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Public Hearing Meeting
Saturday, April 16, 2011 - - 9:30 a.m.

* * * * *

Present: Mayor William D. Euille, Vice Mayor Kerry J. Donley, Members of Council Frank H. Fannon, Alicia Hughes, K. Rob Krupicka, Redella S. Pepper and Paul C. Smedberg.

Absent: None.

Also Present: Mr. Hartmann, City Manager; Mr. Banks, City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Police Captain Ogden; Mr. Johnson, Chief Financial Officer; Ms. Triggs, Director, Finance Office; Ms. Hamer, Director, Planning and Zoning; Ms. Ross, Deputy Director, Planning and Zoning; Mr. Baier, Director, Transportation and Environmental Services; Mr. Lerner, Deputy Director, Transportation and Environmental Services; Ms. Baker, City Engineer, Transportation and Environmental Services; Ms. Orr, Director, Human Resources; Fire Chief Thiel; Ms. Harris, Communications Officer, Office of Communications; Ms. Davis, Director, Office of Housing; Mr. Keeler, Office of Housing; 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. (Councilwoman Hughes arrived at 9:55 a.m.)

2. Public Discussion Period.

The following persons participated in the public discussion period:

(a) Andrew Macdonald, 217 N. Columbus Street, spoke to the Waterfront Plan, noting he was disappointed in the comments from the Planning Commission about the Plan. He spoke about the Plan, speaking to what the foundation of the Plan should have, and the fact that it should prevent further pollution of the Potomac, increase affordable public access to the waterfront and shoreline, the town's history should be the foundation for the modest attempts to commercialize the waterfront, and the revenue to pay for the restoration should not be tied to development plans like hotels. A Plan should support the local businesses and be cost effective, and it should include a Maritime museum, a large new park, a new arts district, and a new small boat recreation center.

(b) Denise Freeland, 917 Crestwood Drive, expressed gratitude from the arts community for Council's support of its activities. She asked that the funding of the Commission for the Arts be maintained at the 2010 levels, at a minimum.

(c) Carolyn Griffin, 1201 N. Royal Street, artistic director of Metro Stage, spoke in support of arts funding being maintained at a minimum at the current funding level.

(d) George Chadwick, 2930 Holly Street, with Alexandria Performing Arts Association, spoke about what the City gets for its art money, and he urged that the level of funding for the arts be maintained at its current level.

(e) Linda Hafer, 105 N. Union Street, executive director of the Art League, spoke in support of funding of the arts, and she hoped Council would recognize the value of maintaining funding for the Arts Commission and its grants program, and she encouraged Council to fund a public art funding policy to ensure funding in the future.

(f) June Whelan, 400 Madison Street, vice president and musician in the Washington Balalaika Society, spoke in support of funding for the arts, and she asked Council to continue its support of the Arts Commission.

(g) Matthew Harwood, 1755 North Cliff Street, co-chair, Commission for the Arts, and on behalf of the public art committee, spoke in support of funding for two additional arts initiatives--establishing and staffing a new public art manager position in the Office of the Arts, and maintaining funding levels for the Alexandria Commission for the Arts grant program.

(h) Lisa Hawkins, 1801 N. Quaker Lane, executive director of Convergence, spoke in support of arts in Alexandria, and she asked Council to support the vital role of arts in Alexandria.

(i) Tom Berkey, P. O. Box 11274, with the Alexandria Harmonizers, spoke in support of the arts in Alexandria and said they cannot continue its program without the support of the City Council.

(j) Leisa Collins, 1200 Braddock Road, member, Commission for the Arts, spoke in support of funding for the arts and asked that it be maintained and increased.

(k) Ulysses James, 4009 Gibbs Street, member of the Metropolitan Philharmonic Association, spoke in support of funding for the arts, and said the investment in the arts will bring more to the City for less money than anything else.

