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Public Hearing Meeting
Saturday, June 16, 2012 - - 9:30 a.m.

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

Absent: None.

Also Present: Mr. Young, City Manager; Mr. Spera, Deputy City Attorney; Mr. Johnson, Chief of Staff, City Manager's Office; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Gates, Assistant City Manager; Mr. Mason, Human Resources; Police Captain Ogden; Ms. Taylor, Assistant Director, Office of Management and Budget; Ms. Triggs, Acting Chief Financial Officer; Ms. Hamer, Director, Planning and Zoning; Ms. Ross, Planning and Zoning; Ms. Wright, Division Chief, Planning and Zoning; Ms. Wilgar, Planning and Zoning; Ms. Escher, Planning and Zoning, Mr. Wagner, Planning and Zoning; Ms. North, Planning and Zoning; Mr. Randall, Planning and Zoning; Mr. Frederick, Office of Housing; Mr. Catlett, Director, Office of Code Administration; Ms. Harris, Communications Officer, Office of Communications; Mr. Baier, Director, Transportation and Environmental Services; Mr. Lerner, Deputy Director, Transportation and Environmental Services; Mr. Melkerson, Transportation and Environmental Services; Mr. Sindiong, Transportation and Environmental Services; Mr. Maslanka, Transportation and Environmental Services; Ms. Boyd, City Manager's Office; Ms. Wilson, Animal Control Director; Ms. Bryan, ITS; and Mr. Lloyd.

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

OPENING

1. Calling the Roll.

Mayor Euille called the meeting to order and the City Clerk called the roll. All the members of Council were present.

2. Public Discussion Period.

(1) Van Van Fleet, 26 Wolfe Street, spoke of the Beachcomber Restaurant opposite Chadwicks, noting that when he was president of Old Town Civic Association in 2006, they thought adaptive reuse of the building was the right way to go. He said the building has been languishing there for the past six years and now it has become the model for demolition by neglect. He said he understands the City has been coming up with an RFP for the building to lease it out as a restaurant, and he cautioned that there are other uses of that building, such as office use. By leasing the building, they will not get the full value, so the building should be sold and put the money back in the open space fund.

Staff was asked to report to the City Manager and to Council on the comments and suggestions that were made during the recent waterfront walk, for staff to provide an update on the status of the Beachcomber, and what the staff's thinking is right now on the building to have a discussion on whether it wants to be the landlord or whether they want to sell it outright.

(2) Bill Hendrickson, 304 E. Sprig Street, said that three years ago, Council approved the urban forestry master plan, a plan to increase tree planting and care in the City. Unfortunately, Council has failed to take any concrete actions to implement the plan, and it is disappointing. He said the tree canopy has declined significantly over the past decade or so, tree planting and care is one of the cheapest and most effective means of improving public health and the environment, and the City does not appear at this time to consider trees as an investment. The City needs to change its mindset and think of tree planting and care as an investment that more than pays for itself and needs to direct the Recreation, Parks and Cultural Activities to take it seriously and develop a practical plan for change.

Mayor Euille invited Mr. Hendrickson to attend a Mayor/Manager meeting with staff to talk about the issue.

(3) Poul Hertel, 1217 Michigan Court, said on the Beachcomber, he would urge Council to not just throw it away immediately, as it is an opportunity to incorporate it into a holistic waterfront park experience in the waterfront plan. Mr. Hertel said on trees, he couldn't agree more, especially in light of the experiences Council approved the cutting down of 100 mature trees on James Bland property and the same day it adopted the tree plan. Mr. Hertel said he hoped they could turn a corner and have a more thoughtful dialogue between the City and citizens, especially in view of a pattern, which he demonstrated last month. He said the same thing happened with the Potomac Yard Metro EIS deliberations. He asked for it to be advertised and it never was. He said he has yet to receive an apology from the City staff regarding last months activity.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR
Planning Commission

3. SPECIAL USE PERMIT #2011-0068


(A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 6/16/12, and is incorporated as part of this record by reference.)

4. SPECIAL USE PERMIT #2012-0024
20 Dove Street and 2438 Duke Street - Dogtopia of Alexandria
Public Hearing and Consideration of a request to operate a dog day care facility with overnight boarding; zoned OCM-50/Office Commercial Medium (50). Applicant: Josie’s Dog House, LLC DBA Dogtopia of Alexandria

(A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/16/12, and is incorporated as part of this record by reference.)

5. SPECIAL USE PERMIT #2012-0029 (A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/16/12, and is incorporated as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper, City Council approved the action consent calendar, with the removal of item #5, which was considered under separate motion. The approval was as follows:

3. City Council approved the Planning Commission recommendation.

4. City Council approved the Planning Commission recommendation.

The voting was as follows:

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

5. SPECIAL USE PERMIT #2012-0029
(A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/16/12, and is incorporated as part of this record by reference.)

Mr. Randall, Planning and Zoning, made a presentation of the report.

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

1. Robert Hardiman, 1106 Roundhouse Lane, spoke of the times for dropping off and picking up children, and the intensification of child care facilities in the area.

2. Ulka Shriver, 119 N. Henry Street, attorney for Bluebird of Virginia, responded to the parking and drop-off and pick up of children and egress into and out of the property and she responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation, with the following amendments: condition #9 to read: the applicant shall provide adequate drop off and pick up facilities so as to create minimal impact on pedestrian and vehicular traffic, specifically, drop off and pick up shall occur in the parking lot associated with the facility; drop off and pick up shall not occur on the public rights-of-way; and to amend condition #14 to bring this back for review six months after the facility opens to look at the parking issue. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

6. Public Hearing and Consideration of the Route 1 Corridor Streetcar Conversion Project With Arlington County Through a Segmented Studies and Implementation Process.

Mr. Jinks, Deputy City Manager, made a presentation of the report and responded to questions of City Council, and he and Mr. Baier, Director, Transportation and Environmental Services, responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Krupicka and carried 6-1, City Council closed the public hearing and: 1. approved a continuation of the joint Route 1 corridor streetcar conversion project with Arlington County as a two-segment project; and 2. authorized the City Manager to sign an amended Project Coordination Agreement. The voting was as follows:

Donley "aye" Fannon "aye"
Krupicka "aye" Hughes "no"
Euille "aye" Pepper "aye"
Smedberg "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

7. SPECIAL USE PERMIT #2011-0087
2216 & 2218 Mount Vernon Avenue (Parcel Address: 2216 Mount Vernon Avenue) - Del Ray Pizzeria
Public Hearing and Consideration of a request for amendments to allow increased seating and a parking reduction; zoned CL/Commercial Low. Applicant: Del Ray Pizzeria, LLC by Duncan Blair
PLANNING COMMISSION ACTION: Recommend Approval 5-0 w/amendments

(A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/16/12, and is incorporated as part of this record by reference.)

