1. Calling the Roll. The meeting was called to order by Mayor Euille, and the City Clerk called the roll; all the members of City Council were present. Council Action:_________________________________________________________ 2. Moment of Silence and Pledge of Allegiance. City Council observed a moment of silence and recited the Pledge of Allegiance. Council Action:_________________________________________________________ 3. Reading and Acting Upon the Minutes of the Following Meetings of City Council: (a) The Special Meeting Minutes of April 9, 2007; (b) The Regular Meeting Minutes of April 10, 2007; and (c) The Public Hearing Meeting Minutes of April 14, 2007. City Council approved the special meeting minutes of April 9, 2007, the regular meeting minutes of April 10, 2007, and the public hearing meeting minutes of April 14, 2007. Council Action:_________________________________________________________ RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL None. PROCLAMATIONS 4. Presentation of a Proclamation Recognizing T. Michael Miller and Gary D. Eyler as the Recipients of the Alexandria Historical Society History Awards. City Council endorsed the proclamations. Council Action:_________________________________________________________ 5. Presentation of the Flora Krause Casey Public Health Awards to Steve Hart and Dr.'s Thomas E. Burns, S. James Dispenza, Jennifer L. Kilmer, and Collin S. Walters. City Council endorsed the proclamations. Council Action:_________________________________________________________ 6. Presentation of a Proclamation Recognizing the 30th Anniversary of St. Martin's Senior Center. City Council endorsed the proclamation. Council Action:_________________________________________________________ 7. Presentation of a Proclamation Declaring April as Fair Housing Month. City Council endorsed the proclamation. Council Action:_________________________________________________________ 8. Presentation of a Proclamation Declaring April 21-28, 2007, as Affordable Housing Awareness Week. City Council endorsed the proclamation. Council Action:_________________________________________________________ OTHER 9. Verbal Report of the Presentation of the Annual Report by First Night Alexandria's President-Elect Charlotte Hall. City Council heard a presentation on the annual report of First Night Alexandria. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER CONSENT CALENDAR (10-16) (Resignations and Uncontested Appointments) 10. Receipt of the Following Resignations From Members of Boards, Commissions and Committees: (a) Alexandria Affordable Housing Advisory Committee S. Lee Weber (b) Alexandria Commission on Information Technology Eric A. Medina (c) Historic Alexandria Resources Commission Jennifer Hall (d) Alexandria Urban Design Advisory Committee Marie McKenney Tavernini 11. Uncontested Appointments to Boards, Commissions and Committees: (a) Alexandria Commission for the Arts 3 Members Who Represent Arts Education or Business Expertise Relative to Arts and Cultural Development, Including Such Perspectives As Marketing, Finance/Funding, Tourism Promotion and Organizational Development (b) Alexandria George Washington Birthday Celebration Committee 1 Representative of the Business Community Nominated by the Alexandria Chamber of Commerce (c) Alexandria Human Rights Commission 2 Citizen Members (d) Alexandria Landlord-Tenant Relations Board 1 Minority Resident of the City Who Is Not A Landlord or A Tenant (Homeowner) (e) Alexandria Sister Cities Committee 1 Citizen Member 12. Consideration of Authorization of Recommended Capital Project Allocations and Planned Expenditures. 13. Consideration of Monthly Financial Report for the Period Ending March 31, 2007. 14. Consideration of Authorization to Apply for a Reimbursement Grant Through the United States Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Partnership Program. 15. Consideration of Submission of a Renewal Grant Application to the Virginia Department of Motor Vehicles For an Aggressive Driving/DUI Interdiction Program in FY 2008. (Ordinances for Introduction) 16. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Increase Delinquent Personal Property Tax Collection Fees. The Public Hearing and Adoption is Scheduled for May 7, 2007. END OF CONSENT CALENDAR City Council approved the Consent Calendar. The City Manager's recommendations were as follows: 10. City Council accepted the following resignations with regret: (a) S. Lee Weber, Alexandria Affordable Housing Advisory Committee; (b) Eric A. Medina, Alexandria Commission on Information Technology; (c) Jennifer Hall, Historic Alexandria Resources Commission; and (d) Marie McKenney Tavernini, Alexandria Urban Design Advisory Committee. 11. City Council made the following appointments to boards and commissions: (a) reappointed Mary Brooks and Patricia Miller and appointed Morgan Hilton as the three members who represent arts education or business expertise relative to arts and cultural development, including such perspectives as marketing, finance/funding, tourism promotion and organizational development to the Alexandria Commission for the Arts; (b) reappointed Joseph Shumard as the one representative of the business community nominated by the Alexandria Chamber of Commerce to the Alexandria George Washington Birthday Celebration Committee; (c) appointed Michael Hess and Patricia Spurlock as the two citizen members to the Alexandria Human Rights Commission; (d) reappointed Raymond Johnson as the one minority resident of the City who is not a landlord or a tenant (homeowner) to the Alexandria Landlord-Tenant Relations Board; and (e) appointed Holly Beardow as the one citizen member to the Alexandria Sister Cities Committee. 12. City Council authorized the capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Expenditure Summary. 13. City Council received the Monthly Financial Report for the Period Ending March 31, 2007. 