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Regular Meeting
Tuesday, June 24, 2008 - - 6:30 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. Pessoa, City Attorney; Ms. Snow, Assistant City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Caton, Legislative Director; Ms. Winey, Grants Coordinator, City Manager's Office; Mr. Castrilli, Communications Director, City Manager's Office; Ms. Harris, Communications Officer, City Manager's Office; Mr. Mason, Special Assistant to the City Manager; Police Captain Ogden; Police Chief Baker; Police Captain Reyes; Ms. Boyd, Director, Citizen Assistance; Mr. Kincannon, Director, Recreation, Parks and Cultural Activities; Ms. Vosper, Recreation, Parks and Cultural Activities; Mr. Chesley, Recreation, Parks and Cultural Activities; Ms. Colton, Recreation, Parks and Cultural Activities; Mr. Mackey, Gang Prevention Coordinator; Ms. Davis, Director, Office of Housing; Ms. McIlvaine, Deputy Director, Office of Housing; Mr. Culpepper, Deputy Director, Transportation and Environmental Services; Dr. Gilmore, Director, Mental Health/Mental Retardation and Substance Abuse; Mr. Trobridge, Deputy Director, Office of Information Technology; Ms. Hamer, Director, Planning and Zoning; Mr. Josephson, Deputy Director, Planning and Zoning; Mr. Farner, Planning and Zoning; Ms. Peterson, Planning and Zoning; Mr. Webb, Planning and Zoning; Mr. Milone, Planning and Zoning; Ms. Triggs, Director, Finance Department; Mr. Johnson, Director, Office of Management and Budget; Ms. Taylor, Office of Management and Budget; Fire Chief Thiel; Battalion Chief North; Mr. Catlett, Drector, Code Enforcement; Ms. Collins, Assistant City Manager/Director, Human Services; Ms. Lacomba, Deputy Director, Human Services; Mr. Frazier, Director, Youth Services, Human Services; Ms. Griffin, Director, Office of Aging and Adult Services, Human Services; Mr. Mallamo, Director, Office of Historic Alexandria; Mr. Mandley, Director, General Services; Mr. McPike, Division Chief, General Services; Sheriff Lawhorne; Ms. Dunn, Office on Women; 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 Meetings of City Council:

(a) The Regular Meeting Minutes of June 10, 2008; and

(b) The Public Hearing Meeting Minutes of June 14, 2008.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council approved the regular meeting minutes of June 10, 2008 and the public hearing meeting minutes of June 14, 2008. The voting was as follows:

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

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

None.

PROCLAMATIONS

4. Presentation of a Proclamation Recognizing 106 Days of Education.

(A copy of the proclamation is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/24/08, and is incorporated as part of this record by reference.)

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

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

5. Presentation of a Proclamation Declaring July 2008 as National Parks and Recreation Month in the City of Alexandria.

(A copy of the proclamation is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/24/08, and is incorporated as part of this record by reference.)

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

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

6. Presentation of a Proclamation Recognizing Bonita Copeland, Office on Aging, as City Employee of the Month for May.

(A copy of the proclamation is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/24/08, 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 endorsed the proclamation. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (7-22)

(Resignations and Uncontested Appointments)

7. 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. 7 (a-c); 6/24/08, and is incorporated as part of this record by reference.)

8. Uncontested Appointments to Boards, Commissions and Committees: The President of the Alexandria Hotel Association (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. 8 (a-i); 6/24/08, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

9. Receipt of the Draft City Policy on Acquired Art and Setting it For Public Hearing on September 13, 2008.

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 9; 6/24/08, and is incorporated as part of this record by reference.)

10. Receipt of the 2006 Annual Report of the Commission for Women.

(A copy of the City Manager's memorandum dated June 12, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 10; 6/24/08, and is incorporated as part of this record by reference.)

11. Consideration of Results of the Fiscal Year 2008 Fair Housing Tests.

(A copy of the City Manager's memorandum dated June 9 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 11; 6/24/08, and is incorporated as part of this record by reference.)

12. Consideration of the Alexandria Community Services Board's Amended FY 2009 Plan of Services, Which Includes the Fiscal Year 2009 Performance Contract With the State.

(A copy of the City Manager's memorandum dated June 4, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 12; 6/24/08, and is incorporated as part of this record by reference.)

13. Receipt of the 2007-2008 Annual Report from the Historic Alexandria Resources Commission. (This item has been deleted)

14. Consideration of Approval of an Allocation From the Virginia Employment Commission For Employment and Training Services For Civilian Employees and Their Spouses Affected by Base Realignment and Closure (BRAC.)

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 14; 6/24/08, and is incorporated as part of this record by reference.)

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

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 15; 6/24/08, and is incorporated as part of this record by reference.)

16. Consideration of the Monthly Financial Report For the Period Ending May 31, 2008.

(A copy of the City Manager's memorandum dated June 18, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 16; 6/24/08, and is incorporated as part of this record by reference.)

17. Consideration of a Grant Application Renewal to the U.S. Department of Housing and Urban Development to Provide Residential Services to Mental Health and Substance Abuse Consumers.

(A copy of the City Manager's memorandum dated June 18, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 17; 6/24/08, and is incorporated as part of this record by reference.)

18. Consideration of a Grant Renewal to the Virginia Department of Social Services For the Office on Women's Domestic Violence Program.

(A copy of the City Manager's memorandum dated June 18, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 18; 6/24/08, and is incorporated as part of this record by reference.)

19. Consideration of Recommendations For the Use of Early Childhood Funds Carried Over From Fiscal Year 2008.

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 19; 6/24/08, and is incorporated as part of this record by reference.)

20. Consideration of a Proposed Amendment to the Charter of the Northern Virginia Regional Commission Regarding Appointment of Commission Members.

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 20; 6/24/08, and is incorporated as part of this record by reference.)

21. Consideration of an Application by the Sheriff's Office for Grant Funds From the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program, to Improve Security at the Alexandria Courthouse.

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 21; 6/24/08, and is incorporated as part of this record by reference.)

22. Extension of the Terms of Two Members of the Board of Directors of the Alexandria Economic Development Partnership to September 30, 2008.

(A copy of the City Manager's memorandum dated June 20, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22; 6/24/08, and is incorporated as part of this record by reference.)