Mr. Randall, Planning and Zoning, made a presentation of the report.

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

1. Duncan Blair, 524 King Street, attorney for Del Ray Pizzeria, spoke in support of the request and asked to allow additional seats on the second floor via a reservation system for parties only, with the kitchen catering the event, and to have a limitation of 100 times a year, mostly on weekends and it would not be used ever for overflow dining. As part of the reservation system, those people would receive 10 vouchers to park in the parking lot at 2401 Mt. Vernon Avenue for free.

2. Erik Dorn, 1200 Chadwick Avenue, one of the owners of Del Ray Pizzeria, apologized for the violations and assured Council that they have steps in place to ensure there will be no other violations.

3. David Fromm, 2307 E. Randolph Avenue, speaking for the Del Ray Citizens Association, said they should have bicycle racks and they ask that temporary signage not encroach into the public right-of-way.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Smedberg and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation, with the following amendment: add a new condition to read: use of the room on the second floor and the associated 30 seats shall be: a. by reservation only; b. accompanied by ten off-street parking vouchers; and c. shall at no time by used for overflow seating associated with the normal operation of the restaurant. The voting was as follows:

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

8. SPECIAL USE PERMIT #2012-0025
1220, 1240, 1250 North Pitt Street – Teeter Toddlers
Public Hearing and Consideration of a request to operate an amusement enterprise; OC/Office Commercial. Applicant: Elaine E. Gordon DBA Teeter Toddler's Playgroup, LLC.

(A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/16/12, and is incorporated as part of this record by reference.)

Mr. Randall, Planning and Zoning, made a presentation of the report.

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

1. Roscoe Chambers, 1000 Brightseat, representing Teeter Toddler's, responded to questions of City Council regarding the operation.

2. Elaine Gordon, CEO/owner, Teeter Toddlers Playgroup, responded to questions of City Council.

3. Jonathan Sheiner, 510 Bellvue Place, on behalf of the Pitt Street Station homeowners, spoke in opposition to the request.

4. Elizabeth Chimento, 1200 N. Pitt Street, spoke in opposition to the request.

WHEREUPON, a motion was made by Councilman Smedberg, and seconded by Councilwoman Hughes, that City Council closed the public hearing and approved the Planning Commission recommendation.

Councilman Krupicka amended the motion to read: a new condition #20 that stipulates that the children participating in the program shall be accompanied by either a parent or a caregiver and there be a ratio of two children per one adult/caregiver.

Vice Mayor Donley amended the motion to read: amend condition #17 to add the following sentence: The applicant shall position a staff member at the entrance to Bellvue Place 30 minutes prior to each play session to ensure that vehicular use by staff and patrons does not occur.

Councilman Krupicka asked to add to condition #17 that staff may work with the applicant to adjust the condition provided any adjustments maintaining the protection of Bellvue Place and are done with notice to the neighboring residents.

Vice Mayor Donley accepted the addition to the amendment.

Both amendments were acceptable to the maker and seconder of the motion and becomes part of the original motion.

City staff was asked to come back to Council with an analysis of changing the hours on Pitt Street from three hour parking to two hour parking, so it can be evaluated through the proper channels.

The motion, as amended, reads as follows:

City Council closed the public hearing and approved the Planning Commission recommendation, with the following amendments: a new condition #20 that stipulates that the children participating in the program shall be accompanied by either a parent or a caregiver and there be a ratio of two children per one adult/caregiver; amend condition #17 to add the following sentence: The applicant shall position a staff member at the entrance to Bellvue Place 30 minutes prior to each play session to ensure that vehicular use by staff and patrons does not occur, and that staff may work with the applicant to adjust the condition provided any adjustments maintaining the protection of Bellvue Place and are done with notice to the neighboring residents.

The voting on the motion, as amended, was as follows:

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

9. SPECIAL USE PERMIT #2012-0026
2 East Walnut Street - Grape + Bean
Public Hearing and Consideration of a request to operate a restaurant at an existing retail establishment and a request for a parking reduction; zoned CL/Commercial Low. Applicant: SRDG INC.
(A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/16/12, and is incorporated as part of this record by reference.)

Ms. Ross, Deputy Director, Planning and Zoning, made a presentation of the report.

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

1. Shrinath Malur, 421 Commonwealth Avenue, said he had concern about the noise/noise mitigation from the outside seats and parking issue, and he asked to change the review procedure to a one year review and two additional reviews annually.

2. Mary Ruth Calhoun, 4 E. Walnut Street, spoke in opposition to the request.

3. David Gwafney, owner, Grape + Bean, in response to questions from Council, said he would have between 3 to 8 employees throughout the day.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Donley and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation, with the following amendment: to change condition #20 for a one year review (going back to the staff recommendation.) The voting was as follows:

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

10. SPECIAL USE PERMIT #2012-0027
1024 and 1026 King Street - Hank's Oyster Bar
Public Hearing and Consideration of request to expand an existing restaurant; zoned KR/King Street Urban Retail. Applicant: Hank’s Oyster Bar Old Town, LLC by David Chamowitz, attorney
(A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/16/12, and is incorporated as part of this record by reference.)

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

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

11. SPECIAL USE PERMIT #2012-0030
501 East Monroe Avenue - Wholesale Business
Public Hearing and Consideration of a request to operate a wholesale coffee roasting business and a request for a parking reduction; zoned CSL/Commercial Service Low. Applicant: M.E. Swing Company, Inc. PLANNING COMMISSION ACTION: Recommend Approval 5-0 w/amendments

(A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/16/12, and is incorporated as part of this record by reference.)

Mr. Randall, Planning and Zoning, made a presentation of the report.

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

1. David Chamowitz, 307 N. Washington Street, attorney representing the applicant, spoke in support of the request and responded to questions of City Council.

2. David Fromm, 2307 E. Randolph Avenue, representing the Del Ray Citizens Association, asked that when they give a parking reduction, there should be a requirement for bicycle racks. He also spoke to the shared parking with the YMCA.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Donley and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation, with the following amendment: add a new condition #17 to read, "The applicant shall supply bike racks."