(l) David Denardo, 922 S. Washington Street, president, Alexandria Firefighters Local 2141, reiterated their position on the proposed one percent increase contribution in the retirement pensions, noting they are opposed to any increase in contributions. Although a market rate adjustment is needed, it does not guarantee any future salary adjustments to off-set the increase in the employee retirement contributions. Mr. Denardo asked that Council vote for option A and does not implement the one percent employee retirement contribution increase in FY2012.

(m) Jean Antone, 704 S. Fairfax Street, said that last year, she spoke about street cleaning and pothole repair, and to date, not one pothole has been repaired and street cleaning is sporadic, at best. She spoke of the increase of salaries for City employees and for the schools. She spoke of her concern of the City's debt financing, and she asked if the City's tax base could support its level of borrowing, and asked if it needed another Metro Station when it already has four, without financial analysis or analysis of ridership. She asked Council to set firm priorities on spending.

(n) Lonnie Phillips, 221 Randolph Avenue, president, Alexandria Medics Association, said asking employees to pay one percent into the retirement is ill-advised. He said it will have a negative impact on employees, after years of having no cost-of-living increase or merit and an increase in health insurance. He said the pension ad-hoc committee is looking at the retirement plan for the employees, and it seems like the logical way to balance the needs of the employees and the City for retirement. He said Alexandria is one of the richest cities with real estate that has fared much better than others, and yet it has some of the lowest paid employees in the region. He urged Council to vote for option A.

(o) Melynda Wilcox, 403 Jackson Place, requested Council to fully fund the schools CIP budget for two new elementary schools, a K-8 school to replace Jefferson Houston and an additional K-8 school on the Patrick Henry site. She said partial funding would put the school board in the position of having to chose from the two schools, and it would divide the community and both are needed to reduce overcrowding. She said an investment in the schools is an investment in the community.

(p) John Gosling, 208 S. Fayette Street, president, Old Town Civic Association, spoke about the Waterfront Plan, noting that there is still significant frustration with the planning process, which has not adequately presented a range of alternative options for review or taken into account numerous concerns of the Old Town community. Mr. Gosling submitted their modifications in a letter submitted today and he highlighted three issues of concern: the planning process should slow down; make a stronger commitment to historic and cultural amenities; and set limits on the type of allowable commercial uses in the waterfront area. He said the City has asked for public comment on the plan and they see no reason to hurry the process and request a delay in the adoption timetable to allow more time to work with the City.

(q) Ed Didian, 112 Princess Street, spoke of the cruise ships he brought into Alexandria in the 1990's, noting that there are no more cruises since the river is not deep enough. Mr. Didian spoke about the DASH bus service and he said there are only two, three or four people on the buses. He said the transit subsidies for 2010 was shown at $7.5 million for DASH, and the last three years showed a subsidy of $24 million. He asked why it operates a bus service that is not used.

(h) Poul Hertel, 1217 Michigan Court, spoke in response to the letter to the editor regarding bicycle issues in which it was pointed out that it assumed six riders a day. He spoke to the number of trips and riders per day, and if Council is to pursue it further because it allocated $400,000, he urged Council to strongly look and work through it more meticulously. Mr. Hertel said regarding the Waterfront Plan, there are outstanding issues, and the Plan seems to be reinterpreted in such a manner about density and revenue to the point that the projected revenue has become meaningless, and that needs to be solved. Mr. Hertel said the Boat Club wants to move and wants the City to pay for it, but what happens to the site if they do and what are the collateral damages. He said that until the discussions are ready for public domain, the whole Plan needs to be deferred.

(i) Kathleen B. Landrith, 4603 S. 36th Street, Arlington, said she rides the DASH buses a lot and she heard the #2 and 10 may be lost. She said they need the buses, they are good, and the drivers are friendly, helpful and caring.

