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Regular Meeting
Tuesday, November 25, 2008 - - 7:00 p.m.

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

Absent: Member of Council K. Rob Krupicka.

Also Present: Mr. Hartmann, City Manager; Mr. Pessoa, City Attorney; Mr. Spera, Assistant City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Caton, Legislative Director; 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; Mr. Kincannon, Director, Recreation, Parks and Cultural Activities; Mr. Trobridge, Deputy Director, Information Technology; Ms. Smith-Page, Director, Real Estate Assessments; Ms. Hamer, Director, Planning and Zoning; Mr. Josephson, Deputy Director, Planning and Zoning; Ms. Triggs, Director, Finance Department; Mr. Johnson, Director, Office of Management and Budget; Mr. Baier, Director, Transportation and Environmental Quality; Mr. Lambert, Transportation and Environmental Quality; Ms. Collins, Assistant City Manager/Director, Human Services; and Mr. Lloyd.

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

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City Council held a work session at 5:30 p.m. with the State Legislative Delegation to discuss the City's Legislative Package.

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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, with the exception of Councilman Krupicka, who was absent.

2. Moment of Silence and Pledge of Allegiance.

City Council observed a moment of silence and recited the Pledge of Allegiance.

3. Reading and Acting Upon the Minutes of the Following Meeting of City Council:

(a) The Public Hearing Meeting Minutes of November 15, 2008.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council approved the public hearing meeting minutes of November 15, 2008. The voting was as follows:

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

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

None.

PROCLAMATIONS

4. Presentation of a Proclamation Declaring November 27, 2008 as Turkey Trot Day.

(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; 11/25/08, 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 absent
Gaines "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

5. Presentation of a Proclamation Declaring December 6, 2008 as the 38th Anniversary of the Campagna Center's Scottish Christmas Walk.

(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; 11/25/08, and is incorporated as part of this record by reference.)

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

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

6. Recognition of the Alexandria Citizens Academy Graduates.

City Council recognized the graduates of the Citizens Academy.

6.1 Presentation of Buy Alexandria, Our Dollars Count Initiative.

City Council heard a presentation on the Buy Alexandria campaign from Communications Director Castrilli, Alexandria Chamber of Commerce president and CEO Christine Michaels, Alexandria Economic Development Partnership Manager Christy Blake, and Alexandria Convention and Visitors Association Chair John Varghese.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (7-11)

(Resignations and Uncontested Appointments)

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

Cynthia Perry

(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); 11/25/08, and is incorporated as part of this record by reference.)

8. Uncontested Appointments to Boards, Commissions and Committees: With Disabilities
(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-e);11/25/08, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

9. Receipt of Listings of Delinquent Taxes and Authorization to Advertise the Listings and Write Off Balances Less Than Twenty Dollars.

(A copy of the City Manager's memorandum dated November 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; 11/25/08, and is incorporated as part of this record by reference.)

10. Consideration of the Monthly Financial Report for the Period Ending October 31, 2008.

(A copy of the City Manager's memorandum dated November 18, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 10; 11/25/08, and is incorporated as part of this record by reference.)

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

(A copy of the City Manager's memorandum dated November 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 11; 11/25/08, and is incorporated as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council approved the consent calendar, with the exception of docket items #10 and 11, which were considered under separate motions. The City Manager's recommendations were as follows:

7. City Council accepted the following resignation with regret: (a) Cynthia Perry, Alexandria Commission on Employment.

8. City Council made the following appointments: (a) appointed Adam Osterman as the one representative of the Alexandria Commission on Persons with Disabilities to the Alexandria Citizen Corps Council; (b) appointed Abdullah Rufus as the one citizen who has a disability to the Alexandria Commission on Persons with Disabilities; (c) appointed Karen Silberman as the one citizen member to the Alexandria Consumer Affairs Commission; (d) appointed Bonnie Baxley as the one landlord or representative of a landlord to the Alexandria Landlord-Tenant Relations Board; and (e) reappointed Frederica Dunn as the one citizen member to the Alexandria Sister Cities Committee.