14. City Council: 1. Authorized the City Manager to continue the City's participation as an applicant jurisdiction for the Bulletproof Vest Partnership Program to permit law enforcement agencies in the City to apply for reimbursement for bulletproof vests purchased in calendar years 2007 and 2008; 2. Authorized all City law enforcement agencies eligible under the requirements of the Bulletproof Vest Partnership Program to participate and apply for reimbursement under the City's comprehensive application in each year that federal funding is available for this program; and 3. Authorized the City Manager to execute any necessary documents. 15. City Council: 1. Approved the grant application to the Virginia DMV in the amount of $81,500, which will provide funds to the Police Department to operate a DUI/aggressive driving interdiction program in the City; and 2. authorized the City Manager to execute all necessary documents that may be required. 16. This item was withdrawn. Council Action:_________________________________________________________ CONTESTED APPOINTMENTS 17. Alexandria Citizen Corps Council 1 Citizen Member City Council appointed Caroline Faiella as the one citizen member to the Alexandria Citizen Corps Council. Council Action:_________________________________________________________ 18. Alexandria Social Services Advisory Board 1 Citizen Member City Council appointed Susan Samuels as the one citizen member to the Alexandria Social Services Advisory Board. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION 18.1 Presentation by the Budget and Fiscal Affairs Advisory Committee (BFAAC) of its Review of the FY 2008 Proposed Budget. City Council received the report of the Budget and Fiscal Affairs Advisory Committee. Council Action:_________________________________________________________ PUBLIC HEARINGS: 19. Public Hearing on the Increase in Real Estate Tax Revenue, at a Rate Not to Exceed $.83.5 per $100 of Assessed Value, Attributable to the Increase in Value of Assessed Property as of January 1, 2007, and Known as the "Effective Rate Increase" Pursuant to Section 58.1-3321 of the Virginia Code. Adoption of the Tax Rate is Scheduled for May 7, 2007. (#16, 4/10/07) City Council held the public hearing. Adoption is scheduled for May 7, 2007. Council Action:_________________________________________________________ 20. Public Hearing on an Ordinance to Establish the Real Estate and Personal Property Tax Rates for Calendar Year 2007 and to Conform the City Code to the Amendments to the Personal Property Tax Relief Act of 1998 Which Were Made by the General Assembly in 2006. Adoption is Scheduled for May 7, 2007. (#16, 4/10/07) City Council held the public hearing. Adoption is scheduled for May 7, 2007. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION (cont.) 21. Consideration of Modification of Loan Agreement for the Beverly Park Apartments Due to Proposed Revisions to the Rehabilitation Plan. City Council approved a modification of WHDC's agreement with the City to increase the permanent financing portion of its FY 2006 loan from $1.2 million to the entire $1.5 million loan amount and approved a change in the project's Affordable Housing Plan to reduce the number of housing units from 41 to 33. Council Action:_________________________________________________________ 22. Consideration of the Traffic and Parking Board Recommendation on the Installation of a Traffic Signal at the Intersection of South Washington Street and Wolfe Street. City Council authorized staff to install a traffic signal at the intersection of South Washington Street and Wolfe Street. The Traffic and Parking Board held a public hearing on this on March 26 and following the public hearing recommended that the traffic signal be installed. Council Action:_________________________________________________________ 23. Briefing from Dominion Virginia Power on Proposed New Powerlines. City Council heard a briefing from Dominion Virginia Power on proposed new powerlines. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES None ORAL REPORTS BY MEMBERS OF CITY COUNCIL (a) Mayor Euille noted that this evening it kicked off the third Arts in City Hall initiative and the exhibit is on display on the second and third floor of City Hall and will run through September 14. (b) Mayor Euille said Alexandria, for the second year in a row, was recognized by American Style Magazine as one of the top 25 arts destinations for 2007 in the population category of 100,000 to 499,000. (c) Mayor Euille said the April 2007 issue of Fido Friendly Magazine has a special feature on Old Town Alexandria and is entitled, "Dogs Are Welcome." (d) Councilwoman Pepper said she and Councilman Smedberg co-chair the committee that monitors Mirant, and last Friday they learned that two court cases that they had pending had been ruled on and it didn't go the City's way. The first case had to do with the zoning power where Council had voted to change the Mirant Plant from a non-complying use to a non-conforming use, which would have meant that they would have had about a seven year closure and the court ruled that they had a vested right to stay open and to operate the plant. She said the City will pursue other options. Councilwoman Pepper said the second case was with the District Court in Alexandria where it approved the consent decree in the Federal Clean Air Act case and this was one where the EPA, Maryland and Mirant had presented. The City opposed it as it realized that there would be an increase in Nox and other emissions. She said the good news is that the State Air Pollution Control Board is going to be meeting in Alexandria on May 22 and vote on the decree. The hearing is from 4:00 to 9:00 at the Eisenhower Avenue Holiday Inn, and they will consider the operating permit for Mirant. Councilwoman Pepper noted an email she received from Mary Harris, who is a member of the committee, who wrote about the residents at Marina Towers either who have left or have died, many of whom have breathing problems and people cannot use their balconies on the City side of the building or open their doors and windows for fear of the noise and pollution. Councilwoman Pepper said that Elizabeth Chimento has sent an email out announcing that there will be a series of Pepco planned line outages, which