(j) Meredith MacNab, 408 S. Royal Street, said they have a fabulous City and she said it takes money to have a qualitative way of life. She said paying taxes is a necessary thing to do and they are blessed to have a lot of incredibly dedicated professionals in the City. She said they need a dedicated funding source for implementation of plans. She said she and her husband use DASH and Metro and it is a fabulous system

(k) Ed Milner, 2003 Mill Road, vice president, Alexandria Police Association and a board member of the Police Union, said that in the past, employees have asked for financial compensation and the response has been that a study had to be performed and a decision to give the compensation would be based on the outcome, and when the studies have favored City employees, the City retracted its promise and never gave the compensation. He asked Council to treat its employees with the same careful thought and respect it treats the property tax rates. Mr. Milner asked Council to afford the ad-hoc retirement advisory committee the opportunity to present its findings to Council prior to any implementation of any proposed increase to the pension, strike the increase from the proposed budget and the debate.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-6.1)

Planning Commission

3. SPECIAL USE PERMIT #2010-0087
4740 EISENHOWER AVENUE
DOG DAYS OF OLD TOWN
Public Hearing and Consideration of a request to operate a dog day care facility with overnight boarding and a request for a parking reduction; zoned OCM-100/Office Commercial Medium (100). Applicant: Kathryn Rollins (Deferred from March docket.

PLANNING COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated April 16, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 4/16/11, and is incorporated as part of this record by reference.)

4. DEVELOPMENT SPECIAL USE PERMIT #2011-0005
1701 DUKE STREET
EDMONDSON PLAZA
Public Hearing and Consideration of a request for an amendment to development special use permit #2010-0005, to decrease allowable retail use and increase office use; zoned OCH/Office Commercial High. Applicant: 1701 Duke Street, LLC represented by Kenneth Wire, attorney

PLANNING COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated April 16, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/16/11, and is incorporated as part of this record by reference.)

5. TEXT AMENDMENT #2011-0006
INFILL REGULATIONS
Public Hearing and Consideration of a text amendment to the Zoning Ordinance to revise Section 7-2503 regarding infill threshold height requirements as they apply to certain properties affected by the new floodplain regulations. Staff: Planning and Zoning

PLANNING COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated April 16, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/16/11, and is incorporated as part of this record by reference.)

6. TEXT AMENDMENT #2011-0008
BAR ADMINISTRATIVE APPROVALS
Public Hearing and Consideration of a text amendment to revise section 10-113, 10-213 and 10-316 of the Zoning Ordinance to allow administrative approval of BAR cases for minor architectural elements. Staff: Department of Planning and Zoning

PLANNING COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated April 16, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/16/11, and is incorporated as part of this record by reference.)

6.1 Consideration of an Application to the Commonwealth of Virginia State Homeland Security Grant Program on Behalf of the Northern Virginia Hospital Alliance to Acquire New Radios For the Hospitals Participating in the Alliance.

(A copy of the City Manager's memorandum dated April 11, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6.1; 4/16/11, and is incorporated as part of this record by reference.

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilwoman Pepper and carried unanimously, City Council approved the consent calendar, with the exception of docket item number 6, which was considered under separate motion. The approval was as follows:

3. City Council approved the Planning Commission recommendation.

4. City Council approved the Planning Commission recommendation.

5. City Council approved the Planning Commission recommendation.

6.1 City Council: 1. approved the application to the Commonwealth of Virginia State Homeland Security Grant Program (due April 18, 2011); and 2. authorized the City Manager to execute the necessary documents that may be required.

The voting was as follows:

Hughes "aye" Donley "aye"
Pepper "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Smedberg "aye"

6. TEXT AMENDMENT #2011-0008
BAR ADMINISTRATIVE APPROVALS
Public Hearing and Consideration of a text amendment to revise section 10-113, 10-213 and 10-316 of the Zoning Ordinance to allow administrative approval of BAR cases for minor architectural elements. Staff: Department of Planning and Zoning

(A copy of the Planning Commission report dated April 16, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/16/11, and is incorporated as part of this record by reference.)

Deputy Planning Director Ross responded to questions of Council concerning the administrative appeals

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Donley and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows:

Smedberg "aye" Fannon "aye"
Donley "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

7. Public Hearing on an Ordinance to Establish the Real Estate and Personal Property Tax Rates for Calendar Year 2011. (Adoption of the ordinance will occur May 2, 2011.) (#7, 3/12/11)

(A copy of the City Manager's memorandum dated March 8, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/16/11, 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. 7; 4/16/11, 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. 7; 4/16/11, and is incorporated as part of this record by reference.)