9. City Council: 1. received the listings of delinquent local property taxes; 2. authorized that those parts of the delinquent real estate and personal property tax listings deemed advisable by the Director of Finance be published in a newspaper and on the City of Alexandria website; and 3. authorized the Director of Finance to write off uncollected tax balances amounting to less than twenty dollars each for which the Director of Finance has determined that the cost of collecting such balances would exceed the recoverable amount, provided that the Director of Finance will not include any balance for which she has reason to believe the taxpayer has intentionally paid less than the amount due and owed.

The voting was as follows:

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

10. Consideration of the Monthly Financial Report for the Period Ending October 31, 2008.

(A copy of the City Manager's memorandum dated November 18, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 10; 11/25/08, and is incorporated as part of this record by reference.)

Deputy City Manager Jinks made a presentation of the staff report and he, along with Management and Budget Director Johnson responded to questions of City Council.

WHEREUPON, upon motion by Councilman Wilson, seconded by Councilman Gaines and carried unanimously, City Council received the Monthly Financial Report for the period ending October 31, 2008. The voting was as follows:

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

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

(A copy of the City Manager's memorandum dated November 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 11; 11/25/08, and is incorporated as part of this record by reference.)

Deputy City Manager Jinks responded to questions of Council regarding the customer relationship management system.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council authorized the capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Expenditure Summary. The voting was as follows:

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

CONTESTED APPOINTMENTS

12. Alexandria Redevelopment and Housing Authority Board of Commissioners
2 Citizen Members

This item was deferred to January 2009.

13. Alexandria-Gyumri Sister City Committee
(The following persons volunteered for appointment to the above Commission)

NAME: ENDORSED BY:

Dean Shahinian

(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. 13; 11/25/08, 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 reappointed Dean Shahinian as the one citizen member to the Alexandria-Gyumri Sister City Committee. The voting was as follows:

Euille - Shahinian
Pepper - Shahinian
Gaines - Shahinian
Krupicka - absent
Lovain - Shahinian
Smedberg - Shahinian
Wilson - Shahinian

14. Alexandria Commission for the Arts
2 Members From the Public-at-Large Who Are Art Consumers
(The following persons volunteered for appointment to the above Commission)

NAME: ENDORSED BY:

David Livingston
Eileen O'Brien
Margaret Wohler

(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. 14; 11/25/08, 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 Eileen O'Brien and Margaret Wohler as the two members from the public-at-large who are art consumers and participants to the Alexandria Commission for the Arts. The voting was as follows:

Euille - O'Brien, Wohler
Pepper - O'Brien, Wohler
Gaines - O'Brien, Wohler
Krupicka - absent
Lovain - O'Brien, Wohler
Smedberg - O'Brien, Wohler
Wilson - O'Brien, Wohler

15. Alexandria Commission on Aging
(The following persons volunteered for appointment to the above Commission)

NAME: ENDORSED BY:

Klara Guyton
Paula Simmons

(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. 15; 11/25/08, 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 Klara Guyton as the one citizen member who is 60 years of age or older to the Alexandria Commission on Aging. The voting was as follows:

Euille - Guyton
Pepper - Guyton
Gaines - Guyton
Krupicka - absent
Lovain - Guyton
Smedberg - Guyton
Wilson - Guyton

16. Alexandria Commission on Information Technology
1 Citizen-at-Large

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

NAME: ENDORSED BY:

Phillip Acosta
Daniel Businger
Pamela Corsini
David Paolicelli
Alan Shark

(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. 16; 11/25/08, 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 Phillip Acosta as the one citizen at large to the Alexandria Commission on Information Technology. The voting was as follows:

Euille - Acosta
Pepper - Acosta
Gaines - Acosta
Krupicka - absent
Lovain - Acosta
Smedberg - Acosta
Wilson - Acosta

17. Alexandria Consumer Affairs Commission
(The following persons volunteered for appointment to the above Commission)

NAME: ENDORSED BY:

Sonya Sacks

(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. 17; 11/25/08, 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 reappointed Sonya Sacks as the one citizen member to the Alexandria Consumer Affairs Commission. The voting was as follows:

Euille - Sacks
Pepper - Sacks
Gaines - Sacks
Krupicka - absent
Lovain - Sacks
Smedberg - Sacks
Wilson - Sacks

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

18. Consideration of Adoption of the City Legislative Package For the 2009 General Assembly Session. (#7, 10/28/08 and #5, 11/15/08)

(A copy of the City Manager's memorandums dated October 22 and November 22, 2008, are on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 18; 11/25/08, and are incorporated as part of this record by reference.)