will begin tomorrow and last until June 21, which means that in keeping with the Department of Energy order, the Mirant plant may have some emission exceedences. Council Action:_________________________________________________________ ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL (a) Councilwoman Pepper said this week is Turn Your Television Off week and it got started because kids are watching television 1,250 hours a year and they are only in school 900 hours. Mayor Euille noted that it is not just turning off the TV, but the rationale behind it is that when one watches too much TV or plays on the computers for a great period of time, they have a tendency to snack and drink soda, and they become obese. The real message was to stop watching so much television and playing computer games and get out and exercise. (b) Councilwoman Pepper said the City has been named Tree City 24 years in a row, and she asked that the flag be flown in front of City Hall. (c) Councilman Gaines said he serves as Council's designee to the Board of Governors of the Alexandria Convention and Visitors Association and he gave an update on the status for the search for the new executive director, noting that the search firm was retained, interviews were conducted and specs are being put together for the position. (d) Councilman Gaines said he sent out a copy of a resolution voicing the City's support as an elected body for voting rights in the District of Columbia, as well as House Rule 1905, which is the D.C. Voting Rights Act. The prospects look very favorable - the House voted by a solid majority to support D.C. Voting Rights and it will now go to the Senate. It has bipartisan support and is an act which seeks to make amends for what has been an historical slight. He said he hoped it will be remedied soon and the resolution that is before Council will show support for their neighbor. Councilman Gaines read part of the resolution. Council adopted a resolution expressing support for full voting rights in the House of Representatives for a Representative of the District of Columbia. (RES. NO. 2224) (e) Councilmember Lovain said the Transportation Planning Board of the Council of Governments faced a major decision at its most recent meeting on whether to let a series of projects proceed to air quality conformity analysis, especially two very major projects in Northern Virginia - the conversion of the I-95/395 HOV lane to an HOV/HOT lane, and the widening of I-66 inside of the Beltway. There was a lot of effort by the NVTC, NVTA and jurisdictions in Northern Virginia to try to work with VDOT and the private partners to get assurances on critical issues before proceeding with the project, especially to see that transit was not going to be degraded on the lanes but actually enhanced, as it was designed originally as a busway, and to make sure there were safety concerns that were addressed and incident response concerns, as it will be a narrower shoulder in some places. Councilmember Lovain said that in consultation with them, they were forthcoming in addressing the issues. He said he felt comfortable with allowing the project to proceed and going into conformity analysis. Councilmember Lovain said the I-66 project is much more problematic, and that is a defacto widening of I-66, in opposition to the spirit of the Coleman agreement from the 1980's with the Federal and State government on that issue. He said they should stand with Arlington on the I-66 project. In a close vote, the Transportation Planning Board decided to defer the decision until the next meeting. He said if the projects are broken out separately, his inclination is to support the I-95/395 project and oppose the I-66 project, and if the I-66 project is not defeated, to support Arlington in its efforts to get more assurances from VDOT about safety and other issues before it proceeds. Council Action:_________________________________________________________ ORAL REPORT FROM THE CITY MANAGER Police Chief Baker, along with Deputy Chief Corle and Executive Deputy Chief Cook, presented the Police Department Crime Comparison Report. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 24. Consideration of a Resolution Concerning the Retention of Affordable Housing at Hunting Towers. [ROLL-CALL VOTE] City Council deferred this item until the next Council meeting so that it could be referred to the Stakeholders Group. Council Action:_________________________________________________________ OTHER 25. Consideration of City Council Schedule. City Council adopted the schedule for April through June, 2007, which includes: the Alexandria Technology Achievement Awards reception on Tuesday, May 8 at 6:30 p.m. in Room 2000; the Alexandria Technology Achievement Awards reception on Monday, May 15, in the Capitol View Room at the Hilton Mark Center, 5000 Seminary Road, from 6:00 p.m. to 8:00 p.m.; the Alexandria Technology Achievement Awards luncheon on Friday, May 18 at noon (registration at 11:30 a.m.) at the Holiday Inn Hotel and Suites, 625 First Street; and the annual Emergency Medical Services (EMS) Breakfast on Tuesday, May 22 at 9:00 a.m. at the INOVA Alexandria Hospital Atrium, 4320 Seminary Road; and Council moved the scheduled April 30 budget work session to Tuesday, May 1. Council Action:_________________________________________________________ NEW BUSINESS ITEM NO. 1: Executive Session. At 10:39 p.m., City Council convened in executive session, pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, for the purpose of discussing actual and probable litigation involving the Mirant Power Plant. At 11:11 p.m., City Council reconvened the meeting. City Council adopted the resolution pertaining to the Executive Session. (RES. NO. 2225) Council Action:_________________________________________________________ * * * * * * The meeting adjourned at 11:12 p.m. Note: The action docket is a summary of Council's meeting deliberations prepared largely for staff follow-up. Formal minutes of the meeting, when approved by Council become the official record of the meeting and of Council decisions made at the meeting.