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Regular Meeting
Monday, February 2, 2009 - - 7:00 p.m.

* * * * *

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

Absent: None.

Also Present: Mr. Hartmann, City Manager; Mr. Spera, Acting City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Caton, Legislative Director; Mr. Castrilli, Communications Director, City Manager's Office; Police Captain Ogden; Ms. Boyd, Director, Citizen Assistance; Mr. Baier, Director, Transportation and Environmental Services; Mr. Culpepper, Deputy Director, Transportation and Environmental Services; Mr. Maslanka, Transportation and Environmental Services; Mr. McCobb, Transportation and Environmental Services; Ms. Hamer, Director, Planning and Zoning; Mr. Farner, Planning and Zoning; Ms. Contrares, Planning and Zoning; Ms. Beeton, Planning and Zoning; Ms. Escher, Planning and Zoning; Ms. Wright, Planning and Zoning; Ms. Davis, Director, Office of Housing; Ms. Triggs, Director, Finance Department; Mr. Johnson, Director, Office of Management and Budget; Mr. Stewart, Office of Management and Budget; Mr. Touhill, Office of Management and Budget; Fire Chief Thiel; Mr. Catlett, Director, Code Administration; Ms. Collins, Assistant City Manager/Director, Human Services; and Mr. Lloyd.

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

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 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 Meeting of City Council:

(a) The Regular Meeting Minutes of January 13, 2009.

WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Pepper and carried 6-0, City Council approved the regular meeting minutes of January 13, 2009, with the noted correction submitted by the City Clerk. The voting was as follows:

Gaines "aye" Krupicka absent
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

None.

PROCLAMATIONS

None.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (4-9)

(Resignations and Uncontested Appointments)

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

(A copy of the above resignations is on file in the Office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 4(a-b); 2/2/09, and is incorporated as part of this record by reference.) 5. Uncontested Appointments to Boards, Commissions and Committees: (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. 5(a-b); 2/2/09, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

6. Consideration of the Monthly Financial Report for the Period Ending December 31, 2008.

(A copy of the City Manager's memorandum dated January 21, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 6; 2/2/09, and is incorporated as part of this record by reference.)

7. Consideration of Authorization of Recommended Capital Project Allocations and Planned Expenditures.

(A copy of the City Manager's memorandum dated January 15, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 7; 2/2/09, and is incorporated as part of this record by reference.)

8. Consideration of a Grant Application to the Virginia Commission for the Arts for Funds for a Local Government Challenge Grant for the Department of Recreation, Parks and Cultural Activities.

(A copy of the City Manager's memorandum dated January 21, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 8; 2/2/09, and is incorporated as part of this record by reference.)

9. Consideration of Acceptance of the Donation of a “Bait Car" to the Police Department for a Crime Prevention Program.

(A copy of the City Manager's memorandum dated January 21, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 9; 2/2/09, and is incorporated as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Gaines and carried 6-0, City Council approved the consent calendar, with the exception of docket item #6, which was considered under separate motion. The City Manager's recommendations were as follows:

4. City Council accepted the following resignations with regret: (a) Thomas A. Downey, Jr., Alexandria Building Code Board of Appeals; and (b) Lisa Burnard, Alexandria Commission on Aging.

5. City Council made the following appointments: (a) reappointed Robert Wilson as the one representative of the Alexandria Federation of Civic Associations to the Alexandria Emergency Medical Services Council; and (b) appointed E. Jon Sargeant as the one citizen member to the Alexandria Traffic and Parking Board.

7. City Council authorized the capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Expenditure Summary.

8. City Council authorized the City Manager to: 1. submit a grant application, in the amount of $5,000, to the Virginia Commission for the Arts' Local Government Challenge grant program; and 2. execute all necessary documents that may be required.

9. City Council accepted the donation of a "bait car" from the National insurance Crime Bureau and thanked them and Allstate Insurance Company for their donation. This offer of donation expires on January 31, 2009.

The voting was as follows:

Lovain "aye" Pepper "aye"
Gaines "aye" Krupicka absent
Euille "aye" Smedberg "aye"
Wilson "aye"

6. Consideration of the Monthly Financial Report for the Period Ending December 31, 2008.

(A copy of the City Manager's memorandum dated January 21, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 6; 2/2/09, and is incorporated as part of this record by reference.)

Deputy City Manager Jinks and Director of Management and Budget Johnson responded to questions of City Council regarding the report.