Legislative Director Caton made a presentation of the City's legislative package and responded to questions of City Council.

Vice Mayor Pepper said she wished to remove the item under the City Charter on terms limits on members of boards and commissions, as she didn't see a great outcry for it and the present policy is tactful and more graceful.

A MOTION WAS MADE by Vice Mayor Pepper and seconded by Councilman Gaines, to divide the question to pull the Charter request on term limits on boards and commissions item out, which failed by a vote of 2-4. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Gaines, seconded by Councilman Smedberg and carried unanimously, City Council: 1. adopted items 1.A and 1.B, 2.A through 2.C, and 3.A through 3.C, 4.A through 4.R, and 5.A through 5.C as positions in the City's legislative package for the 2009 General Assembly Session; and 2. determined that it wished to seek City Charter amendments in the 2009 Session, as agreed to in the Work Session prior to the meeting. (The amendments agreed to in the Work Session would authorize City Council to: a. to authorize City Council to set limits on the terms of members it appoints to City boards, committees, authorities, councils, task forces, work groups and commissions; b. to require that applicants for land use or land development approvals before the City Council, Planning Commission, Boards of Architectural Review, and Board of Zoning Appeals disclose all investors in the proposed land use or land development approval prior to the hearing by the applicable body; and c. to require that applicants for land use or land development approvals before the City Council, Planning Commission, Boards of Architectural Review, and Board of Zoning Appeals disclose any current or previous (within 12 months) financial interest (including campaign contributions if so requested in the proposed Charter Bill) involving the applicants, agents and/or investors, with any of the individual members of the applicable body.) The voting was as follows:

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

Vice Mayor Pepper noted her objection to the Charter amendment on term limits for boards and commissions.

19. Consideration of the following Charter Amendments: 1. An amendment to authorize City Council to set limits on the terms of members it appoints to City boards, committees, authorities, councils, task forces, work groups and commissions; 2. An amendment to require that applicants for land use or land development approvals before the City Council, Planning Commission, Boards of Architectural Review, and Board of Zoning Appeals disclose all investors in the proposed land use or land development approval prior to the hearing by the applicable body; 3. An amendment to require that applicants for land use or land development approvals before the City Council, Planning Commission, Boards of Architectural Review, and Board of Zoning Appeals disclose any current or previous (within 12 months) financial interest (including campaign contributions if so requested in the proposed Charter Bill) involving the applicants, agents and/or investors, with any of the individual members of the applicable body; and 4. An amendment to allow Council to prohibit current or previous (within 12 months) campaign contributions from applicants, agents and/or investors involved in land use or land development approvals before the City Council. (#6, 11/15/08)

(A copy of the City Manager's memorandum dated November 10, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 19; 11/25/08, and is incorporated as part of this record by reference.)

This item was adopted with item #18 above.

20. Receipt of the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2008.

(A copy of the City Manager's memorandum dated November 18, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 20; 11/25/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Wilson, seconded by Vice Mayor Pepper and carried unanimously, City Council received the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2008. The voting was as follows:

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

21. Update on the Work of the Motorcoach Task Force. (verbal report)

Director of Transportation and Environmental Services Baier and Bicycle and Pedestrian Coordinator Lambert made a report on the work of the Motorcoach Task Force and responded to questions of City Council.

City Council received the report of the motorcoach task force.