Chief Financial Officer Johnson made a presentation of the report. Director of Transportation and Environmental Services Baier gave an overview of the transportation tax, and he, along with Deputy Director Lerner, responded to questions of City Council. Deputy City Manager Jinks also spoke to the transportation tax.

The following persons participated in the public hearing on this item:

(a) Bud Miller, 115-D South St. Asaph Street, spoke in opposition to the commercial add-on tax, noting that Council should hold a referendum on it.

(b) John Stephenson, 133 N. Payne Street, Apt. 1, president, Alexandria Taxpayers United, asked Council to keep the rates as low as possible, and he noted that Council should keep the rate at lower than the maximum allowed by law.

(c) Tina Leone, 801 N. Fairfax Street, president and CEO, Alexandria Chamber of Commerce, noted that most of their members are willing to pay their fair share of transportation costs, noting the nearly 500 signatures on their petition.

(d) Mike Anderson, 801 N. Fairfax Street, chairman, Alexandria Chamber of Commerce, noted that the business community contributes more than 50 percent of the revenue to the City and said they are willing to sit down with the Council to figure out how to fund things.

(e) Skip Maginniss, 801 N. Fairfax Street, vice chair government relations, Alexandria Chamber of Commerce, spoke to the commercial add-on tax, noting that it should not be a choice between the 12 1/2 cents or being left behind adjacent communities. He said they support council's effort to look for ways to attract more business to the City and to make the development corridors more viable.

(f) Jack Sullivan, 4300 Ivanhoe Place, representing the Seminary Hill Association, asked Council to eliminate the 12.5 percent commercial add-on tax.

(g) Mark Allen, 111 Oronoco Street, spoke in opposition to the commercial add-on tax.

(h) Carl Glad, 129 N. Payne Street, spoke in opposition to the commercial add-on tax.

(i) Adrien Cotton, 109 S. Alfred Street, founder and co-owner, Fitness on the Run, spoke in opposition to the commercial add-on tax.

(j) Brian Gordon, 1050 17th Street, Suite 350, Washington, D.C., Virginia vice president of government affairs for the Apartment and Office Building Association, spoke in opposition to the commercial add-on tax.

(k) Jay Krafft, 5707-A Edsall Road, said he is a businessman and small commercial property owner in Alexandria, spoke in opposition to the commercial add-on tax.

(l) Jody Manor, 823 King Street, owner, Bittersweet Catering, spoke in opposition to the commercial add-on tax.

(m) William Pugh, 1200 N. Quaker Lane, spoke in support of dedicated funding for transportation.

(n) Annabelle Fisher, 5001 Seminary Road, asked Council to eliminate the tax on food at the grocery stores; everyone should pay to park in the City garage; she spoke in opposition to the Police Department's request for an additional $2 million, and the money generated from parking tickets should go to the Police budget; and the Schools are way out of line and don't deserve half of what they earn. The money for transportation should be in place now, and the 12.5 percent add-on tax is not fair.

(o) John Renner, 4000 Featherstone Place, speaking on behalf of the board of directors of the Alexandria Chamber of Commerce, spoke in opposition to the commercial add-on tax.

(p) Christopher Campagna, 816 Duke Street, submitted Dr. Charles Varipapa's comments. Mr. Campagna spoke in opposition to the commercial add-on tax.

(q) George Foote, 910 Vicar Lane, spoke in favor of the commercial add-on tax, but not to the maximum amount allowed, and he urged Council to look for ways to allocate portions of the property tax revenues into transportation needs.

(r) Donald Simpson, Sr., 619 Oakland Terrace, Simpson Properties, spoke about exempt businesses only paying $50 for a business license tax, saying that the statistics on that is wrong, as the tenants will pay the tax that is imposed.

(s) Joseph Guiffre, 540 Second Street, #301, spoke in opposition to the creation of a new property tax which singles out the business community.