City staff was asked to do an analysis of whether it can add on-street parking on Monroe Avenue in the section where the Giant is.

The voting was as follows:

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

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City Council took a break at this time - from 12:50 to 1:10 p.m.

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12. MASTER PLAN AMENDMENT #2012-0002
REZONING #2012-0001
DEVELOPMENT SPECIAL USE PERMIT #2011-0007
100 South Pickett Street – The Delaney
Public Hearing and Consideration of requests for: A) an amendment to the Landmark – Van Dorn Small Area Plan to change the zoning from CG to CRMU-M and to change the height map to permit a building height of 77 feet; B) a rezoning from CG/Commercial General to CRMU-M/ Commercial Residential Mixed-Use (Medium) with proffers to the development plan and to provide 23 on-site affordable housing units; C) a development special use permit, with site plan, to construct a mixed-use building with residential and retail with surface and garage parking, including a special use permit approval to increase FAR to 2.0 for a mixed-use building in the CRMU-M zone; zoned CG/ Commercial General. Applicant: CIA- Pickett Street, LLC represented by Duncan Blair, attorney
(A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/16/12, and is incorporated as part of this record by reference.)

Ms. Wilgar, Planning and Zoning, made a presentation of the report. Mr. Frederick, Office of Housing, made a presentation of the housing section of the report. Mr. Melkerson, Transportation and Environmental Services, went over the transportation section of the plan. City staff responded to questions of City Council.

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

1. Duncan Blair, 524 King Street, attorney representing CIA-Pickett Street, LLC, spoke in support of the project.

2. Joseph Federation, 100 Gretna Green Court, on behalf of the Brigadoon Homeowners Association, but speaking on his own behalf, spoke in opposition to the request.

3. Rick Basehore, 5250 Valley Forge Drive, president, board of directors, Wapleton Condominiums, spoke in opposition to the request.

4. Mindy Lyle, 5235 Tancretti Lane, spoke in support of the request.

WHEREUPON, upon motion by Councilwoman Pepper and seconded by Councilman Krupicka, City Council closed the public hearing and approved the Planning Commission recommendation, as amended, with the following amendments: an additional condition requested by City staff to read: The applicant shall provide a pedestrian crossing of South Pickett Street on the south side of the intersection of South Pickett Street and Valley Forge Drive by providing the following improvements to the satisfaction of the Director of T&ES: 1. Install pedestrian signage with rapid flash beacons on each side of South Pickett Street at the crossing location; b. install ADA accessible curb ramps serving the crossing; and c. install a thermoplastic laddered pedestrian crosswalk (T&ES).

Vice Mayor Donley asked for an amendment to condition #19 to add the following sentence: retail construction shall facilitate the requirements of a restaurant. The amendment was acceptable to the maker and seconder of the motion and becomes part of the original motion.

The voting was as follows:

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

13. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to amend and reordain Sheet No. 58.02 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (Official Zoning Map and District Boundaries), of the City of Alexandria Zoning Ordinance, by rezoning the property at 100 South Pickett Street from, CG/Commercial General to CRMU-M/Commercial Residential Mixed Use (Medium) with Proffers in accordance with the said zoning map amendment heretofore approved by City Council as Rezoning No. 2012-0001 (Project Name: The Delaney, 100 South Pickett Street.) (The Public Hearing on this item will be held on June 26, 2012.)

(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. 13; 6/16/12, 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. 13; 6/16/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council passed the ordinance on first reading and set it for public hearing, second reading and final passage on Tuesday, June 26, 2012. The voting was as follows:

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

14. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to amend and reordain the Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by City Council to the Landmark/Van Dorn chapter of such master plan as Master Plan Amendment No. 2012-0002 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment. (Project Name: The Delaney, 100 South Pickett Street.) (The Public Hearing on this item will be held on June 26, 2012.)

(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. 14; 6/16/12, 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. 14; 6/16/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council passed the ordinance on first reading and set it for public hearing, second reading and final passage on Tuesday, June 26, 2012. The voting was as follows:

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

15. MASTER PLAN AMENDMENT #2012-0001 PLANNING COMMISSION ACTION: (A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/16/12, and is incorporated as part of this record by reference.)

Ms. Wright, Planning and Zoning, noted that this project is one of the three sites competing in the National Science Foundation office competition, and it is too early to decide if any of the City would provide incentives to projects to compete. The issue of incentives may be revisited later and the conditions would require review by the Planning Commission and City Council.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Hughes and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows:

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

Mayor Euille appointed the following viewers for this property: Mindy Lyle, C.E. Palmer-Johnson, and Eric Zander.

16. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to amend and reordain the Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by City Council to the Eisenhower East chapter of such master plan as Master Plan Amendment No. 2012-0001 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment. (Project Name: Carlyle Plaza II) (The Public Hearing on this item will be held on June 26, 2012.)

(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. 16; 6/16/12, 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. 16; 6/16/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously, City Council passed the ordinance on first reading and set it for public hearing, second reading and final passage on Tuesday, June 26, 2012. The voting was as follows:

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

17. COORDINATED DEVELOPMENT DISTRICT #2012-0002
DEVELOPMENT SPECIAL USE PERMIT #2012-0004
STREET NAME CASE #2012-0001
1050, 1100, 1200A North Fayette Street – Braddock Gateway Phase II
Public Hearing and Consideration of a request for: A) an amendment to previously approved CDD #2011-0002 and CDD #2011-0003; B) a development special use permit, with site plan and subdivision, to construct a residential building with ground floor retail and below grade parking and a park; and C) a request to name a public street; zoned CDD#15/ Coordinated Development District #15. Applicant: Braddock Gateway, LC represented by Mary Catherine Gibbs, attorney PLANNING COMMISSION ACTION: (A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/16/12, and is incorporated as part of this record by reference.) Ms. Escher, Planning and Zoning made a presentation of the report and responded to questions of City Council.

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

1. Mary Catherine Gibbs, 307 N. Washington Street, attorney representing Jaguar Development, spoke in support of the request.

2. Poul Hertel, 1217 Michigan Court, urged Council to keep the language he suggested that was put in as a condition regarding the materials and detailing in the final site plan being commensurate with the quality of design, and he urged that it stay in the condition. He also spoke of architecture for projects, noting that once the detail is lost, it goes away.

