alexandria Chamber of Commerce to the Alexandria Commission on Information Technology;(h) waived the residency requirements and appointed Charles Banta and John Varghese as the two hotel owner/manager representatives and appointed John Renner, II, as the one at-large member to the Alexandria Convention and Visitors Association Board of Governors; (i) appointed Lucy Shapiro as the one student attending high school in the City of Alexandria to the Alexandria Environmental Policy Commission; (j) reappointed Anna Jones as the one member nominated by the Alexandria Federation of Civic Associations to the Alexandria George Washington Birthday Celebration Committee; (k) waived the residency requirement and appointed Eleanor Wilson as the one representative from Christ Church to the Historic Alexandria Resources Commission; (l) appointed Derek Manning as the one citizen member to the Alexandria Historical Restoration and Preservation Commission; (m) reappointed Mary Riley as the one representative of the Alexandria Community Services Board to the Alexandria Public Health Advisory Commission; (n) waived the residency requirement and appointed Sandra Goshgarian as the one representative from the Alexandria-Gyumri Sister City Committee to the Alexandria Sister Cities Committee; (o) reappointed Daniel Straub as the one Qualified Professional Skilled in Urban Design, Architecture or Landscape Architecture to the Alexandria Urban Design Advisory Committee; and (p) reappointed JoAnne Mitchell as the as the one representative from the Alexandria Convention and Visitors Association Board of Governors to the Alexandria Waterfront Committee. 14. City Council received the report of the Historic Alexandria Resources Commission and thanked the Commission for its efforts on behalf of the City. 15. City Council authorized the City Manager to (a) accept the $200,000 federal grant for the development of a regional public service announcement campaign; and (b) execute all necessary documents that may be required. 16. City Council authorized the City Manager to (a) approve requests to the U.S. Department of Agriculture for monthly reimbursement not to exceed $171,288 in estimated annual program expenses; and (b) execute all necessary documents that may be required. 17. City Council (a) approved the priority listing of transportation projects discussed below as those CMAQ and RSTP projects for which the City of Alexandria will request grant funding for FY 2008; and (b) authorized the City Manager to apply for these grants, and enter into agreements to accept those federal grants that may be managed by the Commonwealth of Virginia. 18. City Council passed the ordinance on first reading, and scheduled it for public hearing for September 16, 2006. 19. City Council passed the ordinance on first reading and scheduled it for public hearing for September 16, 2006. 20. City Council passed the ordinance on first reading and scheduled it for public hearing for September 16, 2006. 21. City Council passed the ordinance on first reading and scheduled it for public hearing for September 16, 2006. The voting was as follows: Gaines "aye" Macdonald "aye" Pepper "aye" Krupicka "aye" Euille "aye" Lovain "aye" Smedberg "aye" CONTESTED APPOINTMENTS 22. Alexandria Citizen Corps Council 1 Citizen Member (The following persons volunteered for appointment to the above Commission:) NAME: ENDORSED BY: Marc DeCourcey Jeffrey Miller Joseph Walsh Cheryl Zadlo (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. 22; 9/12/06, 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 Marc DeCourcey as the one citizen member to the Alexandria Citizen Corps Council. The voting was as follows: Euille - DeCourcey Macdonald - Miller Gaines - DeCourcey Krupicka - DeCourcey Lovain - Miller Pepper - DeCourcey Smedberg - DeCourcey 23. Alexandria Commission on Persons With Disabilities 1 Citizen Member (The following persons volunteered for appointment to the above Commission:) NAME: ENDORSED BY: Joseph Delfico Tamara Dunlap (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. 23; 9/12/06, 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 Joseph Delfico as the one citizen member to the Alexandria Commission on Persons with Disabilities. The voting was as follows: Euille - Delfico Macdonald - Dunlap Gaines - Delfico Krupicka - Delfico Lovain - Delfico Pepper - Delfico Smedberg - Delfico 24. Alexandria Community Services Board 1 Consumer (Current or Former Direct Recipient of Public or Private Mental Health, Mental Retardation, or Substance Abuse Treatment Rehabilitation Services) or Family Members (Immediate Family Member or the Principal Caregiver Who Is Not Paid) of A Consumer (The following persons volunteered for appointment to the above Commission:) NAME: ENDORSED BY: Holly Stachelski Cenda Tyree (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. 24; 9/12/06, 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 Cenda Tyree as the one Consumer (Current or Former Direct Recipient of Public or Private Mental Health, Mental Retardation, or Substance Abuse Treatment Rehabilitation Services) or Family Members (Immediate Family Member or the Principal Caregiver Who Is Not Paid) of A Consumer to the Alexandria Community Services Board. The voting was as follows: Euille - Tyree Macdonald - Stachelski Gaines - Tyree Krupicka - Tyree Lovain - Tyree Pepper - Tyree Smedberg - Tyree REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION 25. Presentation by the Police Department Staff on Crime Trends in the City. Acting Police Chief Baker and Deputy Chief Corle made a presentation of the crime trends and gave a status update and responded to questions of Council. 