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Regular Meeting
Tuesday, June 26, 2012 - - 7:00 p.m.

* * * * *

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

Absent: Member of Council Paul C. Smedberg.

Also Present: Mr. Young, City Manager; Mr. Banks, City Attorney; Mr. Johnson, Chief of Staff, City Manager's Office; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Police Captain Ogden; Mr. Lerner, Deputy Director, Transportation and Environmental Services; Ms. Boyd, Special Assistant to the City Manager, City Manager's Office; Mr. Fifer, Office of Communications; Ms. Triggs, Chief Financial Officer; Ms. Taylor, Office of Management and Budget; Mr. Bever, Office of Management and Budget; Fire Chief Thiel; Ms. Collins, Assistant City Manager, City Manager's Office; Ms. Hamer, Director, Planning and Zoning; Mr. Farner, Planning and Zoning; Mr. Spengler, Director, Recreation, Parks and Cultural Activities; Ms. Wedeles, Recreation, Parks and Cultural Activities; Mr. McPike, Director, General Services; Ms. Davis, Director, Office of Housing; Ms. McIlvaine, Deputy Director, Office of Housing; Mr. Martinez, ITS; and Mr. Lloyd.

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

EXECUTIVE SESSION

Consideration of an Executive Session For Personnel Matters.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Krupicka and carried 4-0, City Council moved to go into closed meeting at 6:15 for the purpose of discussion and consideration of the performance of specific appointees of City Council. The voting was as follows:

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

(Councilman Fannon was absent for the vote but joined Council in closed meeting.)

1. Calling the Roll.

Mayor Euille called the meeting to order and the City Clerk called the roll. All members of Council were present, with the exception of Councilman Smedberg, who had an excused absence.

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 13, 2012.

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Vice Mayor Donley and carried unanimously, City Council approved the regular meeting minutes of June 13, 2012. The voting was as follows:

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

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

None.

PROCLAMATIONS

4. Presentation of a Proclamation Recognizing James C. Rees, IV.

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 absent

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (5-14)

(Resignations and Uncontested Appointments)

5. Receipt of the following resignations from Members of Boards, Commissions and Committees:

(a) Real Estate Assessments Review Board


(b) Commission on Aging
(c) Economic Opportunities Commission
(d) Environmental Policy Commission
Jennifer Hovis

(A copy of the above resignations are on file in the Office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 5 (a-d); 6/26/12, and is incorporated as part of this record by reference.)

6. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria-Gyumri Sister Cities Committee
1 Citizen Member

(b) Building Code Board of Appeals
1 Citizen Member

(c) Community Services Board
2 Consumers (Current or Former Direct Recipient of Public or
Private Mental Health, Intellectual Disability or Substance
Abuse Treatment Rehabilitation Services) or Family
Members (Immediate Family Members or the Principal
Caregiver Who Is Not Paid) of Consumer

(d) Convention and Visitors Association Board of Governors
1 Historic Preservation Representative
2 Hotel Owner/Manager Representatives
1 Restaurant Owner/Manager Representative
1 National or International Trade or Professional Association
Executive

(e) Historical Restoration and Preservation Commission
2 Citizen Members

(f) Historic Alexandria Resources Commission
1 Historic Alexandria Foundation Representative

(g) Landlord-Tenant Relations Board
1 Landlord or Representative of a Landlord

(h) Public Health Advisory Commission
1 Citizen Member Who is a Non-health Professional

(i) Real Estate Assessment Review Board
1 Citizen Member

(j) Torpedo Factory Art Center Board
1 Representative of the Alexandria Convention and
Visitors Association

(A copy of the above appointments are on file in the Office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 6 (a-j); 6/26/12, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

7. Consideration of a Grant Application to the Virginia Department of Emergency Management for Acquisition of Equipment to be Used by the Fire Department in Response to a Major Security Event.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/26/12, and is incorporated as part of this record by reference.)

8. Consideration of an Application for an Assistance to Firefighters Grant for Replacement of Self-Contained Breathing Apparatus.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/26/12, and is incorporated as part of this record by reference.)

9. Consideration of Federal Emergency Management Agency State Homeland Security Grant Program Application for the Purchase of Furniture and Equipment for the City's Emergency Operations Center.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/26/12, and is incorporated as part of this record by reference.)

10. Consideration of Authorization of the City's Participation in the U.S. Department of Energy Better Buildings Challenge Program Participation.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/26/12, and is incorporated as part of this record by reference.)

11. Consideration of a Grant Application to the U.S. Department of Health and Human Services for Community Transformation Grant.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/26/12, and is incorporated as part of this record by reference.)

12. Consideration of the Alexandria Community Services Board's FY 2013 Performance Contract with the State.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/26/12, and is incorporated as part of this record by reference.)

13. Consideration of Authorization of Recommended Capital Project Allocations for Alexandria City Public Schools.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/26/12, and is incorporated as part of this record by reference.)

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

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/26/12, and is incorporated as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the consent calendar, with the removal of items 13 and 14, which were considered under separate motions. The City Manager's recommendations were as follows:

5. City Council received the following resignations with regret: (a) Michael Campagna, Real Estate Assessments Review Board; (b) Patricia Sullivan-Perry, Commission on Aging; (c) Sean Rough, Economic Opportunities Commission; and (d) Jennifer Hovis, Environmental Policy Commission.

6. City Council made the following appointments to boards and commissions: appointed Cara Negrette as the one citizen member to the Alexandria-Gyumri Sister Cities Committee; (b) appointed Daniel Wiechert as the one citizen member to the Building Code Board of Appeals; (c) reappointed Leslie Hagan and Susan Thompson as the two consumer members to the Community Services Board; (d) reappointed Christopher Jones as the historic preservation representative, reappointed Tobias Arff and waived the residency requirement and reappointed Michael Barber as the two hotel owner/manager representatives, waived the residency requirement and reappointed John Manor as the restaurant owner/manager representative and waived the residency requirement and reappointed Henry Hart as the national or international trade or professional association executive to the Convention and Visitors Association Board of Governors; (e) reappointed Robert Sennewald and Charles Trozzo as the two citizen members to the Historic Restoration and Preservation Commission; (f) reappointed Osborne Mackie as the Historic Alexandria Foundation representative to the Historic Alexandria Resources Commission; (g) appointed Meloney Driver as the landlord or representative of a landlord to the Landlord-Tenant Relations Board; (h) appointed Hamid Mitchell as the one citizen member who is a non-health professional to the Public Health Advisory Commission; (i) reappointed Anne Rector as the one citizen member to the Real Estate Assessment Review Board; and (j) appointed Jody Manor as the representative of the ACVA to the Torpedo Factory Art Center Board.

7. City Council: 1. authorized the submission of a grant application to VDEM for grant funding totaling $49,200; and 2. authorized the City Manager to execute all necessary documents that may be required.

8. City Council: 1. approved the submission of a grant application to replace 155 Fire Department SCBA's; and 2. authorized the City Manager to execute the necessary documents that may be required.

9. City Council: 1. approved an application to VDEM for a State Homeland Security Grant in the amount of $80,000 to purchase furniture for the EOC; and 2. authorized the City Manager to execute all the necessary documents that may be required.