3. David Fromm, 2307 E. Randolph Avenue, asked to make sure that what they get is what they have been shown.

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Vice Mayor Donley and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows:

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

18. TRANSIT WAY CORRIDORS A (Route 1/North-South) & B (Duke Street)
(A copy of the Planning Commission report dated June 16, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/16/12, and is incorporated as part of this record by reference.)

Mr. Baier, Director, Transportation and Environmental Services, along with Mr. Sindiong, Transportation and Environmental Services, 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:

1. Kevin Posey, 507 Carlisle Drive, chair, the Alexandria Transportation Commission, spoke in support of the plan and summarized the Commission's recommendations for corridor B and the southern section of corridor A.

2. Erin Winograd, 20 South Gordon Street, spoke in opposition to portion 3C of the Duke Street plan.

3. Bert Ely, 200 S. Pitt Street, spoke in support of the no build option for corridor A but was concerned about the statement on page 37 and the use of the word "temporary" and said it should be the permanent option for the corridor.

4. Van Van Fleet, 26 Wolfe Street, speaking for corridor A and said he is in support of the High Capacity Transit Corridor Work Group recommendation as endorsed by the Planning Commission.

5. Katy Cannady, 20 East Oak Street, spoke in support of the plan for corridor A and said a small circulator bus would solve the problem and is the only thing that should be considered.

6. Jeff Holt, 423 N. Patrick Street, spoke in support of the plan for corridor A and the no build option on corridor A and to permanently remove all language in the transportation master plan.

7. Sarah Becker, 1200 Princess Street, spoke in support of the plan for no build.

8. Heidi Ford, 1022 Oronoco Street, vice president, West Old Town Citizens Association, spoke in support of the plan for the no build option in corridor A and to amend the City's transportation master plan to reflect it and remove all references to any high capacity transit corridor in the southern section of corridor A and on any north/south street within the area.

9. Leslie Zupan, 1309 Queen Street, speaking as president, West Old Town Citizens Association, spoke about the concern of the possibility that the proposal will not be laid to rest. She asked that the language be drafted and return to the Planning Commission in September and then to City Council.

10. Richard Cooper, 1219 Powhatan Street, spoke in support of the plan for the no build.

11. Kendra Davis, 425 North Patrick Street, asked Council to ensure that the references to the BRT on Patrick and Henry Streets be permanently removed from the City's master transportation plan.

12. Yvonne Weight Callahan, 735 S. Lee Street, speaking as the newly elected president of Old Town Civic, spoke in support of the no build option for transit corridor A and they also endorse the Transportation Commission's recommendation to explore the expansion of east west connections between Old Town and existing Metro stations with properly sized connector buses.

13. Poul Hertel, 1217 Michigan Court, urged that they look at the bicycle trails in corridor B. He said if Council is going to do master plan changes, it needs to take all of corridor A out.

In response to a question from Mr. Baier, Council requested that staff do a joint meeting in the Fall.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried 6-0, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

19. Public Hearing, Second Reading and Final Passage of a Revised Ordinance to Amend the Definition of What Constitutes Keeping Dogs Running at Large Under Physical Restraint to Exclude the Use of Electronic Dog Collars as a Means of Physical Restraint. (#20, 6/13/2012)

(A copy of the City Manager's memorandum dated June 6, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/16/12, 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. 19; 6/16/12, 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. 19; 6/16/12, and is incorporated as part of this record by reference.)

Ms. Boyd, Special Assistant to the City Manager, along with Ms. Wilson, Animal Control Director, made a presentation of the report and they responded to questions of City Council.

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

1. Sandy Modell, 400 E. Custis Avenue, spoke in support of the ordinance.

2. Sandy Mejias, 529 Oronoco Street, said she and her husband own the Olde Towne School for Dogs, and she spoke in opposition to the ordinance.

3. Kiyohiko Mabuchi, 209 Jefferson Street, spoke in opposition to the ordinance.

4. Joan Mabuchi, 209 Jefferson Street, spoke in opposition to the ordinance.

5. Kathy McAfee, 1605 Chapel Hill Drive, spoke in opposition to the ordinance.

6. Hazel Rigby, 330 North Pitt Street, spoke in opposition to the ordinance.

7. Paul Haire, 202 East Del Ray, owner, Your Dogs Best Friend, spoke in support of the ordinance.

8. Yvonne Weight Callahan, 735 S. Lee Street, spoke in opposition to the ordinance.

9. Kendra Davis, 425 North Patrick Street, member of the board of directors of the Animal Welfare League, spoke in support of the ordinance.

10. David Fromm, 2307 E. Randolph Avenue, spoke in support of the ordinance.

11. Heidi Menzer, 818 West Timber Branch Parkway, spoke in support of the ordinance.

12. Barbara Beach, 614 S. Royal Street, spoke in opposition to the ordinance.

13. Karen Sehnal, 124 Quay Street, spoke in opposition to the ordinance.

14. Judy Noritake, 605 Prince Street, spoke in support of the ordinance.

15. Poul Hertel, 1217 Michigan Court, spoke in support of the ordinance.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Hughes, City Council moved to close the public hearing and adopt the ordinance.

Councilman Fannon asked for a friendly amendment that the effective date be changed to September 1, 2012. The amendment was acceptable to the maker and seconder of the motion and becomes part of the original motion.

The motion carried unanimously by roll-call vote and was as follows:

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

The ordinance reads as follows:
ORDINANCE NO. 4764

AN ORDINANCE to amend and reordain Sections 5-7-31 (DEFINITIONS), 5-7-33.1 (RUNNING AT LARGE PROHIBITED IN PUBLIC PARKS OR PLAYGROUNDS; OWNERS NOT TO LET DOGS RUN AT LARGE IN PUBLIC PARKS OR PLAYGROUNDS, KEEPING DOGS UNDER PHYSICAL RESTRAINT IN PUBLIC PARKS OR PLAYGROUNDS); and 5-7-35 (KEEPING DOGS UNDER PHYSICAL RESTRAINT) of Article C (DOGS AND OTHER ANIMALS) of Chapter 7 (ANIMALS AND FOWL), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sections 5-7-31, 5-7-33.1, and 5-7-35 of Article C of Chapter 7, Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:
Article C

Dogs and Other Animals

Sec. 5-7-31 Definitions.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purposes of this article, have the following meanings:

(a) Animal control officer. Any person appointed as the chief animal control officer or a deputy animal control officer under section 5-7-44 of this code.