26. Consideration of the City's Participation in the National Mayors' Initiative to Reduce the Possession, Use and Trafficking of Illegal Guns in the Community. (A copy of the City Manager's memorandum dated September 1, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 9/12/06, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Gaines and carried unanimously, City Council concurred with the Statement of Principles adopted by mayors across the country who are participating in the Mayors' Initiative Against Illegal Guns. The voting was as follows: Pepper "aye" Macdonald "aye" Gaines "aye" Krupicka "aye" Euille "aye" Lovain "aye" Smedberg "aye" 27. Consideration of Evaluation of the Summer Trial Program for the Weekend Pedestrian Plaza in the 100 Block of King Street and Consideration of a Proposal to Continue the Trial Program Through the End of 2006. (A copy of the City Manager's memorandum dated September 7, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 9/12/06, and is incorporated as part of this record by reference.) Director of Recreation, Parks and Cultural Activities Kincannon made a presentation of the staff report and he and Business Facilitator Fairchild responded to questions of Council. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Macdonald and carried unanimously, City Council: (a) received the staff evaluation of the results of the trial program for a weekend pedestrian plaza on the 100 block of King Street; (b) approved a proposal to continue a second phase and longer trial pilot period for the weekend pedestrian plaza in the 100 block of King Street for eight weekends during the fall/winter of 2006, beginning the weekend of September 15 and continuing through the weekend of November 3, 2006; (c) allocated $21,000 from Council's Contingent Reserve to support the continuation of this program; and (d) requested that staff bring forward before the end of the first quarter of calendar 2007 an evaluation of the extended pilot program and a recommendation in regard to whether or not it should be continued starting in the spring of 2007. The voting was as follows: Pepper "aye" Gaines "aye" Macdonald "aye" Krupicka "aye" Euille "aye" Lovain "aye" Smedberg "aye" 28. Presentation by Staff and Council Discussion of the National Park Service 2006 Environmental Assessment of Jones Point Park. (A copy of the City Manager's memorandum dated September 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 9/12/06, and is incorporated as part of this record by reference.) Director of Recreation, Parks and Cultural Activities Kincannon made a presentation of the staff report and responded to questions by Council. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Gaines and carried unanimously, City Council: (a) received the report on the Jones Point Park 2006 Environmental Assessment; (b) requested the Mayor to attend the September 13 National Park Service Public Hearing on the Jones Point Park 2006 Environmental Assessment, and express the City's concerns about the location of the proposed parking, the community garden realignment, the loss of playing fields, and the use of the event lawn for organized sports. Staff recommends that the Mayor advise the NPS that City Council will be seeking further mitigation for the loss of fields, parking and open space and will submit its formal position on the plan before the October 18 deadline; and (c) schedule the NPS Environmental Assessment for public hearing by Council at its Tuesday, September 26 legislative meeting and Council consideration at its Tuesday, October 10 legislative meeting. The voting was as follows: Pepper "aye" Macdonald "aye" Gaines "aye" Krupicka "aye" Euille "aye" Lovain "aye" Smedberg "aye" 29. Consideration of Funding Application for the Acquisition/Rehabilitation of Parcview Apartments by Wesley Housing Development Corporation. (A copy of the City Manager's memorandum dated September 7, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 9/12/06, and is incorporated as part of this record by reference.) Director of Housing Davis made a presentation of the staff report. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Gaines and carried unanimously, City Council approved a loan of $9.0 million toward the total purchase price of $24.1 million to the non-profit Wesley Housing Development Corporation for the acquisition and rehabilitation of ParcView Apartments, as follows: (a) the loan would be an interest-only loan at two percent interest, with the interest (and, when possible, principal) to be repaid on a residual receipts basis once the deferred developer's fee earned by WHDC has been fully paid, but beginning not later than eleven years after permanent financing has closed; (b) for the length of WHDC's ownership, but in no event less than 40 years, 80 percent (120) of the property's 149 units shall remain affordable to households at 60 percent of the area median income; (c) in the event WHDC elects to sell the property, WHDC shall offer the right of first refusal to the City, or its designee; (d) indicated Council's intent to raise the affordable housing general obligation bond authorization funded from the one-cent in dedicated real estate taxes from the previously authorized $22.1 million by $0.2 million to $22.3 million; and (e) the loan would be funded by a combination of different City housing fund sources as detailed in the report. The voting was as follows: Pepper "aye" Macdonald "aye" Gaines "aye" Krupicka "aye" Euille "aye" Lovain "aye" Smedberg "aye" REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES None ORAL REPORTS BY MEMBERS OF CITY COUNCIL (a) Councilman Smedberg said two things were discussed at the Northern Virginia Transportation Commission meeting. The first is the Northern Virginia metro area has been designated as a test area for pay as you go transit on roads during peak hours a.m. and p.m. Northern Virginia is a high priority area designated by the Department of Transportation and they are beginning