22A. Receipt of Preliminary Staff Response to the Tridata Assessment of Fire Department Resource Locations, Staffing and Facilities. (old item 33)

(A copy of the City Manager's memorandum dated June 20, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22A; 6/24/08, and is incorporated as part of this record by reference.)

22B. Consideration of Report From the Council Committee on Boards and Commissions. (old item 35)

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22B; 6/24/08, and is incorporated as part of this record by reference.)

22C. Status Report on the Public Art Honoring Charles Houston and the Design Process For the Public Art. (old item 36)

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22C; 6/24/08, and is incorporated as part of this record by reference.)

22D. Consideration of a Modification to the City's Debt Related Policies: Debt Per Capita as a Percent of Per Capita Income. (old item 42)

(A copy of the City Manager's memorandum dated June 18, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22D; 6/24/08, and is incorporated as part of this record by reference.)

22E. Consideration of Providing Interim City Funding For the Gang Intervention Prevention Education Program. (old item 43)

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22E; 6/24/08, and is incorporated as part of this record by reference.)

22F. Receipt of Status Report on Actions Related to the City Council's Strategic Plan. (old item 44)

(A copy of the City Manager's memorandum dated June 20, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22F; 6/24/08, and is incorporated as part of this record by reference.)

39. Consideration of Work Plan to Implement Recommendations of the Affordable Housing Initiatives Work Group.

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 39; 6/24/08, and is incorporated as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council approved the consent calendar, with the removal of items #17, 18, 22A, 22B, 22C and 22D and with the addition of 39. The City Manager's recommendations were as follows:

7. City Council accepted the following resignations with regret: (a) Christine Marschall, Alexandria Commission on Persons with Disabilities; (b) Anne G. Haynes, Alexandria George Washington Birthday Celebration Committee; and (c) Amara Vogt, Alexandria Park and Recreation Commission.

8. City Council made the following appointments: (a) appointed James Lewis as the one citizen member to the Alexandria-Gyumri Sister City Committee; (b) reappointed Deborah Rankin as the one citizen member and reappointed H. Richard Lloyd, III as the one architect to the Alexandria Board of Architectural Review - Parker-Gray District; (c) reappointed Edward McKinney as the one citizen member to the Alexandria Carr/Norfolk Southern (Carlyle) Design Review Board; (d) reappointed Jane King as the one supportive services provider representative to the Alexandria Commission on Aging; (e) reappointed Terence Everitt, Roberta New and Tiffeny Sanchez as the three citizen members to the Alexandria Community Services Board; (f) reappointed Tara Zimnick-Calico as the one attraction representative, reappointed Ellen Stanton as the one historic preservation representative, waived the residency requirement and reappointed Charles Banta and Kevin Brockway as the two hotel owner/manager representatives, reappointed Wendy Albert as the one restaurant owner/manager representative, reappointed John Renner, II as the one at-large member, waived the residency requirement and reappointed John Varghese as the president of the Alexandria Hotel Association to the Alexandria Convention and Visitors Association Board of Governors (ACVA); (g) appointed Christopher Jones as the one representative from the Alexandria Association and Osborne Mackie as the one representative from the Historic Alexandria Foundation to the Historic Alexandria Resources Commission; (h) waived the residency requirement and reappointed Sandra Goshgarian as the one member from the Alexandria-Gyumri Sister City Committee to the Alexandria Sister Cities Committee; and (i) appointed Karen Norris as the one representative from a civic association impacted by the Woodrow Wilson Bridge Construction

9. City Council: 1. received the recommended revisions to the City's Policy on Acquired Art as submitted by staff and the Alexandria Commission for the Arts; 2. scheduled a public hearing for Saturday, September 13 to receive public comments on the proposed revisions to the City's "Policy on Acquired Art" and scheduled the policy for further consideration at the legislative meeting after the policy hearing; and 3. thanked the members of the Commission for the Arts and the Commission's Public Art Committee for their efforts on behalf of City Council.

10. City Council received the report and thanked the Commission for Women for their efforts on behalf of the City.

11. City Council accepted the results of fair housing tests conducted in fiscal year 2008 for potential discrimination in rental apartments based on race and national origin.

12. City Council approved the Board's amended FY 2009 Plan of Services, which includes approval of the Performance Contract with the State and an increase of 4.3 FTE's to be fully supported by $422,882 in special revenues.

13. This item was deleted.

14. City Council: 1. approved the acceptance of the allocation in the amount of $241,876 for intensive employment and training services for Base Realignment and Closure (BRAC)-impacted workers; 2. authorized the establishment of up to two full-time temporary-funded positions, Workforce Development Specialist, with the Department of Human Services/JobLink to provide employment training services and manage the transition of civilian employees of the military to other career opportunities in the community. These positions will terminate upon the expiration of the allocation and the persons who fill this position will be notified that this is a condition of their employment; and 3. authorized the City Manager to execute all necessary documents that may be required.

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

16. City Council received the Monthly Financial Report for the period ending May 31, 2008.

19. City Council approved the transfer to the Department of Human Services $300,000 in early childhood funds designated in contingent reserves and carried over from FY 2008 as part of the FY 2009 budget process to be expended as follows: 1. $130,000 to purchase additional quality early care and education slots for previously not served at-risk children; 2. $30,000 to fund quality enhancement and staff development in child care centers; 3. $90,000 to fund the purchase, implementation and evaluation of the Portage curriculum in family child care homes; and 4. $50,000 to be held toward local match for a State Quality Rating System funding opportunity that may occur during July and August 2008. If this entire amount is not needed, the ability to migrate the remainder to slots is outlined in option 1.

20. City Council approved the amendment to Article V: members, Section 1, Selection, of the by-laws that govern the Northern Virginia Regional Commission to provide that the chief elected officers (Mayor) from the governing body or his designee, not the Council's designee, will represent that jurisdiction on the NVRC.

21. City Council authorized: 1. the submission of a grant (due July 8, 2008) for $24,369 to the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant program; and 2. the city manager to execute the necessary documents that may be required.

22. City Council approved the request from the AEDP Board of Directors to extend the terms of board members Lynn Hampton and Agnes Artemel for an additional 90 days from June 30, 2008.

22E. City Council allocated $20,400 from the contingent reserve account to the Court Service Unit to provide funding for the Gang Intervention Prevention/Education Program for the period of June 14 through September 30, 2008.