22. Consideration of a Report on Proposed Changes in Delinquent Tax Collection Methods.

(A copy of the City Manager's memorandum dated November 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; 11/25/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilman Wilson and carried unanimously, City Council received the report and scheduled it for action on Tuesday, December 9, 2008. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

(a) Vice Mayor Pepper said she and Councilman Gaines co-chair the Norfolk Southern Monitoring Group and very late this afternoon they received a notice that there was a judgement filing, and she asked Assistant City Attorney Spera to give a report on what it is about.

Assistant City Attorney Spera made a presentation of the schedule of the Federal Court Litigation between the City and Norfolk Southern and RSI.

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

None.

ORAL REPORT FROM THE CITY MANAGER

None.

ORDINANCES AND RESOLUTIONS

23. Consideration of Resolution Establishing the Fiscal Year 2010 Budget Targets for the Alexandria City Government and the Alexandria Public Schools [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 21, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 23; 11/25/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Wilson, seconded by Councilman Gaines and carried unanimously by roll-call vote, City Council adopted a resolution establishing the Fiscal Year 2010 Budget Targets for the Alexandria City Government and the Alexandria Public Schools. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2303
WHEREAS, the City Council of Alexandria passed Resolution 2256 on November 27, 2007, that established the process to be used for formulating the budget during the remaining term of this Council and requires that City Council set budget guidance for the City Manager and the School Board for the FY 2010 budget; and

WHEREAS, the City Council held a public hearing on the FY 2010 budget on October 30, 2008; and

WHEREAS, the City Manager and the Alexandria City Public Schools presented to City Council at its October 25, 2008, retreat their preliminary forecasts of revenues, expenditures and capital needs; and

WHEREAS, the City Council’s deliberations on the budget each and every year reflect a balancing of the needs of the community, with the community’s ability to afford services to meet those needs; and

WHEREAS, the City Council is committed to continuously improving City government effectiveness and efficiency, and expects the City Manager and City staff to focus on managing for results; and

WHEREAS, sufficient time for the budget process is necessary for the City Council and the community to deliberate on the various issues raised given the budget’s complexity and importance; and

WHEREAS, the City Council is committed to continue performing fully its obligations to provide the core services expected of a municipal government and to continue to provide quality services and facilities for the residents and businesses of Alexandria; and

WHEREAS, the FY 2010 Budget process presents the City Council and City government with a unique set of unprecedented challenges amid the most stringent economic environment in the past thirty years; and

WHEREAS, this places demands on the City’s ability to deliver services, maintain and expand its infrastructure as well as meeting the expectations of City residents; and

WHEREAS, the City cannot tax our way out of this problem, but by the same token, the City cannot cut its way out of it either, and

WHEREAS, the City Manager’s initial round of $10.5 million of service cuts and efficiency measures have begun the process of adjusting City expenditures for the FY 2010 revenue that we are currently forecasting; and

WHEREAS, with a gap of at least $35 million (assuming replication of nearly all of FY 2009 cuts into FY 2010) in FY 2010, coupled with our existing Capital Improvement Program funding needs, significant intergovernmental revenue cuts (state and Federal), and further revenue deterioration in FY 2009, the City faces difficult decisions; and

WHEREAS, City Council fully expects that there will be substantial service reductions in the proposed budget; and

WHEREAS, City Council furthermore recognizes that this proposed budget will likely contain significant reductions in the City workforce; and

WHEREAS, City Council recognizes that the situation requires an approach to this effort that reflects full clarity, aggressive communication and above-all, compassion.

NOW, THEREFORE, BE IT RESOVED BY THE CITY COUNCIL OF ALEXANDRIA:

1. Real Property Tax Rate: That the City Manager shall submit a proposed FY 2010 Operating Budget and Capital Improvement Program to the City Council no later than February 10, 2009, that contains a proposed real estate tax rate that will be based on the average homeowner paying the same amount of real estate in 2009 as paid in 2008.

2. Alternative Revenue and Efficiency Options: That the City Manager shall endeavor to produce a budget that considers other taxes, fines, fees and charges, as well as reductions in programs and activities through efficiencies and reduced service levels, in order to balance the budget as required by section 6.05 of the City Code. The Council encourages the City Manager and City Staff to identify new and creative revenue sources and to make any such proposals to the Council that are deemed appropriate.