10. City Council: 1. authorized the City Manager to apply for participation in the US DOE Better Buildings Challenge program; and 2. authorized the City Manager to execute all the necessary documents that may be required.

11. City Council: 1. approved the submission of the grant application (due July 31); and 2. authorized the City Manager to execute all necessary documents.

12. City Council approved the Board's Performance Contract with the State and an increase of 0.25 FTE's to be fully supported by redirecting $18,010 from non-personnel to personnel.

The voting was as follows:

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

13. Consideration of Authorization of Recommended Capital Project Allocations for Alexandria City Public Schools.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/26/12, and is incorporated as part of this record by reference.)

Mr. Bever, Office of Management and Budget, and Ms. Gorsuch, chair, School Board, responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Krupicka and carried unanimously, City Council: 1. accepted the modifications from Alexandria City Public Schools based on actions taken by the School Board on May 24, 2012 regarding their Capital Improvement Program subsequent to City Council approval of the FY 2013 - 2022 CIP on May 7, 2012; and 2. authorized $15,064,999 for capital project allocations as detailed in the ACPS June 2012 allocation request. The voting was as follows:

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

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

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/26/12, and is incorporated as part of this record by reference.)

Ms. Wedeles, Recreation, Parks and Cultural Activities, responded to questions of City Council regarding the Miracle Field.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Krupicka and carried unanimously, City Council authorized $23,868,787 for capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Program expenditure summary. The voting was as follows:

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

CONTESTED APPOINTMENTS

15. Affordable Housing Advisory Committee
1 Residential Tenant in the city

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

NAME: ENDORSED BY:

Marcus Allen
Alice Lin

(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; 6/26/12, 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: no applicant received a majority vote, therefore a second voting was needed. The voting was as follows:

Euille - Allen
Donley - Lin
Fannon - Lin
Hughes - Lin
Krupicka - Allen
Pepper - Allen
Smedberg - absent


WHEREUPON, the ballots were again distributed, tellers were again appointed and the ballots were again tallied with the following results: City Council appointed Marcus Allen as the one residential tenant in the City to the Affordable Housing Advisory Committee.

Euille - Allen
Donley - Lin
Fannon - Lin
Hughes - Allen
Krupicka - Allen
Pepper - Allen
Smedberg - absent

16. Alexandria Marketing Fund Committee
1 Member With Experience or Expertise in Marketing/Communications, Advertising Agency/Public Relations, Media Buyer, Graphic Design/ Production, or Media Relations/Media Outlet

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

NAME: ENDORSED BY:

Nancy Belmont
Illa Brown
Heidi Parsont
Kimberly Putens
Amber Williams Allen

(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; 6/26/12, 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: no applicant received a majority vote, therefore a second voting was needed. The voting was as follows:

Euille - Putens
Donley - Belmont
Fannon - Putens
Hughes - Putens
Krupicka - Belmont
Pepper - Belmont
Smedberg - absent

WHEREUPON, the ballots were again distributed, tellers were again appointed and the ballots were again tallied with the following results: City Council appointed Nancy Belmont as the one member with experience or expertise in marketing/communications, advertising agency/public relations, media buyer, graphic design/production or media relations/media outlet to the Alexandria Marketing Fund Committee.

Euille - Belmont
Donley - Belmont
Fannon - Putens
Hughes - Putens
Krupicka - Belmont
Pepper - Belmont
Smedberg - absent

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

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

NAME: ENDORSED BY:

David Arnaudo
Oscar Fitzgerald
Mark Mueller
John von Senden

(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; 6/26/12, 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 Oscar Fitzgerald and John von Senden as the two citizen members to the Board of Architectural Review - Old and Historic District. The voting was as follows:

Euille - Fitzgerald, von Senden
Donley - Fitzgerald, von Senden
Fannon - Fitzgerald, Mueller
Hughes - von Senden, Mueller
Krupicka - Fitzgerald, von Senden
Pepper - Fitzgerald, von Senden
Smedberg - absent

18. Board of Architectural Review - Parker-Gray Board
1 Architect Representative
2 Citizen Members

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

NAME: ENDORSED BY:

1 architect representative:
William Conkey
Slade Elkins

2 citizen members:
Kathleen Baker
Kevin Scott Brown
Purvi Irwin
Bradley King
Brendan Owens
Sean O'Rourke

(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; 6/26/12, 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 William Conkey as the one architect representative and appointed Purvi Irwin and Brendan Owens as the two citizen members to the Board of Architectural Review - Parker-Gray Board. The voting was as follows:

Euille - Conkey, Irwin, Owens
Donley - Conkey, Irwin, Owens
Fannon - Conkey, Irwin, Owens
Hughes - Conkey, Brown, Irwin
Krupicka - Conkey, Irwin, Owens
Pepper - Conkey, Brown, Owens
Smedberg - absent

19. Commission for the Arts
1 Member Who Represents Arts Education or Business Expertise Relative to Arts and Cultural Development, Including Such Perspectives as Marketing, Finance/Funding, Tourism Promotion and Organizational Development

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

NAME: ENDORSED BY:

Beth Coast
Matthew Stensrud

(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. 19; 6/26/12, 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 appointed Matthew Stensrud as the one member who represents arts education or business expertise relative to arts and cultural development, including such perspectives as marketing, finance/funding, tourism promotion and organizational development to the Commission for the Arts. The voting was as follows:

Euille - Stensrud
Donley - Coast
Fannon - Coast
Hughes - Stensrud
Krupicka - Stensrud
Pepper - Stensrud
Smedberg - absent

20. Convention and Visitors Association Board of Governors
2 Citizen Members
1 Attractions Representative

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

NAME: ENDORSED BY:

2 citizen members:
Robert Kaufman
Willem Polak
Marc Parsont

1 attractions representative:
Stephen Marks (residency waiver required)

(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. 20; 6/26/12, 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 Robert Kaufman and Willem Polak as the two citizen members and waived the residency requirement and appointed Stephen Mark as the one attractions representative to the Convention and Visitors Association Board of Governors. The voting was as follows:

Euille - Kaufman, Polak, Marks
Donley - Kaufman, Polak, Marks
Fannon - Kaufman, Polak, Marks
Hughes - Kaufman, Polak, Marks
Krupicka - Kaufman, Polak, Marks
Pepper - Kaufman, Polak, Marks
Smedberg - absent

21. Environmental Policy Commission
1 Citizen Member

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

NAME: ENDORSED BY:

Ryan Sloan
Stephen Walz

(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. 21; 6/26/12, 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 appointed Stephen Walz as the one citizen member to the Environmental Policy Commission. The voting was as follows:

Euille - Walz
Donley - Walz
Fannon - Walz
Hughes - Walz
Krupicka - Sloan
Pepper - Walz
Smedberg - absent

22. Local Emergency Planning Committee
1 Representative from Law Enforcement and Firefighting Personnel

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

NAME: ENDORSED BY:

Michael Cross (residency waiver required)

(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. 22; 6/26/12, 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 Michael Cross as the one representative from law enforcement and firefighting personnel to the Local Emergency Planning Committee. The voting was as follows:

Euille - Cross
Donley - Cross
Fannon - Cross
Hughes - Cross
Krupicka - Cross
Pepper - Cross
Smedberg - absent

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

23. Consideration of Proposed Virginia American Water Company Rate Increase.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/26/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Krupicka and carried unanimously, City Council opposed the proposed general rate case application that seeks a 15.93 percent overall increase, with a 12.2 percent increase in the Virginia-American Water Company's Alexandria District rates, and authorized the City staff to provide formal comments and concerns as outlined in this report to the State Corporation Commission. The voting was as follows:

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

24. Consideration of a Request for Proposals for the Disposition and Development of 1505 Powhatan Street.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/26/12, and is incorporated as part of this record by reference.)