(t) Dave Cavanaugh, 4008 Fort Worth Avenue, asked that Council not approve funding of projects in corridor C until completion and adoption of a Beauregard Small Area Plan; consideration and recommendations made by the high capacity transit way corridor workgroup; budget memo #10 is clarified to ensure residents and businesses will have an opportunity to comment on the projects; and projects approved by Council should be coordinated with neighboring jurisdictions.

(u) Thomas Osborne, 114 N. Columbus Street, spoke in opposition to the commercial add-on tax.

(v) Kim Caplan, 418 Queen Street, spoke about the commercial add-on tax, and noted that there is a big transportation infrastructure problem. She said if the tax is not enacted, then she asked what the traffic or air quality would be like.

(w) Jonathan Krall, 6A East Mason Avenue, vice chair, Alexandria Bicycle and Pedestrian Advisory Committee, spoke in support of bicycle and walking being more accessible modes of transportation, and it should work toward building a transportation system around moving people.

(x) Poul Hertel, 1217 Michigan Court, spoke about the transportation network, noting that at some point, Alexandria will come to a gridlock, and said in the end, it is about providing mobility. He said he was originally for the tax, but in listening to the discussions in the public, it continues to perpetuate the myth that everyone is not in the same boat, so he urged Council to support the transportation endeavors but from the general fund and dedicate the general fund for that purpose.

(y) Robert Gasiewicz, 520 Carlyle Street, #416, speaking on behalf of the Alexandria Chamber of Commerce, spoke in opposition to the commercial add-on tax.

(z) Katy Cannady, 20 E. Oak Street, said that adding a transportation tax means they can say farewell to many small independent retailers, and the transportation tax is an idea that needs to be scrapped.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper, to closed the public hearing. The voting was as follows:

Krupicka "aye" Donley "aye"
Pepper "aye" Fannon "aye"
Euille "aye" Hughes "aye"
Smedberg "aye"

8. Public Hearing on an Ordinance to Codify the Tier 1 Potomac Yard Metrorail Station Special Services District as a Separate Classification For Real Estate Tax Purposes and to Establish the Tax Rate for Calendar Year 2011. (Adoption of the ordinance will occur May 2, 2011.) (#8, 3/12/11)

(A copy of the City Manager's memorandum dated March 9, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 4/16/11, 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. 8; 4/16/11, 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. 8; 4/16/11, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper, City Council closed the public hearing. The voting was as follows:

Donley "aye" Fannon "aye"
Pepper "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Smedberg "aye"

9. Public Hearing to Obtain Community Input on the Recruitment Profile for the New City Manager.

(A copy of the City Manager's memorandum dated March 15, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 4/16/11, and is incorporated as part of this record by reference.)

The following persons participated in the public hearing on this item:

(a) Anthony Barone, 4380 King Street, #1104, said he found value when his leaders prioritize health and safety of every citizen and visitors and provide support to the men and women who strive to keep everyone safe. He asked Council to consider four characteristics of a city manager: one who is mindful of natural and manmade threats and hazards; who understands the importance of health and safety services such as law enforcement, emergency medical services, fire and rescue departments and public health; demonstrates the willingness and ability to assure public health and public safety services not only meet but exceed national standards; and one who has a vision to provide the residents and visitors seamless public health and public safety services through the amelioration of existing service gaps and deficiencies.

(b) Annabelle Fisher, 5001 Seminary Road, said there was no publicity on the focus groups being selected, and she hoped the focus groups would be transparent, their names will be given, and they are representative of the City at-large, and it has a renter or two and people who may not agree with Council. She said the city manager needs to have integrity, honesty, transparency, openness, be accessible, be mindful of taxpayers money, budgeting and how much is being spent, and she didn't think a focus group was a good way to go.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Smedberg and carried unanimously, City Council closed the public hearing to obtain community input. The voting was as follows:

Donley "aye" Fannon "aye"
Smedberg "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

10. Public Hearing on the Draft Fiscal Year 2012 Action Plan for Housing and Community Development.

(A copy of the City Manager's memorandum dated April 11, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 4/16/11, and is incorporated as part of this record by reference.)


The following person participated in the public hearing on this item:

(a) Annabelle Fisher, 5001 Seminary Road, said she attended the majority of the meetings for the master plan. She said the process has been useless and worthless, She said staff did not present the amount of money they need and want and were not creative of how to partner with already existing agencies.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council held the public hearing on the draft FY 2012 action plan for Housing and Community Development and docketed it for consideration on May 10, 2011. The voting was as follows:

Donley "aye" Fannon "aye"
Pepper "aye" Hughes absent
Euille "aye" Krupicka "aye"
Smedberg "aye"

ORDINANCES AND RESOLUTIONS

11. Public Hearing, Second Reading and Final Passage of an Ordinance to Make Supplemental Appropriations for the Support of the City Government for Fiscal Year 2011. (#12, 4/12/11) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated April 5, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/16/11, 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. 11; 4/16/11, 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. 11; 4/16/11, and is incorporated as part of this record by reference.)

The following person participated in the public hearing on this item:

(a) Anthony Barone, 4380 King Street, asked Council to consider the proposed one percent increase in employee contributions to pension plans and support option A for public safety employees, to consider approval for 12 safer grant positions and have all fire department suppression vehicles staffed with four personnel, and not three, consider approval for the port security grant for the new fireboat, approval for the new fire station 210 and the station renovation plans identified in the City's CIP, support for the fire departments apparatus replacement program, and continued support for the building out of the fire and public safety infrastructure and support staff.

Director of Finance Triggs responded to questions of City Council.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously by roll-call vote, City Council adopted the ordinance to make supplemental appropriations for the support of the City government for Fiscal Year 2011. The voting was as follows:

Pepper "aye" Fannon "aye"
Donley "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Smedberg "aye"

The ordinance reads as follows:

ORDINANCE NO. 4714

AN ORDINANCE making supplemental appropriations for the support of the government of the City of Alexandria, Virginia, for fiscal year 2011.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter named the amounts hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2011, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 2010, but not appropriated, and further that the Council does hereby allot the amount so appropriated to the several city departments for fiscal year 2011, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Commonwealth Attorney $ 3,434
Transportation and Environmental Services 500,000
Fire 278,569
Police 44,550
Housing 1,141,410
Mental Health/Mental Retardation/Substance Abuse 88,818
Human Services 1,046,044
Historic Alexandria 75,000
Library (21,961)
Total Appropriation $ 3,155,864

APPROPRIATION:

Commonwealth Attorney $ 3,434
Transportation and Environmental Services 500,000
Fire 278,569
Police 44,550
Housing 1,141,410
Mental Health/Mental Retardation/Substance Abuse 88,818
Human Services 1,046,044
Historic Alexandria 75,000
Library (21,961)
Total Appropriation $ 3,155,864

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the Stimulus Fund hereafter named the amounts hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2011, the source of such amount being external American Recovery and Reinvestment Act Funds for which revenues were authorized and adjusted after July 1, 2010, but not appropriated, and further that the Council does hereby allot the amount so appropriated to the several city departments for fiscal year 2011, as follows:

ESTIMATED STIMULUS FUND REVENUE:

Transportation and Environmental Services $ 9,170,000
Total Estimated Revenue 9,170,000

APPROPRIATION:

Transportation and Environmental Services $ 9,170,000
Total Estimated Revenue 9,170,000

Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision for and transfer appropriations in the General Fund in the amounts hereafter stated that are required to defray certain expenditures and liabilities, as follows:

GENERAL FUND

APPROPRIATION:

City Manager $(132,263)
Fire (495,202)
Housing 484,000
Information Technology Services 95,503
Emergency Communications 1,396,029
Police (900,827)
Recreation (95,503)
Human Resources 132,263
Non-Departmental (484,000)
Total Appropriation $ 0

Section 4. That the Council of the City of Alexandria, Virginia does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 2011, the source of such amount being Transfers In From General Fund and Loan Payments in support of the Housing Fund, and further, that the Council does hereby allot the amount so appropriated for fiscal year 2011 as follows:

SPECIAL REVENUE FUND/HOUSING FUND

ESTIMATED REVENUE:

Loan Payments $ 478,782
Transfers In From General Fund 484,000
Total Estimated Revenue $ 0

APPROPRIATION:

Housing Fund $ 962,782
Total Appropriation $ 962,782

Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.

12. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain Section 6-300 (Floodplain District) of Article VI (Special and Overlay Zones) of the City of Alexandria Zoning Ordinance, in Accordance With the Text Amendment Heretofore Approved by City Council as Text Amendment No. 2011-0004. (#13, 4/12/11) [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. 12; 4/16/11, 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. 12; 4/16/11, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Krupicka and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance to amend the floodplain district and special and overlay zones. The voting was as follows:

Donley "aye" Fannon "aye"
Krupicka "aye" Hughes "aye"
Euille "aye" Pepper "aye"
Smedberg "aye"

The ordinance reads as follows:

ORDINANCE NO. 4715

AN ORDINANCE to amend and reordain Section 6-300 (FLOODPLAIN DISTRICT) of Article VI (SPECIAL AND OVERLAY ZONES) of the City of Alexandria Zoning Ordinance, in accordance with the text amendment heretofore approved by city council as Text Amendment No. 2011-0004.

WHEREAS, the City Council finds and determines that:

1. In Text Amendment No. 2011-0004, the planning commission, having found that the public necessity, convenience, general welfare and good zoning practice so require, recommended approval to the City Council on March 1, 2011 of a text amendment to the Zoning Ordinance to adopt revised floodplain regulations, which recommendation was approved by the City Council at public hearing on March 12, 2011;

2. The City Council in adopting this ordinance expressly adopts, ratifies, affirms and concurs in the finding and action of the Planning Commission above stated;

3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 6-300 of the Zoning Ordinance be, and the same hereby is, amended by deleting the current section in its entirety and inserting new language, as shown:

Sec. 6-300 Floodplain district.

6-301 Purpose and Intent.

6-305 Administration.

6-306 Special Regulations.

(a) provide a minimum of two openings on different sides of each enclosed area subject to flooding;

(b) the total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding;
(c) if a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit;

(d) the bottom of all required openings shall be no higher than one foot above the adjacent grade;

(e) openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and,

(f) foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

6-307 Other Conditions.

6-308 Subdivision Requirements.
6-310 Flood Prevention Projects.

6-311 Variances

6-312 Compliance, Liability, Severability and Penalties.

6-313 Appeals.
6-314 Annual Report.

Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing text amendment.

Section 3. That Section 6-300, as amended pursuant to Section 1 of this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective on the date and at the time of its final passage, and shall apply to all applications for land use, land development or subdivision approval provided for under the City of Alexandria Zoning Ordinance which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Planning Commission (continued)

None.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR


EXECUTIVE SESSION

13. Consideration of a Closed Meeting For the Purpose of Consulting With Legal Counsel Regarding Potential and Pending Litigation and Real Estate Acquisition Matters.

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, City Council convened in closed executive session at 1:14 p.m, pursuant to Sections 2.2-3711(A)(3) and (7) of the Code of Virginia,for the purpose of discussion or consideration for the acquisition of real property for a public purpose or the disposition of publicly held property, and consultation with legal counsel and briefings by staff members pertaining to actual or probable litigation regarding specific legal matters requiring the provision of legal advice. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, City Council reconvened the meeting at 2:04 p.m. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously by roll-call vote, City Council adopted a resolution pertaining to the Executive Session. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

The resolution reads as follows:
RESOLUTION NO. 2447

WHEREAS, the Alexandria City Council has this 16th day of April 2011, 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 Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, City Council adjourned the public hearing meeting of April 16, 2011 at 2:05 p.m. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

APPROVED BY:

______________________________
WILLIAM D. EUILLE MAYOR

ATTEST:

____________________________________

Jacqueline M. Henderson, MMC
City Clerk and Clerk of Council


This docket is subject to change.

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