(b) Animal shelter. The facility designated by the city manager for the detention of animals.

(c) Dangerous dog. Any canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat. However, when a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous:

(1) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite,

(2) if both animals are owned by the same person,

(3) if such attack occurs on the property of the attacking or biting dog's owner or custodian, or

(4) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.

(d) Dog. The word "dog" shall include both the male and female sex of the species.

(e) Commercial dog handler. Any person who boards, keeps, handles or walks dogs owned by another person for compensation.

(f) Dwelling unit. A group of one or more rooms designed or intended for use as a residence, including a single-family home, a townhouse, a duplex, a condominium and an apartment.

(g) Hearing dog. Any dog specially trained to alert its owner by touch to sounds of danger or other sounds to which the owner should respond.

(h) Law enforcement officer. Any employee of the Alexandria Police Department who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth.

(i) Owner. A person having a right of property in a dog or cat, and any person who keeps or harbors a dog or cat or has it in his care or control, or who acts as its custodian, including, but not limited to, a commercial dog handler and any person who permits a dog or cat to remain on or about any premises occupied by him.

(j) Run or running at large. Roaming or running off the premises of its owner not under the control of its owner or a responsible person capable of physically restraining the dog and not secured by a leash, lead or other means of physical restraint, which leash, lead or other means of physical restraint is not harmful or injurious to the dog. and which is held by a responsible person capable of physically restraining the dog. An electronic collar or other similar electronic device does not qualify as a leash, lead or other means of physical restraint.

(k) Seeing-eye dog. Any dog that is specially trained to serve as a guide for a blind person.

(l) Service dog. Any dog that is specially trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or performing other activities of service or support.

(m) Vicious dog. Any canine or canine crossbreed that has

(1) killed a person;

(2) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or

(3) continued to exhibit the behavior that resulted in a previous finding by July 1, 2006, by the chief animal control officer or city manager as authorized by prior law, that it is a dangerous dog, provided that its owner has been given notice of that finding.

(n) Adequate space. Sufficient space to allow each animal to:

(1) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and

(2) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter or harness, configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.

(o) Adequate shelter. Provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface (resting platform, pad, floor mat, or similar device) that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this section, shelters whose wire, grid, or slat floors:

(1) permit the animals' feet to pass through the openings;

(2) sag under the animals' weight; or

(3) otherwise do not protect the animals' feet or toes from injury, are not adequate shelter.

Sec. 5-7-33.1 Running at large prohibited in public parks or playgrounds; owners not to let dogs run at large in public parks or playgrounds; keeping dogs under physical restraint in public parks or playgrounds.

(a) No dog shall run at large within any public park or playground at any time.

(b) It shall be unlawful for the owner of any dog to permit his dog to run at large in any public park or playground at any time.

(c) It shall be unlawful for the owner of any dog to permit the dog to be in a public park or playground unless it is under the control of its owner or a responsible person capable of physically restraining the dog and kept secured by a leash, lead or other means of physical restraint, which leash, lead or other means of physical restraint is not harmful or injurious to the dog and which is held by a responsible person capable of physically restraining the dog, or it is in a designated and posted dog exercise area, as provided in section 6-1-2.2 of this code. An electronic collar or other similar electronic device does not qualify as a leash, lead or other means of physical restraint.

(d) This section shall not apply to any person while engaged in a supervised, formal obedience training class or show, or during formally sanctioned field trials or field trial dog training, or while accompanying a dog within the confines of a dog park designated by the City of Alexandria Department of Recreation, Parks, and Cultural Activities and complying with all regulations governing the use of such dog park. It shall be unlawful for the owner of a dog to place such dog or allow it to be placed in the custody of any other person not physically capable of maintaining effective control of such dog.

(d)(e) In addition to the officers identified in section 5-7-46, any city employee who is (1) specifically designated by the city manager, (2) wearing a uniform and (3) carrying identification may enforce the provisions of this section in accordance with the procedures set forth in section 5-7-46. As used in the subsection "uniform" shall mean a shirt, jacket or coat on which is permanently displayed and visible the seal of the city together with the name of the employee's department, office or agency, and "identification" shall mean a card or badge issued by the city to identify the employee by name and photograph, or badge number, and indicate that the employee is an authorized enforcement officer.

Sec. 5-7-35 Keeping dogs under physical restraint.

(a) Except as provided below, it shall be unlawful for the owner of any dog to permit the dog to be off the premises of its owner unless it is under the control of its owner or a responsible person capable of physically restraining the dog and it is kept secured by a leash, lead or other means of physical restraint, which leash, lead or other means of physical restraint is not harmful or injurious to the dog. An electronic collar or other similar electronic device does not qualify as a leash, lead or other means of physical restraint.

(b) The leash, lead or other means of physical restraint may be removed from a dog in a designated and posted dog exercise area, as provided in section 6-1-2.2 of this code.

(c) The leash, lead or other means of physical restraint may be removed from a dog on private property, other than the property of the owner; provided that the owner or person in control of such private property has permitted such dog to be present without a leash, lead or other means of physical restraint.

(d) This section shall not apply to any person while engaged in a supervised, formal obedience training class or show, or during formally sanctioned field trials or field trial dog training, or while accompanying a dog within the confines of a dog park designated by the City of Alexandria Department of Recreation, Parks, and Cultural Activities and complying with all regulations governing the use of such dog park. It shall be unlawful for the owner of a dog to place such dog or allow it to be placed in the custody of any other person not physically capable of maintaining effective control of such dog.

Section 2. That this ordinance shall become effective September 1, 2012.

20. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Master Plan to Incorporate the Beauregard Small Area Plan. (#9, 6/13/2012)

(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. 20; 6/16/12, 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. 20; 6/16/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance. The voting was as follows:

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

The ordinance reads as follows:

ORDINANCE NO. 4765

AN ORDINANCE to amend and reordain the Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council as Master Plan Amendment No. 2012-0003 to incorporate the Beauregard Small Area Plan Chapter into the Master Plan and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment.