Mr. McPike, Director, General Services, made a presentation of the staff report and responded to questions of City Council.

WHEREUPON, upon motion by Councilwoman Pepper and seconded by Vice Mayor Donley, City Council moved to authorize the City Manager to issue a request for proposals for the sale and redevelopment of 1505 Powhatan Street, following the process as described in the City Real Estate Disposition Policy.

Councilwoman Hughes asked for a friendly amendment that a portion of the proceeds, should they let a contract as a result of the RFP, go into a special fund to help with pre-K initiatives in the City. The amendment was not acceptable to the maker and seconder of the motion.

The voting on the motion was 4-2 and is as follows:

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

25. Consideration of a Request for Proposals for the Disposition of 509 North Saint Asaph Street and 511, 513, and 515 Oronoco Street.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/26/12, and is incorporated as part of this record by reference.)

Mr. McPike, Director, General Services, made a presentation of the staff report and responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Krupicka and carried unanimously, City Council authorized the City Manager to issue a request for proposals for the sale and redevelopment of 509 North Saint Asaph Street and 511, 513, and 515 Oronoco Street, following the process as described in the City Real Estate Disposition Policy and stated that they will not designate the use of the dollars until they receive them. The voting was as follows:

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

26. Consideration of a Funding Application from Community Lodgings, Inc. for a $300,000 Loan from the Housing Opportunities Fund.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/26/12, and is incorporated as part of this record by reference.)

Ms. Davis, Director, Office of Housing, made a presentation of the report and she, along with Mr. Keeler, Office of Housing, responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Hughes and carried unanimously, City Council: 1. approved a $300,000 loan from the Federal HOME Funds portion of the Housing Opportunities Fund; and 2. authorized the City Manager to execute all necessary documents and agreements. The voting was as follows:

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

27. Consideration of a New Waste-to-Energy Facility Inter-Local Agreement with Arlington County.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/26/12, and is incorporated as part of this record by reference.)

Mr. Johnson, Chief of Staff, noted a few issues the City Attorney and the Arlington County Attorney have been working through the MOU language, and they may have to change some language slightly for legal reasons. He said they ask for flexibility. Mr. Spera, Deputy City Attorney, also responded to questions of City Council.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilwoman Hughes and carried unanimously, City Council: 1. approved an inter-local agreement with Arlington County for the supervision and oversight of the WTE facility according to the terms summarized in the staff report and described in detail in the attachment to the memorandum; and 2. authorized the City Manager to take such actions as are necessary to enter into such an agreement. Adoption was made with the provision that the City Attorney's and City Manager's Offices have flexibility to make non-material changes to the agreement in order to complete the paperwork with Arlington, and if there is anything substantial, it should be brought back to Council in September. The voting was as follows:

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

27.1 Consideration of Approval of the American Association of Museums Accreditation Process of the Office of Historic Alexandria.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27.1; 6/26/12, and is incorporated as part of this record by reference.)

Mr. Mallamo, Director, Office of Historic Alexandria, made a presentation of the report and responded to questions of City Council.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council: 1. approved the Office of Historic Alexandria Departmental Five-Year Department Strategic Plan FY 2012-2016 as an element required by the American Association of Museums accreditation process; and 2. authorized the City Manager to execute all necessary documents that may be required. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

and

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Mayor Euille noted that the City staff had an opportunity to go to New York last Thursday and Friday to present to its credit rating bureau. He complimented the City staff for an excellent presentation, particularly the City Manager for his first go at it for the City of Alexandria. He said he is very comfortable that they are doing everything right and there was some indication that if they could give a 4A rating to the City, Alexandria would be the first City to receive it.

(b) Mayor Euille said the City's birthday celebration is on Saturday, July 7 from 4 to 10 p.m. at Oronoco Bay Park.

(c) Mayor Euille said the City will continue its summer reading program at schools, rec centers and libraries and will do movies under the stars again.

(d) Mayor Euille said the City received a letter from the Environmental Protection Agency Administrator Lisa Jackson congratulating the City for signing on to the EPA's first national standards to protect America's children and family from power plant emissions of dangerous mercury and other toxic air pollutants.

(e) Mayor Euille said he received a telegram from the City's Sister City in Helsingborg, Sweden congratulating the City on the national day of July 4th for the nation's birthday celebration.

(f) Vice Mayor Donley said that when they come back from summer recess, many Councilmembers will be embroiled in political campaigns because the election is in November. He asked that all members refrain from scheduling political activities during official Council business, whether they be work sessions, public hearings or the regular scheduled meetings, as that is part of the Council's service to the public and should be their priority. Council needs to be there fully engaged, on-time and participating in all aspects of the service they were elected to do. He asked that all members reaffirm their elected duties to be fully participating members of City Council in all respects - work sessions, meetings, public hearings or committee meetings.

(g) Councilman Krupicka said he and the Mayor met with the City's School Committee last night and one of the items on the agenda was an update on the school enrollment figures. He said the right now, it looks as if the schools will exceed their current projections for capacity. They are already right on target and there is still quite a few weeks for parents to register children for classes. The short expectations are that they will be about 200 kids over the projections, and the challenge is the schools are abandoning art rooms, music rooms, closets and science rooms and turning everything into a classroom. Some of the places they are seeing extra pressure is in 6th grade. In the short-term, the schools are looking for every way to create classrooms and will potentially bring forward to Council an SUP request to do additional modular units.

(h) Councilwoman Hughes sent a shout out to Judge Gerald Lee and members of the Just the Beginning Foundation for sponsoring a remarkable event for youth all around the country that benefits students who live in Alexandria and Virginia. She recognized Michayla, who is an 8th grader, who gave the closing address at the 8th grade graduation at Hammond Middle School, was chosen from 50 students based on skills she honed in the Alexandria schools. Councilwoman Hughes said McKayla represented Alexandria remarkably well.

(i) Councilwoman Hughes recognized the T.C. Williams crew team, particularly the girls crew team, who has done an exceptional job in competing throughout the season and had the opportunity to go to Camden for the crew team nationals. The girls freshman bronzed at the event and the girls varsity bronzed at the international competition this year, so she asked to have all the crew team members, along with the crew boosters, to celebrate them with a commendation in the Fall.

(j) Councilwoman Hughes said with regard to COG, she serves as the vice chair of the public safety and health committee, and they just had a meeting within the past couple of weeks and one of the things they received was an enumeration report on foster care in the region. They have also scheduled a regional gang conference September 24-28 to be held in Silver Spring, Maryland.

(k) Councilwoman Hughes said picking up on the Vice Mayor's comments, she wanted to caution about making statements about impending and upcoming political campaigns that they don't apply a double standard. She said she said wanted to do a special program to commemorate the 40 year celebration of the establishment of the ad hoc committee on the Status of Women, and wanted to issue commendations, and she was told that no commendations would be signed until after the November election. She said that awhile ago, she received an email asking Council for the month of October to pick a series of dates they would be able to commemorate public art and put it on their calendars, which is before the November election. She said that tonight, they are having a conversation about not wanting to get public duties mixed up with events related to campaigns.

Vice Mayor Donley said he agreed wholeheartedly, but specifically what he was talking about when they had an executive session before this meeting, everyone should be there, and when it had a work session in a previous meeting, everyone should be there, and when Council convenes at 7:00, everyone should be there. They should not be having political fundraisers on nights that are reserved by Charter to be their Council meeting nights. Service on the Council should take precedent, they should come to the meetings fully prepared and engaged in order to participate. If they are absent because they want to attend a political fundraiser for their own campaigns, in his estimation, that is a misguided sense of priority and one that ignores the oath of office.

Councilwoman Hughes said that when the gavel dropped this evening for the Council meeting, she was sitting in her chair. She said she didn't know that anyone had a 100 percent attendance rating. She said she calculated her attendance and said it was over 93 percentile that she was present. She said if there is a work session that she has a work conflict that precludes her presence, those have been few and far between.

Vice Mayor Donley said his comments were not directed at a particular person. He said he has been on Council for 18 years and has missed two meetings and she has missed more meetings than that in her first year on Council.

Mayor Euille said there has been no decision made with regard to an arts event in October and it was not to be a City sponsored event but rather an arts community organization that was requesting clearance for the event.

ORAL REPORT FROM THE CITY MANAGER

None.

ORDINANCES AND RESOLUTIONS

28. Public Hearing, Second Reading and Final Passage 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.) (#13, 6/16/2012) [ROLL-CALL VOTE]

(A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/26/12, 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. 28; 6/26/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Hughes and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance to rezone the property at 100 South Picket Street (The Delaney.) The voting was as follows:

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

The ordinance reads as follows:

ORDINANCE NO. 4769

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)


WHEREAS, the City Council finds and determines that:

1. In Rezoning No. 2012-0001 the Planning Commission, having found that the public necessity, convenience, general welfare and good zoning practice so require, recommended approval to the City Council on June 5, 2012 of a rezoning of the property at 100 South Pickett Street from CG/Commercial General to CRMU-M/Commercial Residential Mixed Use (Medium) with Proffers, which recommendation was approved by the City Council at public hearing on June 16, 2012;

2. The said rezoning is in conformity with the Master Plan of the City of Alexandria, Virginia, as amended;

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 Sheet No. 58.02 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing amendment on the said map.

Section 3. That Sheet No. 58.02 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective on the date and at the time of its final passage.

29. Public Hearing, Second Reading and Final Passage 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.) (#14, 6/16/2012) [ROLL-CALL VOTE]

(A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/26/12, 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. 29; 6/26/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance for the master plan for property at 100 South Pickett Street (The Delaney.) The voting was as follows:

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

The ordinance reads as follows:

ORDINANCE NO. 4770

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)

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

1. In Master Plan Amendment No. 2012-0002, the planning commission, having found that the public necessity, convenience, general welfare and good zoning practice so require, recommended approval to the City Council on June 5, 2012 of an amendment to the Landmark/Van Dorn Small Area Plan Chapter of the Master Plan of the City of Alexandria, by changing the land use designation of the property at 100 South Pickett Street, from CG/Commercial General to CRMU-M/Commercial Residential Mixed Use (Medium) with Proffers and the height map from 50 feet to 77 feet maximum height which recommendation was approved by the City Council at public hearing on June 16, 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 Land Use Plan of the Landmark/Van Dorn Small Area Plan Chapter of the Master Plan of the City of Alexandria, be, and the same hereby is, amended by changing the land use designation of the property at 100 South Pickett Street, from CG/Commercial General to CRMU-M/Commercial Residential Mixed Use (Medium) with Proffers and the height map from 50 feet to 77 feet maximum height.

Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing master plan map amendments, as part of the Landmark/Van Dorn Small Area Plan Chapter of Master Plan of the City of Alexandria, Virginia.

Section 3. That all provisions of the Landmark-Van Dorn Small Area Plan Chapter of the 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.

30. Public Hearing, Second Reading and Final Passage 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) (#16, 6/16/2012) [ROLL-CALL VOTE]

(A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/26/12, 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. 30; 6/26/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance for the master plan for Carlyle Plaza II. The voting was as follows:

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

The ordinance reads as follows:

ORDINANCE NO. 4771

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)

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

1. In Master Plan Amendment No. 2012-0001, the planning commission, having found that the public necessity, convenience, general welfare and good zoning practice so require, recommended approval to the City Council on June 5, 2012 of an amendment to the Eisenhower East Small Area Plan Chapter of the Master Plan of the City of Alexandria, by revising Figure 4-10 of the Eisenhower East Small Area Plan to consolidate blocks 26A, 26B and 29 into one new block, increase the allowable height of that block to 375 feet and add related notes and conditions to Figure 4-10 which recommendation was approved by the City Council at public hearing on June 16, 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 Land Use Plan of the Eisenhower East Small Area Plan Chapter of the Master Plan of the City of Alexandria, be, and the same hereby is, amended with the following changes:

Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing master plan map amendments, as part of the Eisenhower East Small Area Plan Chapter of Master Plan of the City of Alexandria, Virginia.

Section 3. That all provisions of the Eisenhower East Small Area Plan Chapter of the 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.

31. Deferral from June 16, 2012: 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. (#24, 6/26/2012, #8, 6/13/2012) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/26/12, 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. 31; 6/26/12, 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. 31; 6/26/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried unanimously by roll-call vote, City Council adopted the ordinance for the use of parking pay stations and increasing penalties for violations. The voting was as follows:

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

The ordinance reads as follows:

ORDINANCE NO. 4772

AN ORDINANCE to amend and reordain Section 3-2-354 of Article S (PAYMENT, CONTEST AND ENFORCEMENT OF PARKING CITATIONS) of Chapter 2 (Taxation) of Title 3 (Finance, Taxation and Procurement); to add and ordain Section 5-8-97 of Article G (PARKING METERS) of Chapter 8 (PARKING AND TRAFFIC REGULATIONS) of Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES); and to amend and reordain Sections 10-4-22, 10-4-23, 10-4-24, 10-4-25, 10-4-26, 10-4-27, 10-4-29 all of Article C (RESERVED) of Chapter 4 (STOPPING, STANDING AND PARKING) of Title 10 (MOTOR VEHICLES AND TRAFFIC); of the Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-354 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:

Sec. 3-2-354 - Penalties for uncontested citations.

Any other provisions of this code to the contrary notwithstanding, the penalty for any of the following violations of this code shall, when the citation which was issued for the violation is uncontested, be as follows:

(a) If a payment is tendered to the director of finance within 30 calendar days from the date the citation was issued:

(1) $40 for a violation of section 10-4-1, "Stopping contrary to directions of police officers;"

(2) $40 for a violation of section 10-4-2, "Permitting vehicle to remain parked contrary to the directions of an official sign;"

(3) $40 for a violation of section 10-4-3, "Right to parking space;"

(4) $40 for a violation of section 10-4-4, "Stopping so as to obstruct traffic or on crossing;"

(5) $40 for a violation of section 10-4-5, "Double parking;"

(6) $40 for a violation of section 10-4-6, "Parking trucks or commercial vehicles in residential districts;"

(7) $40 for a violation of section 10-4-7, "Parking of vehicles by businesses on streets;"

(8) $25 for a violation of section 10-4-8, "Parking for more than 72 continuous hours;"

(9) $40 for a violation of section 10-4-9, "Parking trailers or recreational vehicles in residential districts;"

(10) $40 for a violation of section 10-4-10, "Parking on sidewalk;"

(11) $40 for a violation of section 10-4-11, "Parking in alleys or courts;"

(12) $40 for a violation of section 10-4-12, "Parking of vehicles on private property;"

(13) $40 for a violation of section 10-4-13, "Stopping for purpose of sale, repairs, etc.;"

(14) $40 for a violation of section 10-4-14, "Use of bus stops;"

(15) $40 for a violation of section 10-4-15, "Stopping for loading or unloading passengers or cargo generally;"

(16) $40 for a violation for section 10-4-16, "Permit for parking truck beside railroad car on public right-of-way;"

(17) $40 for a violation of section 10-4-17, "Angle parking for loading and unloading;"

(18) $40 for a violation of section 10-4-18, "Use of loading zones;"

(19) The amount set by order of the Supreme Court of Virginia, pursuant to Section 16.1-69.40:1 of the Code of Virginia, as amended, for a violation of subsection (a) of section 10-3-1242, "Parking in spaces reserved for persons with a disability;"

(20) $3540 for a violation of section 10-4-22, "How meter and space to be used; how pay station and space to be used;"

(21) $3540 for a violation of section 10-4-23, "Overtime parking;"

(22) $3540 for a violation of section 10-4-24, "Depositing coin or payment in meter or station for purpose of extending time;"

(23) $3540 for a violation of section 10-4-25, "Permitting vehicle to remain parked at meter after expiration of time limit; permitting vehicle to remain parked in block with pay station after expiration of time limit"

(24) $40 for a violation of section 10-4-28, "Parking across lines designated parking space;"

(25) $40 for a violation of section 10-4-30, "Interfering with enforcement of chapter;"

(26) $40 for a violation of section 10-4-33, "Use of metered parking lots by vehicles other than private passenger automobiles;"

(27) $40 for a violation of section 10-4-34, "Parking illegally in permit parking districts;"

(28) $40 for a violation of section 5-8-114, "Designation of parking spaces; parking across lines;"

(29) $40 for a violation of section 10-4-40, "Location of parked vehicles;"

(30) $40 for a violation of section 10-4-37, "Failure to procure and display city license plate, windshield tag or decal;"

(30A) $40 for a violation of section 10-4-37.1, "Enforcement of the Northern Virginia Local Motor Vehicle License Compact;"

(31) $40 for a violation of section 10-4-38, "Parking without display of current state inspection sticker or current state license plate;"

(32) $40 for a violation of section 10-4-39, "Temporary parking prohibited;"

(33) $40 for a violation of section 9-12-162, "Use of locations other than designated parking spaces by sight-seeing buses;"

(34) $40 for a violation of section 9-12-163, "Use of parking spaces designated for use by sight-seeing buses by other vehicles;

(35) $40 for a violation of section 9-12-164, "Use of designated spaces by sight-seeing buses;"

(36) The amount set by order of the Supreme Court of Virginia, pursuant to Section 16.1-69.40:1 of the Code of Virginia, as amended, for a violation of section 10-4-41, "Parking prohibited at certain locations;"

(37) The amount set by order of the Supreme Court of Virginia, pursuant to Section 16.1-69.40:1 of the Code of Virginia, as amended, for a violation of section 10-4-42, "Parking prohibited near fire hydrant, etc.;"

(38) $40 for a violation of section 10-4-35, "Parking in two-hour parking zones in the central business district;"

(39) $40 for a violation of section 10-4-36, "Removal of chalk marks placed for enforcement purposes;"

(40) $40 for a violation of section 3-2-336, "Offenses relating to city license plate, windshield and decal."

(b) If payment is not tendered to the director of finance with 30 calendar days of the date the citation is issued, a penalty of $25 in addition to the penalty imposed by subsection (a) for the violation for which the citation was issued; provided, that, in the event the 30th calendar day from the date the citation is issued is a Saturday, Sunday or legal holiday, such additional penalty shall not be imposed if payment is tendered in the amount required by subsection (a) on the next succeeding business day; provided further, that if payment is remitted to the director of finance in a sealed envelope bearing a postmark on or before midnight of the 30th calendar day from the date the citation is issued, no such additional penalty shall be imposed; and provided further, that the director of finance may waive such additional penalty, even though payment has not been tendered or mailed within 30 calendar days of the date the citation was issued, whenever the owner of the vehicle identified in the citation establishes any of the following to the satisfaction of the director:

(i) that the owner did not find the citation at the time of its issuance on the owner's vehicle and only learned of the citation after the day on which it was issued, and has tendered the required payment with 30 days of first learning of the citation;

(ii) that, within 30 days after the issuance of the citation or, if later, after first learning of the citation, the owner has made a written request to the director for information concerning the citation, and has tendered the required payment within 30 days of the director's response; or

(iii) that the owner was medically incapable of making the required payment within 30 calendar days of the date the citation was issued.

(c) In addition to the fees and charges imposed pursuant to subsections (a) and (b) hereof, upon collection the director of finance shall impose on each person chargeable with a delinquent parking citation fees to cover the administrative costs and reasonable attorney's or collection agency fees actually contracted for. The attorney's or collection agency's fees shall not exceed 20 percent of charges collected. The administrative costs shall not exceed $30 for any amount collected subsequent to 30 days or more after notice of a delinquent parking citation is provided by the director of finance but prior to taking judgment and shall not exceed $35 for any amount collected subsequent to judgment

Section 2. That Section 5-8-97 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, added by inserting new language as follows:

Sec. 5-8-97 - How parking pay stations to be installed; operation generally.

(a) The parking pay stations shall be placed upon the curb alongside of or next to individual parking places within a block, which parking places shall be either parallel to or diagonal with the curb.

(b) Each parking pay station shall print a receipt that indicates legal parking in a parking space within the block, upon the deposit of a coin or coins of the United States or other authorized payment, for a period of time conforming to the parking limits specified in this article.

(d) The printed parking pay station receipt will indicate when the parking period expires.

Section 3. That Section 10-4-22 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:

Sec. 10-4-22 - How meter and space to be used; how pay station and space to be used.

(a) When any vehicle shall be parked in any metered space, in accordance with the provisions of this chapter, the operator of such vehicle shall, upon entering such parking space, immediately deposit or cause to be deposited the proper coin or coins of the United States in the parking meter, and when required by directions on a meter, the operator shall also set or cause to be set in operation the timing mechanism on the meter in accordance with directions, and the parking space may then be used by a vehicle during the parking period purchased by the proper coin or coins deposited in accordance with the provisions of this section and this chapter. Any person placing a vehicle in a parking space adjacent to a meter which indicates that unused time has been left in the meter by the previous occupant of the space shall not be required to deposit a coin as long as his occupancy of such space does not exceed the indicated unused parking time.

(b) When any vehicle shall be parked in any pay station space, in accordance with the provisions of this chapter, the operator of such vehicle shall, upon entering such parking space, immediately deposit or cause to be deposited the proper coin or coins of the United States or other authorized payment in the parking pay station, the operator shall place the parking pay station receipt in the front window of the vehicle in an unobstructed location or in vehicles with no front window in another conspicuous location, and the parking space may then be used by a vehicle during the parking period purchased by the proper coin or coins or other authorized payment deposited in accordance with the provisions of this section and this chapter.

Section 4. That Section 10-4-23 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:

Sec. 10-4-23 - Overtime parking.

It shall be unlawful for the operator of any vehicle or for any person in whose name a vehicle is registered to cause, allow, permit or suffer any such vehicle to be parked overtime in any parking meter or pay station space.

Section 5. That Section 10-4-24 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:

Sec. 10-4-24 - Depositing coin or payment in meter or pay station for purpose of extending time.

It shall be unlawful for any person to deposit or cause to be deposited in a parking meter or parking pay station a coin or coins or other authorized payment for the purpose of extending the parking time beyond maximum limits specified in sections 5-8-93 and 5-8-116 of this code.

Section 6. That Section 10-4-25 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:

Sec. 10-4-25 - Permitting vehicle to remain parked at meter after expiration of time limit; permitting vehicle to remain parked in block with pay station after expiration of time limit.

(a) It shall be unlawful for any person to permit a vehicle to remain or be placed in any parking space alongside of or next to which any parking meter is placed while the meter is displaying a signal showing that the vehicle shall have been already parked beyond the time for which a coin has been deposited.

(b) It shall be unlawful for any person to permit a vehicle to remain or be placed in any parking space in the same block as any pay station while the pay station receipt indicates that the vehicle shall have been already parked beyond the time for which a coin or other authorized payment has been deposited.

Section 7. That Section 10-4-26 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:

Sec. 10-4-26 - Use of slugs, etc., in meters or pay station.

It shall be unlawful for any person to deposit or cause to be deposited in any parking meter or pay station any slug, device or metallic substance, or any other substitute for a coin of the United States. Any person violating this section shall, upon conviction, be punished as provided in section 10-1-19 of this code.

Section 8. That Section 10-4-27 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:

Sec. 10-4-27 - Injuring or tampering with meters or pay stations.

It shall be unlawful for any person willfully to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter or pay station. Any person violating this section shall, upon conviction, be punished as provided in section 10-1-19 of this code.

Section 9. That Section 10-4-29 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:

Sec. 10-4-29 - Deposit in meters and pay stations levied as police regulation and inspection fee.

The coins or other authorized payment required to be deposited as provided in this chapter are hereby levied as police regulation and inspection fees to cover the cost of inspection and regulation involved in the inspection, installation, operation, control and use of the parking spaces and parking meters and pay stations described in this chapter and involved in regulating the parking of vehicles in the parking meter zones and pay station zones and lots created by this code.

Section 10. That this ordinance shall become effective upon the date and at the time of its final passage.

32. Consideration of a Resolution to Establish a Beauregard Rezoning Advisory Group. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/26/12, and is incorporated as part of this record by reference.)

Mayor Euille noted that the following members are appointed to the group: Mike Caison, Affordable Housing Advisory Committee; Stephen Walz, Environmental Policy Commission; Steve Beggs, Park and Recreation Commission; Donna Fossum, Planning Commission; Kevin Posey, Transportation Commission. The citizen members are: David Baker (chair), Carolyn Griglione, Dave Cavanaugh, Don Buch, and Hector Pineda.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously by roll-call vote, City Council passed the resolution to establish a Beauregard Rezoning Advisory Group. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2507

WHEREAS, City Council wishes to establish a Beauregard Rezoning Advisory Group; and

WHEREAS, the Beauregard Rezoning Advisory Group will comment on elements of the rezoning(s) to ensure that they are consistent with the Beauregard Small Area Plan, make recommendations to the Planning Commission and City Council, and conduct specified tasks outlined in this resolution; and

WHEREAS, if requested by City Council and agreed on by the Beauregard Rezoning Advisory Group, this Advisory Group would provide recommendations on rezoning and planned redevelopment for the Landmark North Redevelopment Area in addition to its initial Beauregard Plan rezoning mission.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

1. That there is hereby established the Beauregard Rezoning Advisory Group (the “Advisory Group”).

2. That the Advisory Group shall consist of 11 members, and the composition of the group shall be as follows: Total (11)

3. That the Chairs of the above named Commissions and Committees shall nominate a member of their group to serve on the Advisory Group. 4. That the Mayor shall appoint the members and designate the Chair of the Advisory Group. 5. That the mission of the Advisory Group shall be to provide recommendations to City staff on the Beauregard rezoning(s) on the tasks defined herein to ensure consistency with the Beauregard Small Area Plan (excluding affordable housing). 6. That the Advisory Group complete the following tasks to ensure consistency with the Beauregard Small Area Plan: 7. That the Advisory Group would not necessarily need to develop a consensus position, broker a compromise or take formal votes. There may be differing opinions reported to City Council. 8. That there should be an understanding that the Advisory Group is not tasked with developing a new Beauregard Small Area Plan, and/or propose revisions and/or amendments to the approved Beauregard Small Area Plan. 9. That staff assistance to the Advisory Group shall be managed by the Department of Planning and Zoning with staff assistance from other City departments and offices as needed. 10. That the Advisory Group shall meet on a regular basis. The Advisory Group shall forward a letter to the Director of Planning and Zoning, which shall include comments and/or recommendations of the Advisory Group regarding the proposed rezoning(s) and their consistency with the Beauregard Small Area Plan. The letter shall be transmitted to the Planning Commission and City Council as part of the Beauregard rezoning(s) application(s). 11. The Advisory Group shall provide recommendations on the Beauregard rezoning(s) and, if requested by City Council and agreed to by the Advisory Group, in regard to the Landmark North rezoning(s). If the City Council determines that the Advisory Group will also provide recommendations on Landmark North rezoning(s), the composition of the Advisory Group may be expanded and/or altered by City Council. 12. The Advisory Group shall sunset when the Beauregard rezoning(s) decisions are made by City Council, or if applicable, after decisions are made by City Council in regard to the planned development and rezoning for the Landmark North area.

33. Consideration of a Transfer Resolution for FY 2012 General Fund Operating Budget. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/26/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously by roll-call vote, City Council passed the transfer resolution for general fund operating budget. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2508

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

WHEREAS, it is the desire of the City Council to take the action necessary to transfer budget authority among City departments to adjust these accounts;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alexandria, Virginia that the Director of Finance, be, and hereby is, authorized to make the following appropriations transfers between the General Fund accounts designated:

TRANSFER APPROPRIATIONS FROM:

Non-Departmental 1,025,000
Transportation and Environmental Services 150,000
Health 250,000
Community and Human Services 250,000
Recreation 300,000
Management and Budget 120,000

TOTAL: $2,095,000

TRANSFER APPROPRIATIONS TO:

Fire $1,895,000
Emergency Communications 150,000
Registrar of Voters 50,000


TOTAL: $2,095,000

34. Consideration of a Resolution to Amend the City's Employee Retirement Plan. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/26/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried unanimously by roll-call vote, City Council passed the resolution to amend the City employee retirement plan. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2509

WHEREAS, the City of Alexandria maintains the “City of Alexandria Firefighters and Police Officers Pension Plan” (the “Fire and Police Plan”); the “City of Alexandria Supplemental Retirement Plan” (the “Supplemental Plan”); and the “City of Alexandria Pension Plan for Firefighters and Police Officers” (the “Old Plan”);

WHEREAS, the City of Alexandria desires to adopt and incorporate certain amendments to the above plans as set forth in the attached hereto.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA THAT the Alexandria City Council does hereby recognize, adopt, amend, and approve the Fire and Police Plan, the Supplemental Plan, and the Old Plan to incorporate the amendments attached hereto and incorporated fully herein by reference; and

BE IT FURTHER RESOLVED THAT this Resolution shall be effective immediately; provided however, that the amendments hereby approved shall be effective as stated in each plan.

35. Consideration of a Resolution Approving All American Ambulance and Transport to Provide Inter-Facility Transport in the City of Alexandria. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/26/12, 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 passed the resolution approving All American Ambulance Transport to provide inter-facility transport. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2510

WHEREAS, All American Ambulance & Transport currently operates as a licensed EMS agency in Maryland and the District of Columbia providing inter-facility transports in the Washington, D.C. Metropolitan area; and

WHEREAS, All American Ambulance & Transport wishes to expand into Northern Virginia and include the City of Alexandria for purposes of inter-facility transports; and

WHEREAS, All American Ambulance & Transport intends to provide inter-facility Basic Life Saving, Advanced Life Saving, Bariatric, and wheelchair van or sedan medical transport services in the City of Alexandria and in no way compete with nor respond to medical emergencies within the City; and

WHEREAS, All American Ambulance & Transport has requested licensure in the Commonwealth of Virginia to allow them to operate in the Commonwealth to include the City of Alexandria.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA

on this date of June 26, 2012, the Alexandria City Council does hereby approve All American Ambulance & Transport to operate within the City of Alexandria, Virginia.

36. Consideration of a Resolution Authorizing the Use of Eminent Domain to Acquire Necessary Right-of-Way for the King Street/Beauregard Street Intersection Improvement Project. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/26/12, and is incorporated as part of this record by reference.)

Ms. Baker, City Engineer, Transportation and Environmental Services, stated that they have agreements from two property owners, Arlington Condominiums and five parcels owned by the Talbert Foundation and they do not need the resolutions associated with those. Mr. Spera, Deputy City Attorney, also responded to questions of City Council.

WHEREUPON, a motion was made by Councilman Krupicka and seconded by Vice Mayor Donley, that City Council pass the resolution authorizing the use of eminent domain to acquire right-of-way at 4622 King Street for the King Street/Beauregard Street intersection improvement project.

A MOTION WAS MADE by Councilman Fannon so the bottom three properties are excluded to continue negotiations through the summer, and if things aren't realized then, then Council could address the final three parcels in September. The amendment was not acceptable to the maker and seconder of the motion.

The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2512
RESOLUTION TO AUTHORIZE USE OF QUICK TAKE EMINENT DOMAIN AUTHORITY TO ACQUIRE REAL PROPERTY FOR USE AS PUBLIC RIGHT OF WAY

WHEREAS, the City of Alexandria, Virginia desires to acquire certain real property located in the City at 4622 King Street & 4600 King Street; and

WHEREAS, the City is empowered by Chapter 13 of its charter to acquire by eminent domain private property for the purpose of carrying out its powers and duties; and

WHEREAS, the City Council finds and determines that the acquisition of the real property located at 4622 King Street & 4600 King Street is necessary and convenient to complete the improvements of the public right of way at the intersection of King Street and Beauregard Street; and

WHEREAS, the City Council further finds and determines that a public necessity exists for the acquisition of the referenced property for such aforesaid public uses and purposes; and

WHEREAS, the City Council finds that good faith efforts by staff to acquire the real property by agreement, pursuant to procedures set forth by the Virginia Department of Transportation and the Federal Highway Administration, as applicable, have been unsuccessful; and

WHEREAS, the City Council has determined that the value of the property to be acquired is $1,020,900.00; and

WHEREAS, the City Council wishes to authorize the City Manager and the City Attorney to proceed with the acquisition of the real property pursuant to Section 13.03 of the City Charter.

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

1. That the City Manager and City Attorney be, and hereby are, authorized and directed to proceed with the filing of a petition in the Circuit Court for the City of Alexandria, Virginia, deposit of the sum of $1,020,900.00 to the credit of the court and take all other steps necessary pursuant to Section 13.03 of the City Charter to effectuate the acquisition of the property; and

2. That the City Manager and City Attorney be, and hereby are, authorized and directed to take such additional actions as may be necessary or convenient to accomplish the acquisition of the property as required by this Resolution; and

3. That the City Clerk be, and hereby is, authorized and directed to affix the seal of the City to such documents as may be necessary or convenient to accomplish the acquisition of the property as required by this Resolution; and

4. That this Resolution shall be effective immediately.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried unanimously by roll-call vote, City Council passed the resolution authorizing the use of eminent domain to acquire right-of-way at 4520 King Street for the King Street/Beauregard Street intersection improvement project. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2514
RESOLUTION TO AUTHORIZE USE OF QUICK TAKE EMINENT DOMAIN AUTHORITY TO ACQUIRE REAL PROPERTY FOR USE AS PUBLIC RIGHT OF WAY

WHEREAS, the City of Alexandria, Virginia desires to acquire certain real property located in the City at 4520 King Street; and

WHEREAS, the City is empowered by Chapter 13 of its charter to acquire by eminent domain private property for the purpose of carrying out its powers and duties; and

WHEREAS, the City Council finds and determines that the acquisition of the real property located at 4520 King Street is necessary and convenient to complete the improvements of the public right of way at the intersection of King Street and Beauregard Street; and

WHEREAS, the City Council further finds and determines that a public necessity exists for the acquisition of the referenced property for such aforesaid public uses and purposes; and

WHEREAS, the City Council finds that good faith efforts by staff to acquire the real property by agreement, pursuant to procedures set forth by the Virginia Department of Transportation and the Federal Highway Administration, as applicable, have been unsuccessful; and

WHEREAS, the City Council has determined that the value of the property to be acquired is $1,072,246.00; and

WHEREAS, the City Council wishes to authorize the City Manager and the City Attorney to proceed with the acquisition of the real property pursuant to Section 13.03 of the City Charter.