WHEREUPON, upon motion by Councilman Wilson, seconded by Vice Mayor Pepper and carried unanimously, City Council received the monthly financial report for the period ending December 31, 2008. The voting was as follows:

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

CONTESTED APPOINTMENTS

10. Alexandria Building Code Board of Appeals
2 Citizen Members

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

NAME: ENDORSED BY:

Joshua Carpenter
Robert DiBernardo Emard
Magnus Monson

(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. 10; 2/2/09, 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 Joshua Carpenter and Robert DiBernardo Emard as the two citizen members to the Alexandria Building Code Board of Appeals. The voting was as follows:

Euille - Carpenter, Monson
Pepper - Carpenter, Monson
Gaines - Carpenter, Emard
Krupicka - Carpenter, Emard
Lovain - Emard, Monson
Smedberg - Emard, Monson
Wilson - Carpenter, Emard

11. Alexandria Environmental Policy Commission
1 Member From the Field of Environmental Sciences (e.g.
Environmental/Sanitary Engineering, Ecology, Geology, Botany,
Hydrology, Chemistry)
1 Citizen-at-Large

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

NAME: ENDORSED BY:

Jessica Bayliss Brown
William Billotte
Ernest Lehmann

Jennifer Hovis
Heather Schaefer
Christa Watters

(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; 2/2/09, 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 Ernest Lehmann as the one member from the field of environmental sciences (e.g. environmental/sanitary engineering, ecology, geology, botany, hydrology, chemistry) and reappointed Jennifer Hovis as the one citizen at large to the Alexandria Environmental Policy Commission. The voting was as follows:

Euille - Lehmann, Hovis
Pepper - Lehmann, Hovis
Gaines - Lehmann, Hovis
Krupicka - Lehmann, Hovis
Lovain - Lehmann, Hovis
Smedberg - Lehmann, Hovis
Wilson - Lehmann, Hovis

11.1 Reconsideration of a Motion Made at the January 13, 2009 City Council Meeting on the Following:

Alexandria Redevelopment and Housing Authority Board of Commissioners
1 Citizen Member

Acting City Attorney Spera explained the power allowed in the City Charter to reduce the number of commissioners on the ARHA board from nine to seven members, and he responded to questions of City Council.

WHEREUPON, a motion was made by Councilman Gaines and seconded by Vice Mayor Pepper, to rescind the motion made at the January 13, 2009 City Council meeting.

AN AMENDMENT WAS MADE by Councilman Wilson, seconded by Councilmember Lovain, to direct the City Attorney to prepare an ordinance for Council introduction to reconstitute the ARHA Board of Commissioners as described by the City Attorney previously.

After discussion, Councilman Gaines withdrew his motion.

WHEREUPON, a motion was made by Vice Mayor Pepper, seconded by Councilman Gaines, to rescind the motion made at the January 13, 2009 City Council meeting.

WHEREUPON, a substitute motion was made by Councilman Wilson, seconded by Councilmember Lovain, to rescind the motion made at the January 13, 2009 City Council meeting and, in addition, directed the City Attorney to prepare an ordinance for introduction at the next legislative meeting to reconstitute the ARHA Board of Commissioners as described.

The voting to have the substitute motion carried 4-3 and was as follows:

Wilson "aye" Pepper "no"
Lovain "aye" Gaines "no"
Euille "no" Krupicka "aye"
Smedberg "aye"

The voting on the substitute motion carried unanimously and was as follows:

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

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

NAME: ENDORSED BY:

Matthew Carmody
Mark Elder
Merrick Malone
Albert Melvin Miller
Johnnie Saunders

(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; 2/2/09, 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 Albert Melvin Miller to the ARHA Board. The voting was as follows:

Euille - Miller
Pepper - Miller
Gaines - Miller
Krupicka - Miller
Lovain - Miller
Smedberg - Miller
Wilson - Miller

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

12. Recommendations and Status Report on Legislation Introduced at the 2009 General Assembly Session.

(A copy of the City Manager's memorandum dated January 24, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 12; 2/2/09, and is incorporated as part of this record by reference.)

Legislative Director Caton made a presentation of the report and responded to questions of City Council.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilman Wilson and carried 6-0, City Council approved the legislative positions included in attachment 1 (recommended positions on bills of importance to the City) as recommended by the City Council Legislative Subcommittee (Mayor Euille and Councilman Smedberg.) The voting was as follows:

Smedberg "aye" Pepper "aye"
Wilson "aye" Gaines "aye"
Euille "aye" Krupicka absent
Lovain "aye"

13. Receipt of Report on the Proposed American Recovery and Reinvestment Act (Federal Stimulus Package).

(A copy of the City Manager's memorandum dated January 22, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 13; 2/2/09, and is incorporated as part of this record by reference.)