WHEREAS, the City Council of the City of Alexandria finds and determines that:

1. The Planning Commission initiated on its own motion an amendment to the Alexandria West Small Area Plan and Seminary Hill/Strawberry Hill Small Area Plan chapters of the Master Plan of the City of Alexandria to incorporate the Beauregard Small Area Plan and, having found that the public necessity, convenience, general welfare and good zoning practice so require, recommended approval of Master Plan Amendment No. 2012-0003 with amendments to the City Council on May 3, 2012, which recommendation was approved with amendments by the City Council at a public hearing on May 12, 2012;

2. The said amendment has heretofore been approved by the Planning Commission and City Council after full opportunity for comment and public hearing.

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

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Alexandria West Small Area Plan and Seminary Hill/Strawberry Hill Small Area Plan chapters of the Master Plan of the City of Alexandria, be, and the same hereby are, amended by incorporating the document titled Draft Beauregard Small Area Plan, dated March, 27, 2012 (“Draft Plan”), with the amendments as shown in Exhibit A to this Ordinance, as a new chapter of the Master Plan.

Section 2. That the Director of Planning and Zoning be, and hereby is, directed to record the foregoing master plan amendment as the Beauregard Small Area Plan Chapter of Master Plan of the City of Alexandria, Virginia.

Section 3. That all provisions Master Plan of the City of Alexandria, Virginia, as may be inconsistent with the provisions of this ordinance be, and same hereby are, repealed.

Section 4. That the Master Plan of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as the Master Plan of the City of Alexandria, Virginia.

Section 5. That the City Clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.

Section 6. That this ordinance shall become effective upon the date and at the time of its final passage.

21. Public Hearing, Second Reading and Final Passage of an Ordinance to Make Appropriations for Support of the City Government for Fiscal Year 2013. (#10, 6/13/2012)

(A copy of the City Manager's memorandum dated June 6, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/16/12, 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. 21; 6/16/12, 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. 21; 6/16/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance. The voting was as follows:

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

The ordinance reads as follows:
ORDINANCE NO. 4766

AN ORDINANCE making appropriations for the support of the government of the City of Alexandria, Virginia, for Fiscal Year 2013.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, pursuant to Section 6.07 of the City Charter, the sum of $829,974,947 be, and the same hereby is, appropriated for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2012 and ending on the thirtieth day of June 2013.

Section 2. That, pursuant to Section 6.07 of the City Charter, the sum of $829,974,947 appropriated in Section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2012 and ending on the thirtieth day of June 2013 be, and the same hereby is, further appropriated to the following City departments, major operating units, component units, and major categories of expenditures in the amounts set forth below:

Department/Unit/Component Unit/
Category of Expenditure Appropriation

18th Circuit Court $1,517,597
18th General District Court 62,452
18th Juvenile Court 36,129
City Attorney 2,601,400
City Clerk and Clerk of Council 454,224
City Council 533,685
City Manager 2,396,761
Clerk of Court 1,673,653
Code Administration 5,982,719
Commonwealth’s Attorney 3,020,335
Community and Human Services 89,221,273
Contingent Reserves 484,983
Court Services Unit 1,774,096
Economic Development 4,840,951
Emergency Communications 6,267,240
Finance 11,319,273
Fire 40,027,617
General Debt Service 48,632,002
General Services 12,265,256
Health 7,032,965
Human Resources 3,070,623
Human Rights 688,866
Information Technology Services 8,125,972
Internal Audit 514,533
Law Library 175,016
Non-Departmental 11,356,327
Office of Communications 1,833,848
Office of Historical Alexandria 3,231,527
Office of Housing 3,147,877
Office of Management and Budget 1,053,192
Other Correctional Activities 5,620,322
Other Educational Activities 11,721
Other Health Activities 1,324,000
Planning & Zoning 5,729,446
Police 51,969,755
Real Estate Assessments 1,693,888
Recreation, Parks & Cultural Activities 21,143,012
Registrar of Voters 1,336,170
Sheriff 29,098,701
Transit Subsidies 23,396,378
Transportation and Environmental Services 32,590,517
Capital Projects 134,504,335
Component Unit-Library 7,338,570
Component Unit-Schools 236,686,271
Internal Services 4,189,489

TOTAL APPROPRIATIONS $829,974,947

Section 3. That, pursuant to Section 6.07 of the City Charter, the sum of $829,974,947 appropriated in Section 1 of this ordinance for the support of the City of Alexandria in the fiscal year beginning on the first day of July 2012 and ending on the thirtieth day of June 2013 be, and the same hereby is, further appropriated to the following principal objects of city expenditures:

Object of Expenditures Appropriation

Personnel Service $256,856,627
Non-Personnel Services 173,947,283
Capital Outlay 406,392
Component Unit-Library 7,338,570
Component Unit-Schools 236,686,271
Component Unit-Alexandria Transit Company 16,046,000
Equipment Replacement 4,189,469
Capital Projects 134,504,335

TOTAL APPROPRIATIONS $829,974,947

Section 4. That the sum of $829,974,947 appropriated in Section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2012 and ending on the thirtieth day of June 2013 is expected to be derived from the following sources of revenue:

Source of Revenue Amount

General Property Taxes $376,413,711
Other Local Taxes 124,850,275
Permits, Fees and Licenses 7,531,974
Fines and Forfeitures 4,664,000
Intergovernmental Revenue 144,288,214
Charges for Services 43,714,467
Revenue from Use of Money and Property 3,670,000
Miscellaneous Revenue 5,571,177
Bond Proceeds - Future Sale 94,086,000
Unreserved Fund Balance - General Fund:
Subsequent Year’s Budget as Designated 23,944,353
Unreserved Fund Balance – Special Revenue Fund 89,620
Unreserved Fund Balance – Sewer Fund 246,388
Retained Earnings - Internal Services 904,788

TOTAL ESTIMATED REVENUE $829,974,947

Section 5. That, pursuant to Section 6.14 of the City Charter, the sum of $134,504,335 be, and the same hereby is, appropriated for Capital Improvement Project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 2012 and ending on the thirtieth day of June 2013. This sum, which consists of the $134,504,335 appropriated as Capital Projects in Section 2 of this ordinance, is appropriated as follows: (i) $75,562,981 to capital projects that are initially identified in the City government Fiscal Year 2013 - 2022 Capital Improvement Program adopted by City Council on May 7, 2012; and (ii) $58,941,354 to the capital projects initially identified in the Alexandria City Public Schools' capital budget approved by the School Board on February 2, 2012. These distributions by projects can be modified by the periodic allocation of capital funds through the City Council’s capital allocation process.