to reach out to local jurisdictions in Northern Virginia to test the waters to see how far it will go. He said one of the roads that was talked about was the G.W. Parkway. The second is that Delegates Albo and Rust and State Senator Devolites-Davis were in attendance and are moving their bill forward, which will be discussed in a special session of the legislature, which is September 25. They have done a lot of work on their bill, and a lot of the onus of implementing the revenue generating sources will be placed on local governments. Mayor Euille said the staffs of the regional localities have been meeting the past couple of days to respond to the transportation funding bill to weigh in on the impacts it may have on local jurisdictions. He said they will do what it can and needs to do to protect Alexandria's interest. Mayor Euille said there seemed to be some effort to bring closure to the transportation funding, but whether it is successful in the special session of the legislature is yet to be seen. He said he was in Richmond a few weeks ago to meet with the Governor as chair of the Virginia Municipal League's Finance Committee and was talking about tax revenues, homestead exemptions and transportation funding. He said there seems to be an upbeat on the part of the Governor's staff and the Governor that they will make it happen. ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL (a) Mayor Euille said schools are open and he noted that he has visited the schools, T.C. Williams High School and Minnie Howard 9th Grade Center, and has been in constant communication with new principal at T.C. Williams, and all goes well at the senior high school level. He said he witnessed enthusiasm in the teachers and students and noted that when the elementary schools went back, he has visited at least two schools a day and witnessed positive activity on the part of students, teachers, parents and others. Mayor Euille encouraged citizens and the business community to visit the schools and see what is going on, as there are good things going on in the schools. (b) Mayor Euille said the recent Arts Festival was very successful. There were more than 175 booths and vendors present and the value of the arts available for sale was in excess of $15 million. He said the City's festival was ranked 18th out of 100 last year for arts festivals, and this year it is projected that the festival will move to the top 10 of arts festivals in the nation. (c) In response to a request from Councilwoman Pepper, City Attorney Pessoa gave a report on Mirant. He said that in 2004, Council adopted zoning actions revoking the noncomplying use status of the Plant and revoking two special use permits for the plant. In January 2006, he said, the local Circuit Court overturned those actions and vacated Council's decision. He said that yesterday, the Virginia Supreme Court agreed to hear the appeal of that case, which is a positive sign. He said that hopefully the City will ultimately prevail in the Supreme Court and get the zoning decision of the Council. He noted the process of how it goes through the Court. Mr. Pessoa said the City filed a common-law nuisance action against the Plant, seeking a declaration that the plant, as it was being operated prior to August of last year, prior to the shut-down, was a common-law nuisance. It has since commenced limited operations under a shifting regulatory scheme, and the nuisance lawsuit trial has been postponed to February 2007, which is a positive development, as it gives the City time to further develop the scientific evidence based on how the plant is actually going to be allowed to operate by the federal and state regulatory agencies as to whether it constitutes a nuisance, and it allows them to amass increasing evidence of complaints from citizens who reside around the plant as to the characteristics of the plant in its various present day operating guises. Mr. Pessoa said the State Air Quality Control Board on September 25, at 10:00 in Glen Allen, Virginia, the City will ask the AQCB, which has oversight responsibility for DEQ, to force DEQ to aggressively apply the board's regulations to the Plant in order to protect the interest of the people that live around the Plant. The City will be making a presentation and there is also a public comment period during that meeting. He said Ms. Chimento and Mr. Hertel have prepared a flyer that give the details of the hearing. Mr. Pessoa said that on July 26, the DEQ acceded to the City's request to conduct a new source review (NSR) of the Plant. That says because of the activities at the plant - the construction and changes proposed to the Plant's operation, it should undergo review as if it were a new plant. That is a beneficial outcome from the City's prospective. He said the City is closely monitoring that in connection with the on-going construction of the Plant to make sure those regulations are properly applied. He said a NSR violation is a basis for an independent clean-air act suit by the City and if the City is convinced the regulations are not being properly applied, or that the Plant is failing to go through the proper review, the City will file its own action in Federal Court against the Plant. He said they are in on-going consultation with DEQ as to what they believe needs to be demonstrated by the Plant to enable the State agency to make the new source review determination. In addition, he said, DEQ has directed Mirant to conduct PM2.5 stack emission tests and they are engaged in dialogue with the agency as to exactly what the perimeters of the testing should be. Mr. Pessoa said the City has retained Reggie Jones as additional counsel in Richmond. Mr. Pessoa said on the consent decree in the Federal Clean Air Act case, on May 8, the Federal Government lodged the consent decree that started the