Legislative Director Caton made a presentation of the report and responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council received the report. The voting was as follows:

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

14. Receipt of Development Update for DSUP #2008-0011 for Mt. Vernon Commons.

(A copy of the City Manager's memorandum dated January 21, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 14; 2/2/09, and is incorporated as part of this record by reference.)

Planner Contrares made a presentation of the update and noted that no motion was necessary.

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

(a) Mayor Euille congratulated Councilman Krupicka, as Governor Kaine announced appointments to the Virginia Board of Education and has appointed Councilman Krupicka. Governor Kaine also appointed Patricia Beattie of Alexandria to the Vocational Rehabilitation Council for the Blind and Vision Impaired.

(b) Councilman Krupicka said they had their monthly City School meeting last month. He said they handed out a chart with enrollment and enrollment continues to show an increase over last year and is not showing any signs of moving away from that trend. The schools are close to finishing its strategic plan and it will be done by March. One of the things that is clear in the plan is the emphasis on an international baccalaureate plan, and three schools who have interest in it, but most likely it will move forward with two in the initial stages, and that program is 18 months to two years out. The School Board will most likely include access of preschool as an important component of their strategic plan, and they have had discussions with the School Administration on better ways for the City staff and School staff to align the staff efforts as relates to preschool efforts. Councilman Krupicka noted that the School Board chair asked for participation in the Community Read program.

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Mayor Euille said there will be a fundraiser February 12 at the Fish Market Restaurant to raise money for the family of murdered Yellow Taxi Cab driver Khalil Siddiqi.

ORAL REPORT FROM THE CITY MANAGER

Director of Transportation and Environmental Services gave an update on HOV Bus HOT Lanes and he, along with Deputy Director Culpepper, responded to questions of City Council.

Director Baier gave an update on the City's response to the snow event last Tuesday and he responded to questions of City Council.

ORDINANCES AND RESOLUTIONS

15. Consideration of a Resolution Requesting that a New City of Alexandria Project Be Established in the Commonwealth Transportation Board Six-Year Improvement Program. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated January 21, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 15; 2/2/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Wilson, seconded by Councilman Gaines and carried unanimously by roll-call vote, City Council adopted the resolution requesting that the Commonwealth Transportation Board establish a new project in the Six-Year Improvement Program to fund the purchase of buses for the Alexandria Transit Company. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2317

WHEREAS, in accordance with the Virginia Department of Transportation allocation procedures, it is necessary that a request by council be made in order that the Department program an urban highway project in the City of Alexandria; and

WHEREAS, the City of Alexandria desires to use urban system funds to purchase buses for use by its Alexandria Transit Company.

NOW THEREFORE BE IT RESOLVED, that the Council of the City of Alexandria, Virginia, requests that the Virginia Department of Transportation establish a new urban system project in the Six-Year Improvement Program for the purchase of buses for Alexandria Transit Company.

BE IT FURTHER RESOLVED, that the Council of the City of Alexandria hereby agrees to pay its share of the total cost for purchasing these buses in accordance with Section 33.1-44 of the Code of Virginia, and that if the City of Alexandria subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation.

BE IT FURTHER RESOLVED, that the Council of the City of Alexandria hereby authorizes the City Manager to execute any agreements necessary to advance this project.

16. Consideration of Grant Application and Resolution for FY 2010 Funding for the Continuation of the Alexandria Transportation Demand Management Program and to Fund a Public Transportation Intern Position. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated January 22, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 16; 2/2/09, and is incorporated as part of this record by reference.)

Director of Transportation and Environmental Services Baier, along with Deputy Director Culpepper, made a presentation of the report and responded to questions of City Council.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council: 1. adopted the resolution for FY 2010 funding for the continuation of the Alexandria Transportation Demand Management Program and to fund a public transportation intern position; and 2. authorized the City Manager to: A) submit a grant application and the resolution to the Virginia Department of Rail and Public Transportation for FY 2010 funding, (1) in the amount of $228,240 which will be matched by $57,060 of City funds, for a total program of $285,300, for the continuation of the City's transportation demand management services (formerly Rideshare); and (2) in the amount of $26,600, which will be matched by $1,400 of City funds, for a total of $28,000 to continue the public transportation intern program; B) approve the continuation of two full-time grant-funded positions (transit specialist I and transit services assistant I) to administer the on-going Alexandria transportation demand management program. Continuation of these positions is contingent upon continuation of funding from the Virginia Department of Rail and Public Transportation or other non-City sources; and C) execute all necessary documents that may be required under this program. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2318

WHEREAS, in accordance with Virginia Department of Rail and Public Transportation allocation procedures, it is necessary that a request by City Council resolution be made in order that the Virginia Department of Rail and Public Transportation fund a transportation demand management program in the City of Alexandria and to fund a public transportation intern;

NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager is authorized, for and on behalf of the City of Alexandria, hereafter referred to as the PUBLIC BODY, to execute and file an application to the Department of Rail and Public Transportation, Commonwealth of Virginia, hereafter referred to as the DEPARTMENT, for a grant of financial assistance in the amount of $228,240 to defray the costs borne by the PUBLIC BODY for continuation of the ALEXANDRIA TRANSPORTATION DEMAND MANAGEMENT program and to accept from the DEPARTMENT grants in such amounts as may be awarded, and to authorize the City Manager to furnish the DEPARTMENT grants in such amounts as may be awarded, and to authorize the City Manager to furnish to the DEPARTMENT such documents and other information as may be required for processing the grant request. The City Council certifies that the funds shall be used in accordance with the requirements of Section 58.1-638.A.4 of the Code of Virginia.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL that the City Manager is authorized, for and on behalf of the City of Alexandria, hereafter referred to as the PUBLIC BODY, to execute and file an application to the Department of Rail and Public Transportation, Commonwealth of Virginia, hereafter referred to as the DEPARTMENT, for a grant of financial assistance in the amount of $26,600 to defray the costs borne by the PUBLIC BODY to fund a public transportation intern and to accept from the DEPARTMENT grants in such amounts as may be awarded, and to authorize the City Manager to furnish the DEPARTMENT grants in such amounts as may be awarded, and to authorize the City Manager to furnish to the DEPARTMENT such documents and other information as may be required for processing the grant request. The City Council certifies that the funds shall be used in accordance with the requirements of Section 58.1-638.A.4 of the Code of Virginia.

BE IT FURTHER RESOLVED, that the PUBLIC BODY will provide funds in the amount of $57,060, which will be used as a 20 percent match to the state funds in the ratio as required in such Act, that the records of receipts of expenditures of funds granted the PUBLIC BODY may be subject to audit by the DEPARTMENT and by the State Auditor of Public Accounts, and that funds granted to the PUBLIC BODY for defraying the expenses of the PUBLIC BODY shall be used only for such purposes as authorized in the Code of Virginia.

BE IT FURTHER RESOLVED, that the PUBLIC BODY will provide funds in the amount of $1,400, which will be used as a 5 percent match to the state funds in the ratio as required in such Act, that the records of receipts of expenditures of funds granted the PUBLIC BODY may be subject to audit by the DEPARTMENT and by the State Auditor of Public Accounts, and that funds granted to the PUBLIC BODY for defraying the expenses of the PUBLIC BODY shall be used only for such purposes as authorized in the Code of Virginia.

The undersigned duly qualified and acting as City Clerk of the PUBLIC BODY certifies that the foregoing is a true and correct copy of a Resolution, adopted at a legally convened meeting of the City Council held on the 2nd day of February, 2009.

17. Authorization of City Comments to the National Capital Planning Commission Concerning the Washington Headquarters Service BRAC-133 Project at the Mark Winkler Site and a Resolution for the Establishment of a Project Advisory Committee. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated January 23, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 17; 2/2/09, and is incorporated as part of this record by reference.)

Deputy City Manager Jinks, along with Mr. Farner, Planning and Zoning and Deputy Director of Transportation and Environmental Services Culpepper, made a presentation of the report and they, along with Planning Director Hamer, responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council ratified the comments and recommendations to the National Capital Planning Commission concerning the Washington Headquarters Services BRAC-133 office building complex at the Mark Center and the rest of the item will come before Council on February 10. The voting was as follows:

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

17.1 Consideration of a Resolution Establishing a Braddock Metro Neighborhood Plan Implementation Advisory Group. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated January 22, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 17.1; 2/2/09, and is incorporated as part of this record by reference.)

Planning Director Hamer, along with Ms. Beeton, Planning and Zoning, made a presentation of the report and noted two corrections to the resolution. Ms. Beeton noted that in the resolution, there is an amendment to #2 to read "20" members instead of "19" and in the first bullet, it should be "six" instead of "five."

WHEREUPON, upon motion by Councilman Wilson, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council: 1. adopted the resolution establishing a Braddock Metro Neighborhood Plan Implementation Advisory Group, with an amendment to #2 to read "20" members instead of "19" and in the first bullet, it should be "six" instead of "five;" and 2. authorized the City Manager to appoint the members of the group. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2319

WHEREAS, the City Council unanimously adopted the Braddock Metro Neighborhood Plan on March 15, 2008 and Braddock East Small Area Plan on October 18, 2008 (the Plans).