Section 6. That the sum of $134,504,335 appropriated in Section 5 of this ordinance for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 2012 and ending on the thirtieth day of June 2013 is expected to be derived from the following sources of revenue:

Source of Revenue Amount

Intergovernmental Revenue $6,016,750
Transfer In from Special Revenue 910,380
Transfer In from Special Revenue – Stormwater 1,048,000
Transfer In from Transportation Improvement Fund 6,501,230
Transfer In from General Fund 6,955,483
Transfer In from Special Revenue Fund – Sewer 2,404,612
Use of Money and Property – Bond Interest Earnings 250,000
Miscellaneous Revenue 2,875,207
Designated General Fund Balance 13,120,665
Designated Special Revenue Fund Balance 89,620
Designated Sewer Fund Balance 246,388
Bond Proceeds - Future Sale 94,086,000

TOTAL ESTIMATED REVENUE $134,504,335

Section 7. That the sum of $256,757,381 be, and the same hereby is, authorized to be transferred between the following funds maintained by the City, as set forth below:

From Amount To Amount

General Fund $37,466,760 Special Revenue Fund - General $37,466,760
Special Revenue
Fund Sewer 1,854,502 General Fund 1,854,502
Special Revenue
Fund 910,380 Capital Projects Fund 910,380
Special Revenue Fund – Affordable
General Fund 2,167,845 Housing 2,167,845
Special Revenue
Fund – Sewer 2,404,612 Capital Projects Fund 2,404,612
Special Revenue
Fund – Stormwater 1,048,000 Capital Projects Fund 1,048,000
General Fund 6,955,483 Capital Projects Fund 6,955,483
Transportation
Improvement Fund 6,501,230 Capital Projects Fund 6,501,230
General Fund 179,486,405 Component Unit-Schools 179,486,405 Component Unit-Alexandria Transit
General Fund 11,084,000 Company 11,084,000
General Fund 6,878,164 Component Unit-Library 6,878,164

TOTALS $ 256,757,381 TOTALS $256,757,381

Section 8. That the sum of $829,974,947 appropriated in Section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2012 and ending on the thirtieth day of June 2013 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each City department, major operating unit, component unit, and major category of expenditure, to the funds maintained by the City as shown in Table I on the pages following this ordinance.

Section 9. That the sum of $829,974,947 appropriated in Section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2012 and ending on the thirtieth day of June 2013 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each major source of revenue, to the funds maintained by the City as shown in Table II on the pages following this ordinance.

Section 10. That the sum of $2,675,762 be appropriated from the designated General Fund balance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 2012 and ending on the thirtieth day of June 2013 in the amounts set forth below:

ESTIMATED REVENUE:

Designated General Fund Balance $2,675,762

Total Estimated Revenue $2,675,762

APPROPRIATION:

Non Departmental $1,635,000
Real Estate 75,000
Recreation, Park and Cultural Activities 60,000
Economic Development Activities 25,000
Transportation and Environmental Services 175,000
Equipment Replacement 255,762
Human Resources 200,000
Internal Audit 250,000
Total Appropriation $2,675,762

Section 11. That the City Council of the City of Alexandria, Virginia does hereby make provision for and appropriation to the funds hereafter named in the amounts required to defray the expenditures and liabilities of the City for which commitments were established in the form of encumbrances or otherwise on or before June 30, 2012 but which are payable in fiscal year 2013 and for which amounts were appropriated but not expended in fiscal year 2012 and further, that the City Council does hereby allot the amounts so appropriated to the several City departments for fiscal year 2013 as follows:

GENERAL FUND

Code Administration $80,000
Commonwealth’s Attorney 50,000
Community and Human Services 900,000
Court Services 45,000
Economic Development Activities 65,000
Emergency Communications 80,000
Finance 1,400,000
Fire 300,000
General Services 650,000
Health 58,000
Human Resources 21,000
Human Rights 8,000
Information Technology Services 680,000
Internal Audit 2,000
Non-Departmental 500,000
Office of Communications 14,000
Office of Historic Alexandria 266,000
Office of Management and Budget 23,000
Other Correctional Activities 44,000
Planning and Zoning 7,000
Police 1,200,000
Recreation and Cultural Activities 500,000
Registrar of Voters 34,000
Sheriff 550,000
Transit Subsidies 480,000
Transportation and Environmental Services 2,500,000
Total General Fund $10,457,000

Section 12. That this ordinance shall become effective upon the date and at the time of its final passage.

22. Public Hearing, Second Reading and Final Passage of an Ordinance to Make Supplemental Appropriations for Support of the City Government for Fiscal Year 2012. (#11, 6/13/2012)

(A copy of the City Manager's memorandum dated June 6, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/16/12, 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. 22; 6/16/12, 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. 22; 6/16/12, and is incorporated as part of this record by reference.)

Ms. Taylor, Office of Management and Budget, responded to questions of City Council regarding DASH money in the ordinance.

WHEREUPON, upon motion by Vice Mayor Donley seconded by Councilwoman Pepper and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance. The voting was as follows:

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

The ordinance reads as follows:
ORDINANCE NO. 4767

AN ORDINANCE making supplemental appropriations for the support of the government of the City of Alexandria, Virginia, for fiscal year 2012.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter named the amounts hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2012, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 2011, but not appropriated, and further that the Council does hereby allot the amount so appropriated to the several city departments for fiscal year 2012, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:

APPROPRIATION:

Commonwealth’s Attorney $ 3,434
Community and Human Services 261,947
Fire 127,250
Housing 3,782,817
Total Appropriation $ 4,175,448

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that are required to defray certain expenditures and liabilities of the city in fiscal year 2012, the source of such amount being Equipment Replacement Retained Earnings, and further, that the Council does hereby allot the amount so appropriated to the various city departments for fiscal year 2012, as follows:
EQUIPMENT REPLACEMENT FUND
APPROPRIATION:

Court Service Unit $ 51,780
Information Technology Services 23,800
Finance 80,038
General Services 88,183
Fire 1,894,659
Community and Human Services 302,951
Code Administration 5,469
Police $ 454,689
Total Appropriation $2,901,569

Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 2012, the source of such amount being Component Unit - School Fund Balance and Component Unit – DASH Fund Balance, and further, that the Council does hereby allot the amount so appropriated, as follows:

COMPONENT UNIT
APPROPRIATION:
Component Unit – Schools $1,347,768
Component Unit – DASH $ 126,056
Total Appropriation $1,473,824