running of a notice period. The City and seven other parties filed comments and the City filed a motion to deny approval of the consent decree on the basis that the decree is inadequately protective of Alexandria residents and was not a good bargain for the residents. The Federal Government and the State and the City agreed to stay hearing on that motion until the Federal Government responds to the comments. Councilman Smedberg said Council previously requested the City send a communication to the Governor's Office highlighting some of the concerns they had regarding the Plant at the time, and that communication has not gone forward to the Governor's Office. In light of the update, he said, that needs to be done now. Councilman Smedberg said he also wished to highlight and recognize the work of Elizabeth Chimento and Poul Hertel. (d) Councilwoman Pepper noted that the City Clerk from 1963 to 1990, Helen Holleman, recently passed away and her funeral was today. (e) Councilwoman Pepper said that later this month, Jenny Milster, who has been before Council previously, will be celebrating her 100th birthday. She said the Mayor will be sending a proclamation to honor her. (f) Vice Mayor Macdonald said he was biking toward Mt. Vernon and noted that they need better signage at the intersection that takes the path to Jones Point, as it was closed beyond the light house, and there need to be signs at South Street at the underpass letting people know that the trail is closed for the day or week. (g) Vice Mayor Macdonald said other places put up signs in crosswalks that say "stop for pedestrians" and he thought the City should do the same thing - to yield to pedestrians. (h) Vice Mayor Macdonald said that as a member of the Potomac River Basin Commission, they have been talking about water conservation, and there will be an attempt at new legislation which addresses how it might go about encouraging conservation of water, and one of the ways to do it is through pricing and changing the pricing structure. (i) Councilman Smedberg said he was also going to raise the issue of bike path signage, as he had been approached by some people and said he could not believe someone has not been hit yet. He said the signage could be better placed than it is currently. He said the parking has been an issue as well, as people have discovered the two streets that are not zoned and are parking there all the time. (j) Councilman Krupicka said he would echo the comments of Vice Mayor Macdonald about pedestrian signs - the City has been putting up more signs and the Transportation Working Group will be taking a look at the pedestrian component of their plan will talk about creating pedestrian zones with signage. He said he recalled that not long ago, the City put a "stop for pedestrian sign" in the middle of Mt. Vernon Avenue and it had to be removed as cars destroyed the sign. (k) Councilman Krupicka said he and Councilwoman Pepper put forward a memo on creating a comprehensive environmental action plan, which helps to prioritize all the initiatives across the City as it relates to the environment. He asked that the item be docketed for the first meeting in October so Council can have a conversation about what is the best way to go forward, as relates to the environment. (l) Councilman Krupicka said he recognized that they are getting ready to enter some difficult budget times, and they will be struggling, and he wanted to put on the table now how important it is they focus on necessities, and one of the necessities is the stormwater management system in the City. He said he is confident there are areas that are not properly equipped to handle 10 year events and the City has to get a handle on it. Mayor Euille said he had not seen the joint memo on the environment, but he will be talking with staff about dealing with the environment and having community-wide public discussions. (m) Councilman Lovain said he will chair the Alexandria United Way campaign this year and the kick-off campaign will be Tuesday, September 26 at 10 a.m. at the ALIVE Child Development Center. ORAL REPORT FROM THE CITY MANAGER City Manager Hartmann said that over the summer, the City has been working on reformatting the budget process and breaking it down into program budgeting and activity-based costing. He thanked the departments for their hard work over the summer. An update will be given to Council at the Retreat. Councilman Smedberg asked for an update on where they are on the audits and efficiency studies. Mr. Hartmann said the Transportation and Environmental Services and Fire Department reports should be coming forward to Council in October. Councilwoman Pepper asked when Council can expect to get a preliminary budget concept on what it projects will be the income and when it will get the projections. Deputy City Manager Jinks said Council will get a full projection of all revenues at the Council Retreat. ORDINANCES AND RESOLUTIONS 30. Consideration of a Resolution Requesting a State Project to Study the Feasibility of Designating Three Dedicated Transit Corridors in Alexandria. [ROLL-CALL VOTE] (A copy of the City Manager's memorandum dated September 5, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 9/12/06, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously by roll-call vote, City Council (a) approve the proposed new project to assess the feasibility of three proposed dedicated transit corridors in Alexandria; (b) adopt the project programming resolution requesting programming of RSTP funds to support this project; and (c) authorized the City Manager to enter into any necessary agreements with the Commonwealth to administer these funds. The voting was as follows: Krupicka "aye" Macdonald "aye" Pepper "aye" Gaines "aye" Euille "aye" Lovain "aye" Smedberg "aye" The resolution reads as follows: