Regular Meeting
Tuesday, June 28, 2011 - - 6:00 p.m.

* * * * *

Absent: None.

Also Present: Mr. Johnson, Acting City Manager; Mr. Banks, City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Gates, Assistant City Manager, City Manager's Office; Ms. Collins, Assistant City Manager for Community and Human Services; Ms. Boyd, Special Assistant to the City Manager, City Manager's Office; Mr. McPike, Director, General Services; Mr. Trobridge, Director, Information Technology Services (ITS); Police Chief Cook; Fire Chief Thiel; Mr. Castrilli, Communications Director, Office of Communications and Public Information; Ms. Terrell, HIV Prevention Coordinator, Health Department; Ms. Davis, Director, Office of Housing; Ms. Mcllvaine, Deputy Director, Office of Housing; Mr. Cochran, Division Chief, Office of Housing; Mr. Spengler, Director, Recreation, Parks and Cultural Activities; Ms. Hamer, Director, Planning and Zoning (P&Z); Mr. Farner, Deputy Director, P&Z; Mr. Mallamo, Director, Office of Historic Alexandria; Ms. Niebauer, Director, Office of Human Rights; Mr. Lerner, Deputy Director, Transportation and Environmental Services (T&ES); Mr. Holloman, Urban Planner, T&ES; Mr. Grover, BRAC Coordinator, T&ES; Ms. Baker, City Engineer, T&ES; Ms. Triggs, Acting Chief Financial Officer/Director of Finance; Dr. Gilmore, Executive Director, Mental Health/Mental Retardation/Substance Abuse; Ms. Marks, Division Chief, T&ES; Mr. Routt, Acting Director, Office of Management and Budget (OMB); Mr. Stewart, Budget Analyst, OMB; Mr. Saenz, ITS; Police Captain Ogden; and Mr. Lloyd.

Recorded by: Gloria Sitton, Deputy City Clerk and Clerk of Council.

The meeting was called to order by Mayor Euille, and the Deputy City Clerk called the roll. All members of Council were present.

2. Moment of Silence and Pledge of Allegiance.

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

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

(a) The Regular Meeting Minutes of June 14, 2011.

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Vice Mayor Donley and carried unanimously, City Council approved the regular meeting minutes of June 14, 2011. The voting was as follows:

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

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

None.

PROCLAMATIONS

4. Presentation of a Proclamation Declaring June 27, 2011 as National HIV Testing 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; 06/28/11, 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 endorsed the proclamation. 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

CONSENT CALENDAR (5-13)

(Resignations and Uncontested Appointments)

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

(a) Real Estate Assessment Review Board
Dennis Flood

(A copy of the above resignation is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 5(a); 06/28/11, and is incorporated as part of this record by reference.)

6. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria-Caen Sister City Committee
1 Citizen Member

(b) Beautification Commission
1 Citizen Member

(c) Board of Architectural Review - Parker-Gray District
1 Citizen Member

(d) Budget and Fiscal Affairs Advisory Committee
2 Citizen Members

(e) Commission on Aging
1 Individual With Leadership Experience in a Volunteer
Organization

(f) Commission on Employment
1 Business Representative From Among Recognized Area
Businesses Including Minority-owned and Small Businesses

(g) Commission on Persons with Disabilities
1 Citizen Member

(h) Community Services Board
1 Citizen Member
1 Consumer (current or former direct recipient of public or private mental health, mental retardation or substance abuse treatment rehabilitation services) or Family Members (immediate family member or the principal caregiver who is not paid) of Consumer

(i) Convention and Visitors Association Board of Governors
2 Retail Owner/Manager Representatives
1 City Manager/City Manager Designee

(j) Emergency Medical Services Council
1 Alexandria Operational Medical Director

(k) George Washington Birthday Celebration Committee
1 Member Nominated by the Gadsby's Tavern Museum Society

(l) Historic Alexandria Resources Commission
1 Member at Large From Planning District III

(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. 6 (a-l); 06/28/11, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

7. Receipt of the Alexandria City Public Schools (ACPS) FY 2012 – 2021 Capital Improvement Program (CIP).

(A copy of the City Manager's memorandum dated June 20, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 06/28/11, and is incorporated as part of this record by reference.)

8. Consideration of Authorization of Recommended Capital Allocations and Planned Expenditures

(A copy of the City Manager's memorandum dated June 21, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 06/28/11, and is incorporated as part of this record by reference.)

9. Consideration of Submission of an Application for a Virginia Housing Development Authority (VHDA) Planning Grant to Support the Development of a Housing Implementation Strategy for the Beauregard Small Area Plan.

(A copy of the City Manager's memorandum dated June 20, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 06/28/11, and is incorporated as part of this record by reference.)

10. Consideration of Supplemental Application for Federal Head Start Funds to Permanently Replace American Recovery and Reinvestment Act Funds to Support the Alexandria Head Start Program Expansion.

(A copy of the City Manager's memorandum dated June 20, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 06/28/11, and is incorporated as part of this record by reference.)

11. Receipt of Report on Review of City Energy Programs. (This item has been deferred to September.)

(A copy of the City Manager's memorandum dated June 23, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 06/28/11, and is incorporated as part of this record by reference.)

12. Consideration of an Application for the Renewal of the U. S. Department of Justice, Justice Assistance Grant for the Police Department’s Part I Crimes Initiative in FY 2012.

(A copy of the City Manager's memorandum dated June 13, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 06/28/11, and is incorporated as part of this record by reference.)

13. Consideration of a Grant Application and Acceptance of a Grant Award from the Virginia Department of Historic Resources for the Rehabilitation of the Historic Ice Well at Gadsby's Tavern Museum.

(A copy of the City Manager's memorandum dated June 20, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 06/28/11, and is incorporated as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilwoman Pepper and carried unanimously, City Council approved the consent calendar, with the exception of docket item #7, which was considered under a separate motion. The City Manager's recommendations were as follows:

5. City Council accepted the following resignation with regret: (a) Dennis Flood, Real Estate Assessment Review Board.

6. City Council made the following appointments to boards and commissions: (a) appointed Megan McBeath Hay as the one citizen member to the Alexandria-Caen Sister City Committee; (b) reappointed Debbie Weatherly as the one citizen member to the Beautification Commission; (c) Deborah Rankin withdrew her application for appointment to the Board of Architectural Review - Parker-Gray District; (d) reappointed Mark Elder and appointed Thomas Karol as the two citizen members to the Budget and Fiscal Affairs Advisory Committee; (e) appointed Betty Morrison as the one individual with leadership experience in a volunteer organization to the Commission on Aging; (f) reappointed Jacqueline Woodward as the business representative from among recognized area businesses, including minority-owned and small businesses to the Commission on Employment; (g) appointed David Arnaudo (identified a disability) as the citizen member to the Commission on Persons with Disabilities; (h) reappointed Roberta New as the citizen member and appointed Aequanetta Cockley as the consumer (current or former direct recipient of public or private mental health, mental retardation or substance abuse treatment rehabilitation services) or family members (immediate family member or the principal caregiver who is not paid) of consumer to the Community Services Board; (i) reappointed Eric Nelson and appointed Amy Rutherford as the two retail owner/manager representatives and appointed Tom Gates as the City Manager's designee to the Convention and Visitors Association Board of Governors; (j) reappointed Joseph Marfori as the Alexandria Operational Medical Director to the Emergency Medical Services Council; (k) appointed Danny Smith as the member nominated by the Gadsby's Tavern Museum Society to the George Washington Birthday Celebration Committee; and (l) Casey Ratlief withdrew his application for appointment as the member at-large from Planning District III to the Historic Alexandria Resources Commission.

8. City Council authorized $33,261,014 for capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Expenditure Summary.

9. City Council endorsed an application for a Housing Implementation Strategy planning grant for the future Beauregard Small Area Plan that will be submitted to the Virginia Housing Development Authority (VHDA).

10. City Council: (a) authorized the submission of a supplemental grant application, due July 1, 2011, in the amount of $316,867, including $313,162 for Head Start program operations and $3,705 for training and technical assistance; and (b) authorized the Acting City Manager to execute all necessary documents.

11. City Council deferred this item to the first legislative meeting in
September.

12. City Council: (1) approved the application for the renewal of the $49,262 grant; and (2) authorized the City Manager to execute all necessary documents that may be required.

13. City Council authorized the Acting City Manager to: (1) ratify a grant application submitted to the Virginia Department of Historic Resources, Certified Local Government Program; and (2) execute all necessary documents that may be required.

The voting was as follows:

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

7. Receipt of the Alexandria City Public Schools (ACPS) FY 2012 – 2021 Capital Improvement Program (CIP).

(A copy of the City Manager's memorandum dated June 20, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 06/28/11, and is incorporated as part of this record by reference.)

Councilman Smedberg inquired why the Public Schools would be contributing to the DASH Bus Facility.

In response to Councilman Smedberg, General Services Director McPike explained that the Public Schools would be contributing to the DASH Bus Facility to help fund the reconfiguration of the school bus facility due to the building of the new police facility. Mr. McPike noted that the schools would be combining facilities with the DASH bus facility.

WHEREUPON, upon motion by Councilman Smedberg, seconded Vice Mayor Donley and carried unanimously, City Council received the Alexandria City Public Schools (ACPS) FY 2012-2021 Capital Improvement Program (CIP). The voting was as follows:

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

CONTESTED APPOINTMENTS

14. Board of Architectural Review - Old and Historic District
2 Citizen Members

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

NAME: ENDORSED BY:

Gary Henson
Thomas Hulfish, III Wayne Neale
Peter Smeallie Wayne Neale
Elizabeth Spar

(Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 06/28/11, and is incorporated as part of this record by reference.)

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

Euille - Hulfish, Smeallie
Donley - Hulfish, Smeallie
Fannon - Hulfish, Smeallie
Hughes - Hulfish, Smeallie
Krupicka - Hulfish, Smeallie
Pepper - Hulfish, Smeallie
Smedberg - Hulfish, Smeallie

15. Commission on Aging
1 Representative of a Support Service Provider

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

NAME: ENDORSED BY:

Karis Cavender
Jane King

(Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 06/28/11, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots were tallied with the following results: City Council reappointed Jane King as the representative of a support service provider to the Commission on Aging. The voting was as follows:

Euille - King
Donley - King
Fannon - King
Hughes - King
Krupicka - King
Pepper - King
Smedberg - King

16. Convention and Visitors Association Board of Governors
1 Alexandria Hotel Association President

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

NAME: ENDORSED BY:

Charlie Banta Stephanie Brown, ACVA

(Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 06/28/11, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots were tallied with the following results: City Council waived the residency requirement and appointed Charlie Banta as the Alexandria Hotel Association President to the Convention and Visitors Association Board of Governors. The voting was as follows:

Euille - Banta
Donley - Banta
Fannon - Banta
Hughes - Banta
Krupicka - Banta
Pepper - Banta
Smedberg - Banta

17. Environmental Policy Commission
2 Citizen Members

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

NAME: ENDORSED BY:

Scott Barstow
Patrick Hagan
Meghan Klasic
James Spencer
Mara Zimmerman

(Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 06/28/11, 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 Scott Barstow and Patrick Hagan as the two citizen members to the Environmental Policy Commission. The voting was as follows:

Euille - Barstow, Hagan
Donley - Barstow, Hagan
Fannon - Hagan, Klasic
Hughes - Spencer, Zimmerman
Krupicka - Barstow, Hagan
Pepper - Barstow, Hagan
Smedberg - Barstow, Hagan

18. Sanitation Authority

1 Citizen Member

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

NAME: ENDORSED BY:

Jorianne Jernberg
Lorraine Loken
Matthew Ries
Laurence Smallman

(Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 06/28/11, 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 Matthew Ries as the citizen member to the Sanitation Authority. The voting was as follows:

Euille - Ries
Donley - Ries
Fannon - Ries
Hughes - Ries
Krupicka - Loken
Pepper - Loken
Smedberg - Ries

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

19. Oral Report on Base Realignment and Closure (BRAC-133) Project at Mark Center. (Staff Presentation)

Mr. Grover, BRAC Coordinator, Transportation and Environmental Services, gave Council an update on the BRAC-133 Project at Mark Center and responded to questions from members of Council. Council requested that staff confirm whether the BRAC facility would be opening in September.

20. Consideration of Adding to the Membership of the BRAC-133 Advisory Group.

(A copy of the City Manager's memorandum dated June 22, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 06/28/11, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Smedberg and carried unanimously, City Council agreed to add one representative each from the Alexandria City Public Schools and the Fountains Condominium Association to the membership of the BRAC-133 Advisory Group. The voting was as follows:

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

21. Consideration of Proposal for Further Consideration of the Proposed Waterfront Plan.

(A copy of the City Manager's memorandum dated June 27, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 06/28/11, and is incorporated as part of this record by reference.)

Councilman Krupicka suggested that the group consist of nine people appointed by the Mayor who have qualifications that will be beneficial to the current discussion and the group should be tasked with reviewing all the commentary received thus far, reviewing all the alternatives that have been received and return to Council suggested modifications that will be responsive to the City's ability to move forward with the proposed plan. Councilman Krupicka also noted that the members of the group should not have a vested interest in the Waterfront but those with an interest should be part of the general discussion.

Mayor Euille noted that he offered an alternative proposal that included 5 citizens-at-large, one representative from the Planning Commission, one member of City Council, one representative from the Waterfront Committee, one representative from the Parks and Recreation Commission, one representative from the Old Town Citizens Association and one representative from the Citizens for Alexandria Alternative Waterfront Plan.

Councilwoman Hughes expressed her concerns about the makeup of the group and noted that Planning Commission and City Council should not be a part of the process. Councilwoman Hughes stated that the stakeholders should be part of the group and Council should not try to micromanage the process.

Vice Mayor Donley stated that the most important thing to do tonight was to appoint a group that can review the plan and give Council recommendations to make a decision on the Waterfront Plan.

Councilwoman Pepper stated that having a facilitator and at-large citizens would be good for the work group and she noted that the Mayor's suggested composition was agreeable.

Councilman Fannon suggested that each Council member identify two people to lead to a work group of 14 people as a possible proposal.

Councilman Smedberg stated that the Mayor's compromise was a good one, particularly the at-large members and he pointed out that the Council member would simply be a convener. Councilman Smedberg pointed out that the most important thing was for the Council to make a decision on the Waterfront Plan.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Hughes and carried unanimously by roll-call vote, City Council: (1) adopted the proposed resolution to establish a Waterfront Plan Work Group; and (2) requested the Mayor to appoint members to this group as detailed in the Resolution, after appropriate consultation with members of City Council. The Waterfront Plan Work Group should be composed of the following membership: five at-large citizen members; a representative from the Waterfront Committee; a representative from Old Town Civic Association and a member from City Council, who will function as the convener and be a non-voting member of the Work Group. City Council gave the guidance for the group to evaluate the potential public costs and benefits of any alternatives on the key issues identified, including the opportunities for by-right development. Council also anticipates a vote on the plan before the end of the calendar year. The voting was as follows:

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

The resolution reads as follows:

a. One member of City Council, to act as a convener and liaison to City Council (non-voting member of the Work Group)
b. One member of the Waterfront Committee
c. One member of Old Town Civic Association
d. Five citizens at-large members, preferably with professional background in urban design, land-use planning, or landscape and architecture.

a. a commitment to a Waterfront Plan that balances history, art, recreation, views, active uses, commerce, boating, parks, museums and other cultural activities, and protection of the existing neighborhoods;

b. are representative of the diversity of interests and uses of the waterfront;

a. To identify the elements for which there is agreement and then focus attention on the remaining issues where there is not agreement. These major outstanding issues include at least on the three redevelopment sites – specifically, issues related to their potential density and land use. Issues for land use include the addition of hotels, and the possibility of more parks and cultural uses. Various considerations should be taken into account, such as neighborhood impacts, Citywide public interests (such as recreation, art and history), commercial interests, and implementation (including costs and revenues).

b. To clarify and define the positions on the major outstanding issues as well as which issues are of the greatest importance to stakeholders. The Work Group should identify any opportunities for narrowing the differences between differing positions on key issues if they exist and shall evaluate the potential public costs and benefits of any alternatives on the key issues identified, including the opportunities for by-right development. The Work Group does not necessarily need to develop a consensus position, broker a compromise or take formal votes. There may still be differing opinions reported to City Council. There should be an understanding that the Work Group is not expected to develop a new small area plan document.

c. To categorize outstanding issues into those that should be addressed in the Plan, and those issues that are important but best addressed during planning implementation.

a. A commitment to a balanced, multi-use park and historic site in the City; and
b. Are representative of the diversity of interests and uses of the park and museum site;

a. Provide staff of Recreation, Parks and Cultural Activities (RPCA), Office of Historic Alexandria (OHA), and Transportation and Environmental Services (T&ES) with recommendations on the appropriate balance of park uses, as well as implementing education and outreach opportunities and implementation of recommendations made in the 2011 Stakeholder Advisory Group report;
b. Bring community values, knowledge, ideas and advice into the process of creating a management plan for Fort Ward Park and Museum Area in ways that provide lasting benefit to the local community and the City as a whole; and
c. Act as liaisons for neighborhoods and other interested parties in the development process of a management plan for Fort Ward Park and Museum Area.

1. There is hereby established a Potomac Yard Metrorail Station Implementation Work Group; and
2. The Metrorail Station Implementation Work Group will include the following representatives: two members of Council, one representative from the Planning Commission, one representative from the Transportation Commission, one representative from the Environmental Policy Commission and one at-large member.
3. The functions of the Metrorail Station Implementation Work Group shall be to:
a. Review Environmental Impact Statement documentation;
b. Provide policy guidance to City and WMATA staff;
c. Analyze station concept refinement; and
d. Consider funding issues related to the new Metrorail Station; and

4. Staff technical support will be provided by the Department of Transportation and Environmental Services and the Department of Planning and Zoning with support from the City Manager’s Office; and
5. The Council and the at-large member representative of the Metrorail Station Work Group shall be appointed by the Mayor, and the other Work Group representatives shall be appointed by the chairs of those groups to be represented.

WHEREAS, Section 147(f) of the Code provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds;

WHEREAS, the Authority issues its bonds on behalf of the City of Alexandria, Virginia (the “City”); the facilities of the Borrower described above are located in the City and the City Council of the City (the “Council”) constitutes the highest elected governmental unit of the City;

WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and

WHEREAS, a copy of the Authority’s resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Council.

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

1. The Council approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section l5.2-4906 of the Code of Virginia of 1950, as amended (the “Virginia Code”), to permit the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Bonds or the Borrower.
3. The issuance of revenue bonds as requested by the Borrower will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or the City of Alexandria, Virginia, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof will be pledged to the payment of such bonds. Neither the City of Alexandria, Virginia nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and money pledged therefore.
4. This resolution shall take effect immediately upon its adoption.

32. Consideration of a Resolution Expressing the City Council’s Support for the City’s Museums for the American Association of Museums Accreditation Process.

(A copy of the City Manager's memorandum dated June 22, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 06/28/11, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously by roll-call vote, City Council: (1) approved the resolution which approved the Departmental Mission, Vision, Core Values and Educational Philosophy Statements, as well as approves the Code of Ethics document being subject to approval of the City Attorney's Office; and (2) authorized the Acting City Manager to execute all the necessary documents that may be required. The voting was as follows:

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

The resolution reads as follows:

(E) Signs, marquees and awnings encroaching upon a public right-of-way. No sign, marquee or awning, or any part thereof, or any part of the foundation or support thereof, may be erected or displayed on, over or across any street, road, highway, alley, sidewalk or other public right-of-way, unless an ordinance authorizing such encroachment has been enacted by city council; provided, however, that any banners authorized pursuant to section 9-104(F), political signs authorized by section 9-201(A)(10), signs, marquees and awnings specifically authorized by city council in a commercial zone authorized by section 9-202(B)(4), and 9-202(B)(8), and 9-202(F) and curb signs shall not be subject to this section 9-104(E).

Sec. 9-202 Commercial Zones

(F) A-frame signs. Notwithstanding any provision to the contrary in this ordinance, A-frame signs may be permitted on King Street for businesses within the Central Business District, as defined by Section 8-300, provided they comply with the following provisions:

(a) Application and approval process. An application for an A-frame sign permit shall be submitted and shall include a plan reasonably depicting the location, size, text, appearance and method of installation of the proposed sign to be located in the public right of way, and such additional information as the Director may reasonably require. The Director may approve the application after determining that the proposed sign plan 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.
(b) King Street locations. A maximum of four signs may be located on any one intersection of King Street and each intersecting street, one on each corner.

(c) Eligible businesses. For each sign, eligible businesses include restaurants, retail uses, and retail oriented businesses, which include restaurants and retail and personal services uses, as those terms are defined by this ordinance, located on adjacent blockface on a street within the Central Business District, which street intersects with or is parallel to King Street. Eligible businesses shall not include banks, savings and loans, credit unions and contractor or other offices.
(d) Number of signs. A maximum of one A-frame sign is permitted for all eligible businesses on any eligible blockface.

(e) Size of sign. Signs may not exceed 42 inches in height and 24 inches in width.

(f) Illumination. Illuminated signs are prohibited.

(g) Pedestrian safety. Pedestrian safety shall be preserved through the placement and securing of signs so as to permit safe and adequate pedestrian throughway along the sidewalk, crossing of streets, entry and alighting from cars and buses, and access to curb ramps.

(h) Temporary signs. 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.

(i) Compliance with law. All signs shall comply with all applicable city, state and federal laws and regulations.

(j) Director requirements. Signs shall comply with such additional reasonable terms and conditions as the Director may require and include in the permit.

(B) Exemptions. The following signs shall not be subject to the requirement of section 9-301(A):

(7) A-frame signs authorized and approved pursuant to section 9-202 (F).

LAND DESCRIPTION: 717, 719, 723, 735 N. St. Asaph Street and 716 N. Pitt Street with Tax Map Nos 054.04-10-01. 054.04-10-02, 054.04-10-03, 054.04-10-04, and 054.04-10-05 as shown on attached drawing labeled Attachment #1/Rezoning 2011-0001.

From: CD/Commercial Downtown

To: CDD #20/Coordinated Development District #20

CDD #	CDD Name	Without a CDD Special Use Permit	With a CDD Special Use Permit
			Maximum FAR and/or Development Levels	Maximum Height	Uses
20	Harris Teeter of Old Town North	CD/Commercial Downtown Zone regulations shall apply	The development controls, including FAR and number of units for land within this CDD, as shown in the approved CDD-20 Concept Plan, in addition to the provisions in the Old Town North Small Area Plan. Any proposed development shall conform to the Old Town North Design Guidelines.	The maximum heights shall conform to the CDD-20 Concept Plan	Mix of residential (multifamily and/or townhouse) and retail uses