Section 4. That the Council of the City of Alexandria, Virginia does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 2012, the source of such amount being General Fund Balance, that the Council does hereby allot the amount so appropriated for fiscal year 2012 as follows:
GENERAL FUND
ESTIMATED REVENUE:
APPROPRIATION:

Police $ 78,949
Cash Capital 4,793,643
Non Departmental 450,000
Total Appropriation $5,322,592

Section 5. That the Council of the City of Alexandria, Virginia does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 2012, the source of such amount being General Fund Revenue, that the Council does hereby allot the amount so appropriated for fiscal year 2012 as follows:
GENERAL FUND
ESTIMATED REVENUE:

Non-categorical Federal Revenue $200,000
APPROPRIATION:

Finance Department $200,000
Police Department 114,644
Total Appropriation $314,644


Section 6. That the Council of the City of Alexandria, Virginia does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 2012, the source of such amount being Transfers in from the General Fund in support DASH Operations, that the Council does hereby allot the amount so appropriated for fiscal year 2012 as follows:
COMPONENT UNIT - DASH
ESTIMATED REVENUE:
APPROPRIATION:

Component Unit - DASH $210,000
Total Appropriation $210,000
Section 7. That the Council of the City of Alexandria, Virginia does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 2012, the source of such amount being Transfers in from the General Fund in support DASH Operations, that the Council does hereby allot the amount so appropriated for fiscal year 2012 as follows:
COMPONENT UNIT - DASH

ESTIMATED REVENUE:

Charges for Services $549,000
Total Estimated Revenue $549,000
APPROPRIATION:

Section 8. That the Council of the City of Alexandria, Virginia does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 2012, the source of such amount being Capital Project Fund revenue, and further that the Council does hereby allot the amount so appropriated for fiscal year 2012 as follows:

CAPITAL PROJECTS

ESTIMATED REVENUE:
APPROPRIATION:

Section 9. That this ordinance shall become effective upon the date and time at the time of its final passage.

23. Public Hearing, Second Reading and Final Passage of an Ordinance to Add a New Section 2-5-6 (Criminal History Records Check of Applicants for City Employment) to Article A (General Provisions) of Chapter 5 (Officers and Employees) of Title 2 (General Government) of the Code of the City of Alexandria, Virginia, 1981, as Amended. (#12, 6/13/2012)

(A copy of the City Manager's memorandum dated June 6, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/16/12, 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. 23; 6/16/12, 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. 23; 6/16/12, and is incorporated as part of this record by reference.)

Mr. Gates, Assistant City Manager, and Mr. Spera, Deputy City Attorney, responded to questions of City Council regarding credit checks and criminal background checks.

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Fannon and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance. The voting was as follows:

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

The ordinance reads as follows:
ORDINANCE NO. 4768

AN ORDINANCE to add a new Section 2-5-6 (Criminal history records check of applicants RECEIVING A CONDITIONAL OFFER for City employment) to Article A (GENERAL PROVISIONS) of Chapter 5 (OFFICERS AND EMPLOYEES) of Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article A, Chapter 5, of Title 2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended, by adding thereto a new section 2-5-6 to read as follows:
[The following is all new language]

Sec. 2-5-6 Criminal history records check of applicants for city employment.

(a) Finding that it is necessary, in the interest of public welfare and safety, that investigations be conducted of all applicants to whom a conditional offer of employment with the city is made to determine if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment under consideration, the city manager or his or her designee shall request, pursuant to Code of Virginia sections 19.2-389 and 15.2-1503.1, as amended, from the Virginia Central Criminal Record Exchange and the Federal Bureau of Investigation, a criminal record check of each applicant for city employment.

(b) Each applicant required to undergo a criminal background check, upon receiving a conditional offer of employment, shall submit to fingerprinting and provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. Such applicant may be required to pay the cost of fingerprinting or criminal records check, or both.

(c) Criminal history information considered in accordance with this section shall include outstanding warrants, pending criminal charges, and records of conviction. Records of dispositions which occurred while an applicant was considered a juvenile shall not be referenced unless authorized by court order, federal regulation, or state statute authorizing such dissemination.

(d) The city manager or his or her designee shall review the criminal history record information to determine whether the conviction record, if any, of the applicant is compatible with the nature of the city employment under consideration. In making this determination and in determining whether a criminal conviction directly relates to a position, the city manager or his or her designee shall consider the following criteria: (i) the nature and seriousness of the crime; (ii) the relationship of the crime of the work to be performed in the position applied for; (iii) the extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person had been involved; (iv) the relationship of the crime to the ability, capacity or fitness required to perform the duties and discharge the responsibilities of the position being sought; (v) the extent and nature of the person’s past criminal activity; (vi) the age of the person at the time of the commission of the crime; (vii) the amount of time that has elapsed since the person’s last involvement in the commission of a crime; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or following release.

(e) Any applicant who is denied employment on the basis of criminal record information obtained pursuant to this section will be notified in writing and will be given an opportunity to inspect the information for the purpose of clarifying, explaining, or denying the information therein.

(f) The criminal history information provided in accordance with this section shall be confidential, shall be used solely to assess eligibility for city employment, and shall not be disseminated except as provided for in this section.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

24. Public Hearing, Second Reading and Final Passage of an Ordinance to Add and Amend the City Code in Regard to the Use of Parking Pay Stations and Increase the Penalties for Uncontested Parking Meter and Pay Stations Violations. (#8, 6/13/2012)

(A copy of the City Manager's memorandum dated June 6, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/16/12, 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. 24; 6/16/12, 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. 24; 6/16/12, and is incorporated as part of this record by reference.)

WHEREUPON, a motion was made by Vice Mayor Donley and seconded by Councilwoman Hughes to close the public hearing and move approval of the ordinance.

Mr. Spera, Deputy City Attorney, responded to questions of City Council and said he would come back to Council with answers to the questions regarding parking of vehicles for more than two hours.

A SUBSTITUTE MOTION was made by Councilman Krupicka, seconded by Councilwoman Hughes and carried unanimously, City Council deferred adoption to June 26, 2012. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Planning Commission (continued)

None.
*******

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried unanimously, City Council adjourned the public hearing meeting of June 16, 2012 at 7:01 p.m. The voting was as follows:

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



APPROVED BY:

_____________________________
WILLIAM D. EUILLE MAYOR

ATTEST:


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



This docket is subject to change.

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