22F. City Council: 1. received the preliminary status report on the Alexandria City Council strategic plan; and 2. scheduled a work session on the strategic plan at 5:30 p.m. before Council's Tuesday, October 14 legislative meeting in the Council Work Room.

39. City Council: 1. approved the definitions of affordable and workforce housing on pages 6-7 of the Affordable Housing Initiatives Work Group's Interim Recommendations; 2. adopted the focus on preservation and other high priority activities, rather than receipt of on-site units in development projects, as described in this memorandum; 3. authorized the city manager to establish a new work group to make specific recommendations on developer contributions; 4. authorized the development of a Housing Master Plan, to include funding of up to $383,000 in FY 2009 for contract staff (1.5 FTE) and consultants, to be funded from dedicated Housing-related tax revenues; and 5. authorized staff to proceed as described in this memorandum with regard to: 1. tracking market affordable rental units and developing mechanisms to encourage their owners to keep them affordable and b. developing recommendations for long-term affordability of units purchased through the City's Homeownership Assistance Program (HAP) and Moderate Income Homeownerships Program (MIHP.)

The voting was as follows:

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

17. Consideration of a Grant Application Renewal to the U.S. Department of Housing and Urban Development to Provide Residential Services to Mental Health and Substance Abuse Consumers.

(A copy of the City Manager's memorandum dated June 18, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 17; 6/24/08, and is incorporated as part of this record by reference.)

In response to questions from Councilman Smedberg, Dr. Gilmore, Director, Mental Health, Mental Retardation and Substance Abuse, responded to questions about the due date for the grant.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council authorized the City Manager to: 1. submit FY 2009 grant applications to HUD (due date to be determined,) for $259,605; and 2. execute all documents that may be required. The voting was as follows:

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

18. Consideration of a Grant Renewal to the Virginia Department of Social Services For the Office on Women's Domestic Violence Program.

(A copy of the City Manager's memorandum dated June 18, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 18; 6/24/08, and is incorporated as part of this record by reference.)

In response to questions from Councilman Smedberg, Ms. Dunn, Office on Women, responded to questions about the due date for the grant renewal.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council authorized the City Manager to: 1. submit the domestic violence grant application to the Virginia Department of Social Services for Fiscal Year 2009 (due date to be determined by VDSS); and 2. execute all documents that may be required. The voting was as follows:

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

22A. Receipt of Preliminary Staff Response to the Tridata Assessment of Fire Department Resource Locations, Staffing and Facilities. (old item 33)

(A copy of the City Manager's memorandum dated April 9, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22A; 6/24/08, and is incorporated as part of this record by reference.)

In response to questions from City Council, Deputy City Manager Evans, City Manager Hartmann and Fire Chief Thiel responded to questions about the reviewing of the assessment.

WHEREUPON, upon motion by Councilman Wilson, seconded by Councilman Smedberg and carried unanimously, City Council received the report and will schedule a discussion of the report and staff recommendations on Fire facilities at a capital budget work session in the Fall. The voting was as follows:

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

22B. Consideration of Report From the Council Committee on Boards and Commissions. (old item 35)

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22B; 6/24/08, and is incorporated as part of this record by reference.)

Councilman Wilson said this doesn't have to be addressed tonight, but in #5, residency waiver for contested/uncontested appointments, there is reason for it to keep coming back on the non-consent calendar, and he suggested that it be docketed for public hearing in October with action at the second meeting in October.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilmember Lovain and carried unanimously, City Council received the report and requested the executive secretary for boards and commissions to distribute the docket item to all boards and commissions for review and comment, and that it be docketed for public hearing in October and docket it for adoption at the second legislative meeting in October. The voting was as follows:

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

22C. Status Report on the Public Art Honoring Charles Houston and the Design Process For the Public Art. (old item 36)

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22C; 6/24/08, and is incorporated as part of this record by reference.)

Councilman Gaines asked to create a City Council liaison to be appointed by the Mayor and City Manager, and he asked staff to reach out to Howard University School of Law in an advisory role, as Charles Houston was a former dean at the school.

WHEREUPON, upon motion by Councilman Gaines, seconded by Councilman Wilson and carried unanimously, City Council: 1. authorized the city manager to appoint a selection panel to oversee the design process as outlined in this report; 2. authorized the Mayor to appoint a Charles Houston Art Project Stakeholder Advisory Group to work with City staff and the selection panel in selecting the finalist for the design competition; and 3. requested staff and the Commission for the Arts to proceed with the fundraising and design competition for the Charles Houston Art Project. The voting was as follows:

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

22D. Consideration of a Modification to the City's Debt Related Policies: Debt Per Capita as a Percent of Per Capita Income. (old item 42)

(A copy of the City Manager's memorandum dated June 18, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22D; 6/24/08, and is incorporated as part of this record by reference.)

In response to a question from Councilman Smedberg, Deputy City Manager Jinks and Director of Management and Budget Johnson responded to questions about the markets.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council modified the City's Debt Policy Guideline for debt per capita as a percent of per capita income from a target of 2.25 percent and a limit of 3.25 percent, to a target of 3.2 percent and a limit of 4.5 percent debt as a percent of total personal income. The voting was as follows:

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

OTHER

23. Presentation of Interim Report From the Alexandria Economic Development Partnership Board Regarding Reorganization and Strategic Plan Development. (verbal presentation)

Mayor Euille noted that the Alexandria Economic Development Partnership Board is not prepared to present its report to Council but would do so in the Fall.

Vice Chair Lynn Hampton noted two resignations on the Board.

CONTESTED APPOINTMENTS

24. Alexandria Board of Architectural Review – Old and Historic District
2 Citizen Members

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

NAME: ENDORSED BY:

Jean Antone
Thomas Hulfish
Peter Smeallie

(Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of  Item No. 24; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Thomas Hulfish and Peter Smeallie as the two citizen members to the Alexandria Board of Architectural Review - Old and Historic District. The voting was as follows:

Euille - Hulfish, Smeallie
Pepper - Hulfish, Smeallie
Gaines - Hulfish, Smeallie
Krupicka - Hulfish, Smeallie
Lovain - Hulfish, Smeallie
Smedberg - Hulfish, Smeallie
Wilson - Hulfish, Smeallie

25. Alexandria Community Services Board (The following persons volunteered for appointment to the above Commission)

NAME: ENDORSED BY:

Robert Hunt
Gregory McBride-Bey
Miles McGinnis

Lourdes Quinteros

(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. 25; 6/24/08, 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 Miles McGinnis as the one consumer (current or former direct recipient of public or private mental health, mental retardation, or substance abuse treatment rehabilitation services) or family member (immediate family member or the principal caregiver who is not paid) of the consumer and waived the residency requirement and reappointed Lourdes Quinteros as the one citizen member to the Alexandria Community Services Board. The voting was as follows:

Euille - Hunt, Quinteros
Pepper - McBride, Quinteros
Gaines - McGinnis, Quinteros
Krupicka - McGinnis, Quinteros
Lovain - McGinnis, Quinteros
Smedberg - McGinnis, Quinteros
Wilson - McGinnis, Quinteros

26. Alexandria Convention and Visitors Association Board of Governors
1 Restaurant Owner/Manager Representative
1 National or International Trade or Professional Association Executive

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

NAME: ENDORSED BY:

Troy Clayton

William Connors

(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. 26; 6/24/08, 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 waived the residency requirement and appointed Troy Clayton as the one restaurant owner/manager representative and waived the residency requirement and appointed William Connors as the one national or international trade or professional association executive to the Alexandria Convention and Visitors Association Board of Governors. The voting was as follows:

Euille - Clayton, Connors
Pepper - Clayton, Connors
Gaines - Clayton, Connors
Krupicka - Clayton, Connors
Lovain - Clayton, Connors
Smedberg - Clayton, Connors
Wilson - Clayton, Connors

27. Alexandria Environmental Policy Commission
2 Citizen Members
1 Member From the Field of Environmental Sciences

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

NAME: ENDORSED BY:

Scott Barstow
David Boxer
Kristopher Croghan
Terence Hill

Laura Medhurst
Richard Ward

(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. 27; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council appointed Scott Barstow and reappointed David Boxer as the two citizen members and appointed Laura Medhurst as the one member from the field of environmental sciences to the Alexandria Environmental Policy Commission. The voting was as follows:

Euille - Boxer, Barstow, Medhurst
Pepper - Boxer, Barstow, Ward
Gaines - Boxer, Barstow, Medhurst
Krupicka - Boxer, Barstow, Medhurst
Lovain - Boxer, Barstow, Medhurst
Smedberg - Boxer, Barstow, Medhurst
Wilson - Boxer, Barstow, Medhurst

28. Alexandria Historical Restoration and Preservation Commission (The following persons volunteered for appointment to the above Commission)

NAME: ENDORSED BY:

Charles Ablard
Andrew Highfill
Michael Kalutkiewicz
Robert Sennewald
Catherine Sumner
Charles Trozzo

(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. 28; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Charles Ablard and Charles Trozzo and appointed Robert Sennewald as the three citizen members to the Alexandria Historical Restoration and Preservation Commission. The voting was as follows:

Euille - Ablard, Trozzo, Sennewald
Pepper - Ablard, Trozzo, Sennewald
Gaines - Ablard, Trozzo, Sennewald
Krupicka - Ablard, Trozzo, Sennewald
Lovain - Ablard, Trozzo, Sennewald
Smedberg - Ablard, Trozzo, Sennewald
Wilson - Ablard, Trozzo, Sennewald

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

29. Consideration of a Resolution Establishing a City Group to Monitor the Norfolk Southern Ethanol Transloading Facility. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 20, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 29; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously by roll-call vote, City Council adopted an amended resolution to establish an eight member Norfolk Southern Ethanol Transloading Community Monitoring Group (NSCMG) to monitor and keep the community informed about the many issues involved in the Norfolk Southern Ethanol Transloading Operation (to include a representative from the Eisenhower Partnership; and 2. authorized the Mayor to appoint the members to the NSCMG. The voting was as follows:

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

30. Consideration of a Report on City Regulation of Industrial Uses.

(A copy of the City Manager's memorandum dated June 20, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 30; 6/24/08, and is incorporated as part of this record by reference.)

Planning Director Hamer made a presentation of the report on industrial uses and responded to questions of City Council.

WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Pepper and carried unanimously, City Council 1. approved a policy to defer consideration for special use permits for heavy industrial uses for the Eisenhower West area; and 2. directed staff to initiate a study analyzing the costs and opportunities of redeveloping the existing heavy industrial uses in Eisenhower West. The Council determined that moving forward with the Eisenhower West plan as quickly as possible is a very high priority and agreed to determine the best way to accomplish that, including moving the
timing of other studies on the planning department work plan, as soon as the industrial study is completed. The voting was as follows:

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

31. Consideration of the Questions To Be Submitted For an Advisory Referendum to the Voters of the City Regarding the Process to Elect the City Council and School Board and Whether the Questions Should Be Included on the Ballot at a May General Election or at a November General Election. (#29, 5/13/08, #3, 6/14/08)

(A copy of the memorandum dated February 12, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 31; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council deferred this item to the first legislative meeting in May 2009 for consideration of two questions for the gubernatorial election, if Council so chooses to do so at that time. The voting was as follows:

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

32. SPECIAL USE PERMIT #2008-0020
4007 MOUNT VERNON AVENUE
24 EXPRESS STORE
Consideration of a request for a special use permit amendment to increase the hours for the sale of alcoholic beverages; zoned NR/Neighborhood Retail. Applicant: UAC Land and Building t/a 24 Express by William Thomas, Jr., agent

PLANNING COMMISSION ACTION: Recommend Approval 7-0 (#10, 5/20/08)

(A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/24/08, and is incorporated as part of this record by reference.

A copy of the City Manager's memorandum dated June 20, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 31; 6/24/08, and is incorporated as part of this record by reference.)

Deputy Director of Planning and Zoning Josephson made a presentation of the staff report and he, along with Police Chief Baker, Police Captain Reyes, Dr. Gilmore, Director of Mental Health, Mental Retardation and Substance Abuse, and Assistant City Manager/Director of Human Services Collins responded to questions of Council.

Mr. William C. Thomas, Jr., 11320 Random Hills Road, Fairfax, attorney representing the owner, responded to questions of City Council.

A MOTION WAS MADE by Councilman Gaines to accept staff's report and recommendation and allow 24 Express, given that they have the additional security for that additional one hour, to allow them the one hour until such time as staff comes back at the legislative meeting in September.

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Wilson and carried 6-1, City Council required 24 Express to continue the limitation on the sale of alcohol after 11:00 p.m. while staff works to obtain voluntary compliance with other businesses on any alcohol sales at 11:00 p.m. and to encourage staff to do that voluntary compliance as expeditiously as possible, and to bring the item back in September for review if staff is unsuccessful in completing the voluntary compliance. The voting was as follows:

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

33. Receipt of Preliminary Staff Response to the Tridata Assessment of Fire Department Resource Locations, Staffing and Facilities. THIS ITEM HAS BEEN MOVED TO THE CONSENT CALENDAR - ITEM #22A


Public Hearing:

Board of Architectural Review

34. Public Hearing and Consideration of an Appeal of the Board of Architectural Review's Decision to Take No Action on a Tie Vote on a Request For Approval of After-the-fact Alterations at 900 Prince Street, Zoned CL Commercial, BAR2007-0240. Applicant: PMA Properties, 900 LLC. APPELLANT: Townsend Van Fleet on Behalf of Petitioners.

(A copy of the Planning Department report dated June 24, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 34; 6/24/08, and is incorporated as part of this record by reference.)

Mr. Milone, Planning and Zoning, made a presentation of the staff report and responded to questions of City Council.

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

(a) Art Keleher, 208 N. Royal Street, member of the Board of Architectural Review, spoke about the BAR's decision.

(b) Van Van Fleet, 26 Wolfe Street, the appellant, representing the Old Town Civic Association, spoke in favor of the appeal.

(c) Poul Hertel, 1217 Michigan Court, president, Old Town Civic Association, spoke in favor of the appeal.

(d) Duncan Blair, attorney representing the applicant, spoke against the appeal.

(e) Rob Kauffman, owner of the building, spoke against the appeal.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Wilson and carried unanimously, City Council closed the public hearing. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Wilson and carried unanimously, City Council deferred the decision of the Board of Architectural Review, and the applicant/owner and staff should work over the summer and bring back a recommendation on the correct penalty in September, and one of the things staff and the applicant should talk about is to come to closure on the issue of the removal question, and also the issue of the paint color to be discussed. The voting was as follows:

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

35. Consideration of Report From the Council Committee on Boards and Commissions. THIS ITEM HAS BEEN MOVED TO THE CONSENT CALENDAR - ITEM #22B

36. Status Report on the Public Art Honoring Charles Houston and the Design Process For the Public Art. THIS ITEM HAS BEEN MOVED TO THE CONSENT CALENDAR - ITEM #22C

37. Consideration of a Loan For the Acquisition and Preservation/Redevelopment of a Portion of the Units at Olde Towne West Apartments.

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 37; 6/24/08, and is incorporated as part of this record by reference.)

Housing Director Davis made a presentation of the report.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously, City Council: 1. approved a loan of up to $8.0 million from affordable housing funds to Bonaventure Realty Group, LLC, for the acquisition and rehabilitation/redevelopment of affordable units at Olde Towne West Apartments, generally along the lines discussed in this memorandum; 2. authorized the use of up to $8.0 million in City general obligation bond proceeds, whose debt serve will be repaid by the one cent in real estate taxes dedicated to affordable housing; and 3. authorized the city manager to engage in further negotiations and to execute a loan agreement with Bonaventure Realty Group, LLC, with the understanding that some loan agreement terms may change either as a result of further negotiation, or as a result of the developer's due diligence, which will begin following execution of a sales agreement with AIMCO. The voting was as follows:

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

38. Consideration of Loan Increase of $500,000 to Offset a Reduction in Tax Credit Funding For the Rehabilitation of Beverly Park Apartments.

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 38; 6/24/08, and is incorporated as part of this record by reference.)

Housing Director Davis, along with Ms. Shelly Murphy, president, CEO, Wesley Housing, responded to questions of Council.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Wilson and carried unanimously, City Council allocated housing opportunity monies and approved a $500,000 increase in the City's current loan of $1.5 million to WHDC for Beverly Park Apartments, as requested. The voting was as follows:

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

39. Consideration of Work Plan to Implement Recommendations of the Affordable Housing Initiatives Work Group.

(This item was adopted under the consent calendar.)

40. Consideration of a Request For Funding From the Alexandria Housing Development Corporation (AHDC) For the Station at Potomac Yard to Offset a Reduction in Anticipated Tax Credit Equity.

(A copy of the City Manager's memorandum dated June 20, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 40; 6/24/08, and is incorporated as part of this record by reference.)

Housing Director Davis made a presentation of the staff report. General Services Division Chief McPike also made a presentation about the fire station portion of the funding.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilman Krupicka and carried unanimously, City Council: 1. allocated up to $1.5 million for The Station at Potomac Yard residential project, utilizing additional monies from Potomac Yard Development, LLC (PYD) pledged housing contribution for Potomac Yard, and authorized a loan of $1.5 million to the Alexandria Housing Development Corporation (AHDC) to repay the $1.5 million loan from future project income; and 2. within the City General Fund fund balance previously designated for to-be-determined FY 2010 CIP projects, designate $1.6 million for the Potomac Yard Fire Station project, and authorized the City Manager to negotiate and execute a loan agreement with the AHDC for $0.4 million (the additional costs of the fire station improvements related to the above residential use) to repay the $0.4 million loan from future project income; with the deletion of the separate information piece coming forward from the City Manager pertaining to the 230 KV line. The voting was as follows:

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

41. Consideration of Additional Funding For the Station at Potomac Yard Project. (THIS ITEM IS THE SAME AS ITEM #40 ABOVE AND IS DELETED.)

42. Consideration of a Modification to the City's Debt Related Policies: Debt Per Capita as a Percent of Per Capita Income. THIS ITEM HAS BEEN MOVED TO THE CONSENT CALENDAR - ITEM #22D

43. Consideration of Providing Interim City Funding For the Gang Intervention Prevention Education Program. THIS ITEM HAS BEEN MOVED TO THE CONSENT CALENDAR - ITEM #22E

44. Receipt of Status Report on Actions Related to the City Council's Strategic Plan. THIS ITEM HAS BEEN MOVED TO THE CONSENT CALENDAR - ITEM #22F

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

(a) Councilmember Lovain said he is chair of the Human Services Transportation Coordination Task Force of the Transportation Planning Board and at the last meeting, the Board approved $2.5 million in grants under the Federal Job Access Reverse Commute and New Freedom Programs, and the centerpiece of the grants was bringing wheelchair accessible taxicabs to Washington, D.C., which didn't have any. He said the regional clearinghouse idea is to have one place that elderly and low-income and people with disabilities can go to find out about all the transportation options available to them, and that was also funded through the grants, as well as a project in Alexandria in the Office on Aging in collaboration with Arlington, called Door Through Door Service to help the frail elderly have an escort take them to medical appointments.

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilmember Lovain said the United Way had its annual meeting and awards ceremony and he noted those who won awards: The Alexandria Gazette Packett award went to the Homeless Services Coordinating Council. The Inova Alexandria Hospital Eureka Award for Innovation went to the Guest House and Friends of Guest House. The Bill Perkins Outstanding Youth Community Service Award went to Kirsten Banks, president of the Alexandria Youth Council. The Alexandria United Way outstanding community service award went to Dr. Konigsberg, retired Alexandria Health Department Director. Councilmember Lovain said he has been the chair of the Alexandria United Way campaign the last two years and David Englin will take the campaign next year.

(b) Councilmember Lovain said he was pleased to take place in the third annual trash-free Potomac Watershed Trash Summit a few weeks ago, and he noted that his daughter Isabella did a video for school on cleaning up trash in the Potomac.

(c) Councilmember Lovain said he will be sponsoring a street car summit on July 22 from 6:00 to 8:00 at the Embassy Suites Hotel, and former Councilmember Lois Walker and HDR Engineering are the co-sponsors, and it will talk about streetcar projects around the country.

(d) Vice Mayor Pepper stated that tonight was St. John the Baptist evening for the Masons. The Alexandria Washington Lodge #22 every year celebrates this at Christ Church and St. John the Baptist always asks that there be a collection for the poor. The Mason's always collect from their coffers and the money is given to the City Council and the Mayor decides which charity would be receiving the check. She said the $1,500 went to the Parents Leadership Training Institute.

(e) Councilman Wilson said there was an article in the New York Timeslast week related to an initiative Mayor Bloomberg is experimenting with this summer for a car free recreation corridor, where he is designating for three consecutive Saturday's in August a 6.9 mile route from the Brooklyn Bridge to East 72nd Street that will be car free for six hours, and the idea is that it would be a recreation corridor. He said it will be interesting to watch and see if that is some form of thing the City can duplicate.

(f) Councilman Wilson said that during the Norfolk Southern discussion, it discovered a number of issues that they are going to continue to deal with, and there were a number of areas they will focus on. He said the communications response in the last couple of weeks to the Norfolk Southern situation - the creation of the website and all the information that has been put up, has not come at a small effort that staff has undertaken to get that up. He applauded staff for its efforts.

(g) Mayor Euille noted that Dr. Konigsberg, retired Health Department Director, not only received the United Way award but Dr. Konigsberg's retirement celebration was at the Lyceum last week and he presented Dr. Konigsberg a proclamation on behalf of the citizens of Alexandria.

ORAL REPORT FROM THE CITY MANAGER

None.

ORDINANCES AND RESOLUTIONS

45. Second Reading and Final Passage of an Ordinance to Increase the Business Professional and Occupational License Tax Rate Applicable to Pay Day and Car Title Lenders. (#3, 4/14/08, #31, 4/22/08, #12, 5/5/08, #33, 5/13/08, #22, 5/27/08) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated April 9, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 45; 6/24/08, 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. 45; 6/24/08, 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. 45; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Wilson, seconded by Councilman Gaines and carried unanimously, City Council passed by indefinitely the ordinance. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Wilson, seconded by Councilman Gaines and carried unanimously, City Council adopted and endorsed the voluntary agreement as detailed in the memorandum dated June 23, 2008 from the City Attorney, subject "Voluntary Agreement with Pay Day and Car Title Lenders."

Mayor Euille noted that former President Bill Clinton addressed the U.S. Conference of Mayors in Miami and one of the areas he covered at great length is the pay day lenders and he believed there needs to be Federal action on it. Mayor Euille noted that the City needs to make contact with the Bill Clinton Foundation, as Mr. Clinton is putting a lot of resources from his foundation into fighting this issue.

The voting was as follows:

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

46. Public Hearing, Second Reading and Final Passage of an Ordinance to Adopt Comprehensive Zoning Infill Regulations. (#27.1, 6/14/08) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 20, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 45; 6/24/08, 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. 46; 6/24/08, 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. 46; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilmember Lovain and carried unanimously by roll-call vote, City Council passed the ordinance to adopt comprehensive zoning infill regulations, with language to allow the Planning Commission to approve an SUP for height, for infill projects with a provision that any person may request that the case be docketed for City Council at the next possible hearing date and enact the proposed infill regulations on June 24, 2008 to become effective on June 25, 2008, and to request staff to prepare a scope timeline and budget proposal for a City-wide pattern book for City Council to consider in the Fall, to include the amendment on first reading from NVBIA dealing with the block faces. The voting was as follows:

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

47. Public Hearing, Second Reading and Final Passage of an Ordinance to Revise the Membership of the Public Health Advisory Commission. (#27.2, 6/14/08) [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. 47; 6/24/08, 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. 47; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Wilson, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council passed the ordinance to revise the membership of the Public Health Advisory Commission, with the noted technical amendment clarifying the name of the medical society. The voting was as follows:

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

The ordinance reads as follows:

ORDINANCE NO. 4557

AN ORDINANCE to amend Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), of Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Article U (PUBLIC HEALTH ADVISORY COMMISSION).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 4 of Title 2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding thereto a new Article U to read as follows:
[The following is all new language.]

ARTICLE U

Public Health Advisory Commission

Sec. 2-4-140 Creation, composition, organization and term.

(a) The Public Health Advisory Commission, initially established by Resolution No. 790, adopted May 12, 1981, is hereby established by ordinance and designated as a standing committee known as the Public Health Advisory Commission.

(b) The fourteen members of the commission shall be appointed by the City Council as follows:

(c) The members of the commission shall be appointed in the manner prescribed in title 2, chapter 4, article a of this code. The members shall serve for a term of two years, and such terms shall be staggered, except that a member who is the representative of an organization shall cease to be a member upon termination of such representative capacity. City council shall fill vacancies for the unexpired portion of the term.

Sec. 2-4-131 Functions, powers and duties; staff assistance.

(a) The functions, powers and duties of the commission shall be to advise and support the city and the city council as to:

(b) Except as expressly provided in this article, the commission may adopt rules and regulations in regard to procedure and other matters for the conduct of its business, so long as the same are not inconsistent with the city code, including, but not limited to, the establishment of committees through which it may carry on its functions, duties and purpose.

(c) Subject to the availability of funds and staff, the city manager and director of the Alexandria Health Department shall provide staff or other assistance to the commission.

Section 2. That no provision of this ordinance shall be deemed to affect the appointments or terms of the members of the Public Health Advisory Commission in office on the effective date hereof.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

48. Consideration of Resolution from the Landlord Tenant Relations Board Regarding the Voluntary Rent Guidelines. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 9, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 48; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council adopted the resolution to maintain the City's voluntary rent guidelines at not more than 5.5 percent per year where the tenant pays utilities, and not more than 7.5 percent per year where the owner pays utilities, as recommended by the Landlord-Tenant Relations Board. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2287


WHEREAS, more than half of the dwelling units in the City of Alexandria are renter-occupied; and

WHEREAS, the Alexandria City Council has continually expressed its concern for the well-being of the City's tenants and landlords through proposed charter changes, legislation, and establishment of the Landlord-Tenant Relations Board; and

WHEREAS, the Alexandria Landlord-Tenant Relations Board has previously expressed its concern to the City Council regarding excessive rent increases;

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alexandria, Virginia calls upon the Alexandria Landlord-Tenant Relations Board to monitor and investigate complaints of rent increases in excess of the following guidelines and to conduct a review of the guidelines every six months and forward recommendations to Council at a minimum of every 12 months:

-- If the tenants pay all utilities, not more than five and one half percent cumulatively per year;

-- If all utilities are included in the rental amount, not more than seven and one half percent cumulatively per year;

PROVIDED, however, that Board investigators will recognize and take into account any unusual costs, capital improvements and major repairs to the property (which should be substantiated by the owner), and extraordinary increases (more than 50%) in assessments;

PROVIDED, further, that the landlord may apportion increased real estate taxes in an equitable manner;

PROVIDED, further, that when a landlord converts utilities to a sub-metered or individually metered system, the amounts of monthly rents, plus annualized utility costs, shall remain within these guidelines.

BE IT FURTHER RESOLVED, that the Landlord-Tenant Relations Board will report to City Council on the adequacy of the above guidelines in 2009.

49. Consideration of a Resolution and the Preserve America Grant Application to the National Park Service to Enhance Interpretive and Educational Programs of the Office of Historic Alexandria. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandums dated June 19, 2008, are on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 49; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council: 1. authorized the City Manager to submit the grant application (due June 30) requesting $228,368 in preserve America federal grant funds; 2. Council adopted the resolution; and 3. authorized the city manager to execute all necessary documents that may be required. 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. 2288

WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; and

WHEREAS, the goals of this initiative include a greater shared knowledge about our Nation’s past, strengthened regional identities and local pride, increased local participation in preserving the country’s irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; and

WHEREAS, this initiative is compatible with the City of Alexandria’s interests and goals related to historic preservation; and

WHEREAS, the City of Alexandria has received designation as a Preserve America Community in order to improve our City’s ability to protect and promote its historical resources; and

WHEREAS, The Office of Historic Alexandria is interested in promoting the Interpretation of Historic Alexandria project in an effort to promote the cultural and historical assets of the City of Alexandria;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Alexandria hereby supports the grant application for Preserve America funds to assist the completion of the Interpretation of Historic Alexandria project.

BE IT FURTHER RESOLVED, that the City Council of the City of Alexandria will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs.

50. Consideration of Transfer Resolution for the FY 2008 General Fund Operating Budget. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandums dated June 19, 2008, are on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 50; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilman Krupicka and carried unanimously by roll-call vote, City Council adopted the resolution which transfers $2,573,000 in budgeted funds to eight departmental accounts from fifteen departmental accounts. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2289

WHEREAS, certain appropriation accounts of the City of Alexandria, Virginia will be overexpended due to budgeting practices and unanticipated expenditures; and

WHEREAS, it is the desire of the City Council to take the action necessary to transfer budget authority among City departments to adjust these accounts;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

That the Director of Finance be and hereby is authorized to make the following appropriations transfers between the General Fund accounts designated:

TRANSFER APPROPRIATIONS FROM:

Transit Subsidies $1,268,000
Police 250,000
Non-Departmental 200,000
Health 100,000
Library 150,000
City Manager’s Office 125,000
Court Service Unit 90,000
Finance 75,000
Office On Women 50,000
Information Technology Services 50,000
Personnel 50,000
Management and Budget 60,000
Clerk of Courts 40,000
Other Public Safety and Justice Services 50,000
Office of Communications 15,000
TOTAL: $2,573,000

TRANSFER APPROPRIATIONS TO:

General Services $1,060,000
Human Services 525,000
Planning and Zoning 400,000
Fire 300,000
City Attorney 165,000
Real Estate 90,000
General District Court 18,000
Registrar of Voters 15,000

TOTAL: $2,573,000

51. Consideration of a Resolution on the Financing Plan For Disposing of Old Rail Cars and Financing New Rail Cars for the Virginia Railway Express (VRE.) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 51; 6/24/08, and is incorporated as part of this record by reference.)

Councilman Wilson noted that due to a potential conflict with his employer, he would recuse himself from this item and discussion, and he stepped down from the dais.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council adopted the resolution to authorize the sale, purchase and financing of Virginia Railway Express rail cars. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2290

WHEREAS, the Northern Virginia Transportation District Commission (“NVTC”) and the Potomac and Rappahannock Transportation District Commission (“PRTC”), and together with NVTC, the “Commissions”, jointly operate the Virginia Railway Express (the “VRE”) commuter rail service in Northern Virginia pursuant to the Master Agreement dated as of October 3, 1989 as amended (the “Master Agreement”) among the Commissions and the participating and Contributing Jurisdictions described in such Master Agreement; and

WHEREAS, VRE has been presented with a unique market opportunity to sell the Kawasaki fleet; and

WHEREAS, such a sale could standardize VRE’s railcar fleet and reduce overall railcar maintenance costs; and

WHEREAS, the requirements for VRE’s fleet size can be sustained through the acquisition of ten more Gallery style cars to replace the Kawasaki cars; and

WHEREAS, through competitive advertising and solicitation, buyers and sellers have been identified and two separate, but linked transactions are being recommended by VRE staff; and

WHEREAS, the City of Alexandria, Virginia, is a Contributing Jurisdiction under the terms of the Master Agreement and has a fixed annual contribution to the VRE and therefore the proposed new debt issuance by VRE would have no fiscal impact on the City; and

WHEREAS, the Master Agreement provides that VRE shall utilize reasonable debt financing to the extent that such financing is advantageous and is in the interest of the parties to the Master Agreement, but requires that VRE not assume debt without the consent of all Participating and Contributing Jurisdictions; and

WHEREAS, the VRE Operations Board recommended that the Commissions authorize the VRE Chief Executive Officer to execute a sales agreement for the sale of thirteen Kawasaki railcars and associated spare parts to the Maryland Department of Transportation for $22 million and their assumption of the remaining federal interest; and

WHEREAS the VRE Operations Board recommended that the Commissions authorize the VRE Chief Executive Officer to purchase ten new Gallery railcars from Sumitomo Corporation of America for $22 million, plus a contingency of $660,000, for a total amount not to exceed $22,660,000; and

WHEREAS, the VRE Operations Board recommended that subject to approval by all VRE Master Agreement signatory member jurisdictions, the Commissions authorize an increase to the Federal Railway Administration (FRA) loan in an amount not to exceed $17,350,000, with a term not to exceed 25 years, an interest rate of 4.74%, and a credit risk premium of 1.88%.

NOW, THEREFORE, BE IT RESOLVED THAT, the City of Alexandria, Virginia, consents that the VRE Chief Executive Office negotiate, complete, execute and deliver documents required to defease the 1997 Kawasaki bonds and pay any associated financing cost to a related payee; and

BE IT FURTHER RESOLVED THAT, the City of Alexandria, Virginia consents, in accordance with the terms of the Master Agreement, in the incurrence of the FRA loan by NVTC, to finance the costs associated with the purchase of ten “Gallery” style cars; and

BE IT FURTHER RESOLVED THAT, if required by the FRA as a condition to the making of the FRA loan, the City further consents to the Commissions’ granting to the FRA of security interests in the railcars and/or the Commissions rights to payment under the master Agreement; and

BE IT FURTHER RESOLVED THAT, the appropriate officers of the City are authorized to execute and deliver such agreements, instruments, and certificates as may be necessary to accomplish this foregoing.

Councilman Wilson returned to the dais.

51.1 Consideration of a Resolution Amending the Effective Date of Certain Youth Sports Fees Approved By Council on May 13, 2008 from July 1, 2008 to January 1, 2009. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 23, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 51.1; 6/24/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council adopted the resolution to amend the effective date of an increase in youth sports program participation fees and the creation of a youth sports field use fee from July 1, 2008 to January 1, 2009. 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. 2291

WHEREAS, the City Council adopted Resolution No. 2276 on May 13, 2008, and that resolution increased Youth Sports Program Participation Fee from $20 to $25 and created a new Youth Sports Field Use Fee of $5 (per person/per season/per sport); and

WHEREAS, the imposition of these two fees on July 1, 2008, as specified in Resolution No. 2276 may cause unnecessary administrative burdens on some youth sports programs; and

WHEREAS, the fiscal impact of a delay in the imposition of these new fees will not have a significant budget impact;

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alexandria, Virginia, that the Youth Sports shall be updated beginning 6 months later than specified in Resolution No. 2276, changing the implementation date from July 1, 2008 to January 1, 2009, as follows:

Section (a) Youth Sports Program Participation Fees are hereby established at $25.

Section (b) Youth Sports Field Use Fee is hereby established at $5 per participant, per person/season/sport.

OTHER

52. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated June 20, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 52; 6/24/08, 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 a special meeting of Council on the Mirant discussions at 6:30 p.m. on Tuesday, July 1 in the Council Chamber. There will be an executive session as part of the special meeting; 2. scheduled a work session on Base Relocation and Closure (BRAC) issues at 5:30 p.m. before the Tuesday, September 23 legislative meeting; 3. scheduled a work session on Council's Strategic Plan at 5:30 p.m. before Council's Tuesday, October 14 legislative session in the Council work room; 4. deferred to September the discussion of whether to change the dates of the first legislative meeting and public hearing meeting in November because of a conflict with Veteran's Day and the National League of Cities conference; and 5. received the revised calendar, which includes: the Mirant Community Monitoring Group meeting at 7:30 p.m. on Monday, June 30 in Sister Cities Conference Room 1101; a reception honoring Judge Nolan Dawkins for his career as Judge in the Juvenile and Domestic Relations District Court at 5:00 p.m. to 7:00 p.m on Monday, June 30 at the Alexandria Courthouse, 520 King Street; the Historic Alexandria Museum Gala, "Making Alexandria History" at 7:00 p.m. on Saturday, September 27 at the Torpedo Factory Arts Center. The voting was as follows:

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

EXECUTIVE SESSION

53. Consideration of Convening An Executive Session Closed to the Public To Discuss the Performance Reviews of the City Manager, City Clerk and City Attorney, and Compensation Review of the Commonwealth Attorney, and to Discuss Actual and Potential Litigation.

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, at 10:24 p.m., City Council convened in Executive Session, pursuant to Section 2.2-3711(A)(1) of the Code of Virginia, for the purpose of conducting the annual performance review of the city manager, city attorney and city clerk and compensation review of the Commonwealth Attorney, and to Section 2.2-3711(A)(7) for the purpose of discussing actual and potential litigation involving the Norfolk Southern Ethanol Transloading Facility and Mirant Power Plant and the terms and conditions of a support agreement for the location of a new business or industry in the City. 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 12:43 a.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 by roll-call vote, 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. 2292

WHEREAS, the Alexandria City Council has this 24TH day of June 2008, 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.
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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 June 24, 2008, was adjourned at 12:44 a.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:

___________________________________
Jacqueline M. Henderson, CMC, City Clerk






This docket is subject to change.

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