WHEREAS, the City Council wishes to continue to gain the advice of community members representing a variety of interests in the implementation of the Plans.

WHEREAS, the Plan outlines the formation of an Implementation Advisory Group
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ALEXANDRIA, VIRGINA THAT:

OTHER

18. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated January 23, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 18; 2/2/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council: 1. scheduled the annual meeting of the Alexandria Transit Company Stockholders at 6:45 p.m. before Council's Tuesday, February 24 legislative meeting in the Council work room; 2. changed the date of the ACVA/AEDP work session from before the Tuesday, March 24 legislative meeting to 5:30 p.m. before the Tuesday, April 14 legislative meeting (subject to confirmation by the ACVA and AEDP Boards); 3. scheduled a work session on the Fire Department budget issues at 5:30 p.m. before Council's Tuesday, March 24 legislative meeting in the Council work room (subject to changing the date of the ACVA/AEDP work session to April 14); 4. scheduled a work session on the waterfront planning process at 5:30 p.m. before Council's Tuesday, May 21 legislative meeting in the Council work room; and 5. received the revised calendar which includes the Mayor's State of the City Address, which will be on Saturday, February 21 at 8:30 a.m., at the Charles Houston Recreation Center Gymnasium, 9056 Wythe Street, which then will push back the ribbon cutting dedication of the Charles Houston Recreation Center, and then to move the 9:30 a.m. start of the City Council public hearing to 10:30 a.m. The voting was as follows:

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

18.1 Consideration of a Motion to Amend Condition #13 of the Development Special Use Permit Previously Adopted as Part of Item #7 at the January 24, 2009 City Council meeting:

DEVELOPMENT SPECIAL USE PERMIT #2007-0022
ENCROACHMENT #2008-0003
COORDINATED SIGN PROGRAM SUP #2008-0090
2801 MAIN STREET AND 2900 MAIN STREET
POTOMAC YARD - TOWN CENTER (LANDBAY G)
Public Hearing and Consideration of a request for: (A) a development special use permit, with site plan and modifications, for development of the Potomac Yard Town Center to include various residential, hotel, office and retail uses, as well as, requests to allow a grocery store and fitness center/spa over 20,000 square feet each, sales trailers, an increase in penthouse height, a parking reduction, and approval to convert office square footage to retail square footage; (B) a request to allow encroachments into the public right-of-way; (C) a request for a coordinated sign program; zoned CDD-10/Coordinated Development District. Applicant: RP MRP Potomac Yard, LLC by M. Catharine Puskar, attorney

PLANNING COMMISSION ACTION:
DSUP Recommend Approval w/amendments 7-0
ENC Recommend Approval 7-0
SUP Recommend Approval w/amendments 7-0

(A copy of the City Manager's memorandum dated January 26, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 18.1; 2/2/09, and is incorporated as part of this record by reference.)

Planning Director Hamer made a presentation of the report and asked Council to amend the motion to state that staff did not agree with the applicant's position on the matter.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council directed staff to put together a comprehensive policy to determine best practices, with the Planning Commission support and with endorsement from the Parks and Recreation Commission, so Council would not take any action on changing the special use permit. The voting was as follows:

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

EXECUTIVE SESSION

19. Consideration of Convening An Executive Session Closed to the Public to Discuss with Legal Counsel Utility and Cable Franchise Issues and Whether to Ask for an Interpretation of State Law by the Virginia Attorney General; and to Discuss Personnel Matters Related to the Vacant City Attorney Position.

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, at 10:03 p.m., City Council convened in Executive Session, pursuant to Section 2.2-3711(A)(1) and (A)(7) of the Code of Virginia for the purpose of consulting with legal counsel regarding seeking an opinion from the Virginia Attorney General's Office, to meet with legal counsel to discuss the terms of a public utility and cable franchise, and to discuss personnel matters related to the vacant City Attorney position. The voting was as follows:

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

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, at 10:48 p.m., City Council reconvened the meeting. The voting was as follows:

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

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

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


The resolution reads as follows:

RESOLUTION NO. 2320

WHEREAS, the Alexandria City Council has this 2nd day of February 2009, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

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

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

* * * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, the City Council meeting of February 2, 2009 was adjourned at 10:49 p.m. The voting was as follows:

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



APPROVED BY:

_____________________________
WILLIAM D. EUILLE MAYOR



ATTEST:

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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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