3. Alternative Capital Improvement Program: To the extent that the City Manager deems additional capital expenditures in excess of those included in the proposed budget within the guidance provided by section 1 of this resolution, the City Manager shall provide an alternative CIP budget option for the Council and community to consider that allows for an additional one cent on the Real Estate Tax Rate fully allocated to capital improvement projects.

4. Schools Transfer: That the School Board of the Alexandria City Public Schools is requested to approve a FY 2010 Operating Budget and Capital Improvement Program by no later than February 10, 2009.
5. Guidance for the Preparation of the Capital Improvement Program (CIP):
The budgeting of no new CIP (City & Schools) spending aside from those expenditures meeting the following exceptions:
6. Clear Priorities for Community and Council Evaluation: That the budget documents of both the City Manager and the School Board shall clearly describe what operating programs and activities and capital projects could be funded within the budget guidance and what operating programs and activities and capital projects and other policy options may exceed the budget guidance and, to the extent possible, what the impact would be on the performance of those programs (the results) that are proposed either for possible expansion or reduction.

7. Market Rate Adjustment Salary Increases in Budget Proposal: That the City Manager and the School Board shall assume on a preliminary basis that no minimum market rate adjustment is included in the guidance established in the sections above.
8. Credit Rating: The City Manager’s proposed budget shall not make any material changes that may threaten the City’s AAA/aaa bond rating.

9. Additional Guidance:
10. Additional FY 2009 Budget Reductions: The City Manager shall evaluate which of the FY 2010 cuts could be implemented prior to the end of FY 2009 and shall be prepared, with the release of the City Manager’s proposed budget, to implement an additional $2 million of sustainable (able to be carried forward in FY 2010) cuts to the approved FY 2009 Operating Budget. These cuts shall be identified as part of the budget presentation in February.

11. Inconsistencies with Resolution 2256: Where any inconsistencies exist between the provisions of this Resolution and Resolution 2256, the provisions of this Resolution shall prevail.

24. Consideration of a Resolution Extending the Corporate Existence of the Alexandria Sanitation Authority to 2050. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 19, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 24; 11/25/08, and is incorporated as part of this record by reference.)

Clerk of the Circuit Court Semonian and Deputy City Manager Jinks responded to questions of City Council regarding extending the Authority to 2050.

WHEREUPON, upon motion by Councilman Wilson, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council adopted a resolution extending the corporate existence of the Alexandria Sanitation Authority to 2050. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2304

WHEREAS, on December 20, 1952, the Council of the City of Alexandria, Virginia (the “Council’) created the City of Alexandria, Virginia Sanitation Authority, under the Virginia Water and Sewer Authorities Act (the “Act”); and

WHEREAS, as permitted by the Act, the Authority’s term of corporate existence as initially created by the Council was for 50 years; and

WHEREAS, the Authority’s term of corporate existence was extended for an additional 50 years until September 1, 2034, by action of the Council at a meeting duly called and held on September 15, 1984; and

WHEREAS, the Authority typically issues its revenue bonds with terms up to 30 years and expects to issue such bonds again in the near future; accordingly, it is deemed advisable to extend the corporate existence of the Authority once again, to ensure that the Authority’s term of corporate existence is greater than the term of its revenue bonds;

NOW, THEREFORE, IT IS RESOLVED BY THE COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA:


25. Introduction and First Reading. Consideration. Passage on First Reading and Second Reading of an Emergency Ordinance to Establish a Pilot Program For the Administrative Approval of Temporary Signs For Businesses in the Central Business District. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 20, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 25; 11/25/08, 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. 25; 11/25/08, 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. 25; 11/25/08, and is incorporated as part of this record by reference.)

Planning Director Hamer made a presentation of the staff report and responded to questions of City Council and she noted substitute language about "potential future sign changes" in the staff report.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council adopted the emergency ordinance to establish a pilot program for the administrative approval of temporary signs for businesses in the Central Business District. The voting was as follows:

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

The ordinance reads as follows:

ORDINANCE NO. 4566

AN EMERGENCY ORDINANCE to establish a pilot program to authorize portable signs in the public right-of-way for businesses in the Central Business District, with administrative approval.

1. There is an economic downturn that is affecting all businesses in the City of Alexandria and in the Central Business District, and there is a particular hardship being experienced by restaurants, retail merchants, and small businesses;

2. Many such businesses within the Central Business District, on blockfaces close to but not on King Street, are small businesses which contribute to the unique character of Old Town, and are particularly vulnerable to the current economic downturn, and the loss of such businesses would cause irreparable harm to the character and economic viability of Old Town and the City;

3. Adoption of this emergency ordinance is necessary and desirable to aid such businesses by increasing their visibility to visitors and customers during the upcoming holiday season, upon which such business substantially rely for their annual revenue; to secure the appropriate balance between competing uses in and along the public right-of-way, and to preserve the health, safety and general welfare of the residents of the City, and

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

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That temporary portable signs shall be permitted to encroach into the public sidewalk right-of-way along King Street, within the Central Business District as defined in Section 8-300 of the Zoning Ordinance, until March 15, 2009; provided that such permission shall be subject to the provisions set forth below.

Section 2. That no such encroachment shall be permitted unless and until an application therefor, which shall include a plan reasonably depicting the location, size, text, appearance and method of installation of the proposed sign to be located on the public right of way, and such additional information as the Director of Planning and Zoning may reasonably require, has been approved by the Director of Planning and Zoning, after determining that the proposed encroachment will be reasonable, attractive and promote pedestrian and retail vitality in the Central Business District, and that there is adequate space remaining within the public right-of-way to facilitate safe circulation of pedestrian traffic. No material change to the approved plan shall be made without prior written approval by the Director.

Section 3. That any such encroachment shall be subject to the following terms and conditions:
(D) Signs may not exceed 42 inches in height and a width of 30 inches. Illuminated signs are prohibited.

(F) All signs, including installation materials, placed in the right-of-way shall be temporary and shall be readily removable without any damage to the surface of the right-of-way.

(G) Signs shall comply with all applicable city, state and federal laws and regulations.
Section 4. That this ordinance shall preempt any contrary provision of law, general or special.

Section 5. That this ordinance shall become effective on the date and at the time of its final passage, and shall apply to all such applications which may be filed after such date; provided, however, that this emergency ordinance shall expire on March 15, 2009.

OTHER

26. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated November 21, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 26; 11/25/08, and is incorporated as part of this record by reference.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Wilson and carried unanimously, City Council: 1. noted that a short presentation on the HOT Lanes project would be scheduled as part of Council's work session before its Tuesday, December 9 legislative meeting; and 2. received the revised calendar which includes: the executive session to interview applicants for the Alexandria Redevelopment and Housing Authority following Council's Saturday, December 13 public hearing meeting; a community meeting sponsored by the Department of the Army and Duke Realty to present information about the relocation of the Department of Defense's Washington Headquarters Services at the Alexandria Mark Center on Thursday, December 4, at 7:00 p.m. at the William Ramsay Elementary School, 5700 Sanger Avenue; and a work session on Potomac Yard retail and HOT Lanes presentation at 5:30 p.m. before Council's Tuesday, December 9 legislative meeting. The voting was as follows:

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

EXECUTIVE SESSION

27. Consideration of Convening An Executive Session Closed to the Public For Consultation with Legal Counsel by Staff with Respect to Specific Personnel and Legal Matters.

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, at 9:30 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 discussing the appointment of the new city attorney, and to Section 2.2-3711(A)(7) for the purpose of discussing actual litigation involving the Robinson Terminal properties on the waterfront; and potential litigation involving the dedication of the new Monroe Avenue Bridge and the realignment of the 230 KV power line along Route 1. The voting was as follows:

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

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, at 10:26 p.m., City Council reconvened the meeting. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2305

WHEREAS, the Alexandria City Council has this 25th day of November 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 November 25, 2008, was adjourned at 10:27 p.m. The voting was as follows:

Lovain "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka absent
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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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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