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

1. That the City Manager and City Attorney be, and hereby are, authorized and directed to proceed with the filing of a petition in the Circuit Court for the City of Alexandria, Virginia, deposit of the sum of $1,072,246.00 to the credit of the court and take all other steps necessary pursuant to Section 13.03 of the City Charter to effectuate the acquisition of the property; and

2. That the City Manager and City Attorney be, and hereby are, authorized and directed to take such additional actions as may be necessary or convenient to accomplish the acquisition of the property as required by this Resolution; and

3. That the City Clerk be, and hereby is, authorized and directed to affix the seal of the City to such documents as may be necessary or convenient to accomplish the acquisition of the property as required by this Resolution; and

4. That this Resolution shall be effective immediately.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried 4-2 by roll-call vote, City Council passed the resolution authorizing the use of eminent domain to acquire right-of-way at 4474 King Street for the King Street/Beauregard Street intersection improvement project. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2515
RESOLUTION TO AUTHORIZE USE OF QUICK TAKE EMINENT DOMAIN AUTHORITY TO ACQUIRE REAL PROPERTY FOR USE AS PUBLIC RIGHT OF WAY

WHEREAS, the City of Alexandria, Virginia desires to acquire certain real property located in the City at 4474 King Street; and

WHEREAS, the City is empowered by Chapter 13 of its charter to acquire by eminent domain private property for the purpose of carrying out its powers and duties; and

WHEREAS, the City Council finds and determines that the acquisition of the real property located at 4474 King Street is necessary and convenient to complete the improvements of the public right of way at the intersection of King Street and Beauregard Street; and

WHEREAS, the City Council further finds and determines that a public necessity exists for the acquisition of the referenced property for such aforesaid public uses and purposes; and

WHEREAS, the City Council finds that good faith efforts by staff to acquire the real property by agreement, pursuant to procedures set forth by the Virginia Department of Transportation and the Federal Highway Administration, as applicable, have been unsuccessful; and

WHEREAS, the City Council has determined that the value of the property to be acquired is $30,729.00; and

WHEREAS, the City Council wishes to authorize the City Manager and the City Attorney to proceed with the acquisition of the real property pursuant to Section 13.03 of the City Charter.

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

1. That the City Manager and City Attorney be, and hereby are, authorized and directed to proceed with the filing of a petition in the Circuit Court for the City of Alexandria, Virginia, deposit of the sum of $30,729.00 to the credit of the court and take all other steps necessary pursuant to Section 13.03 of the City Charter to effectuate the acquisition of the property; and

2. That the City Manager and City Attorney be, and hereby are, authorized and directed to take such additional actions as may be necessary or convenient to accomplish the acquisition of the property as required by this Resolution; and

3. That the City Clerk be, and hereby is, authorized and directed to affix the seal of the City to such documents as may be necessary or convenient to accomplish the acquisition of the property as required by this Resolution; and

4. That this Resolution shall be effective immediately.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried 4-2 by roll-call vote, City Council passed the resolution authorizing the use of eminent domain to acquire right-of-way at 2800 North Hampton Drive for the King Street/Beauregard Street intersection improvement project. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2516
RESOLUTION TO AUTHORIZE USE OF QUICK TAKE EMINENT DOMAIN AUTHORITY TO ACQUIRE REAL PROPERTY FOR USE AS PUBLIC RIGHT OF WAY

WHEREAS, the City of Alexandria, Virginia desires to acquire certain real property located in the City at 2800 N. Hampton Drive; and

WHEREAS, the City is empowered by Chapter 13 of its charter to acquire by eminent domain private property for the purpose of carrying out its powers and duties; and

WHEREAS, the City Council finds and determines that the acquisition of the real property located at 2800 N. Hampton Drive is necessary and convenient to complete the improvements of the public right of way at the intersection of King Street and Beauregard Street; and

WHEREAS, the City Council further finds and determines that a public necessity exists for the acquisition of the referenced property for such aforesaid public uses and purposes; and

WHEREAS, the City Council finds that good faith efforts by staff to acquire the real property by agreement, pursuant to procedures set forth by the Virginia Department of Transportation and the Federal Highway Administration, as applicable, have been unsuccessful; and

WHEREAS, the City Council has determined that the value of the property to be acquired is $251.00; and

WHEREAS, the City Council wishes to authorize the City Manager and the City Attorney to proceed with the acquisition of the real property pursuant to Section 13.03 of the City Charter.

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

1. That the City Manager and City Attorney be, and hereby are, authorized and directed to proceed with the filing of a petition in the Circuit Court for the City of Alexandria, Virginia, deposit of the sum of $251.00 to the credit of the court and take all other steps necessary pursuant to Section 13.03 of the City Charter to effectuate the acquisition of the property; and

2. That the City Manager and City Attorney be, and hereby are, authorized and directed to take such additional actions as may be necessary or convenient to accomplish the acquisition of the property as required by this Resolution; and

3. That the City Clerk be, and hereby is, authorized and directed to affix the seal of the City to such documents as may be necessary or convenient to accomplish the acquisition of the property as required by this Resolution; and

4. That this Resolution shall be effective immediately.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried 4-2 by roll-call vote, City Council passed the resolution authorizing the use of eminent domain to acquire right-of-way at 3400 North Beauregard Street for the King Street/Beauregard Street intersection improvement project. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2511
RESOLUTION TO AUTHORIZE USE OF QUICK TAKE EMINENT DOMAIN AUTHORITY TO ACQUIRE REAL PROPERTY FOR USE AS PUBLIC RIGHT OF WAY

WHEREAS, the City of Alexandria, Virginia desires to acquire certain real property located in the City at 3400 N. Beauregard Street; and

WHEREAS, the City is empowered by Chapter 13 of its charter to acquire by eminent domain private property for the purpose of carrying out its powers and duties; and

WHEREAS, the City Council finds and determines that the acquisition of the real property located at 3400 N. Beauregard Street is necessary and convenient to complete the improvements of the public right of way at the intersection of King Street and Beauregard Street; and

WHEREAS, the City Council further finds and determines that a public necessity exists for the acquisition of the referenced property for such aforesaid public uses and purposes; and

WHEREAS, the City Council finds that good faith efforts by staff to acquire the real property by agreement, pursuant to procedures set forth by the Virginia Department of Transportation and the Federal Highway Administration, as applicable, have been unsuccessful; and

WHEREAS, the City Council has determined that the value of the property to be acquired is $177,521.00; and

WHEREAS, the City Council wishes to authorize the City Manager and the City Attorney to proceed with the acquisition of the real property pursuant to Section 13.03 of the City Charter.

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

1. That the City Manager and City Attorney be, and hereby are, authorized and directed to proceed with the filing of a petition in the Circuit Court for the City of Alexandria, Virginia, deposit of the sum of $177,521.00 to the credit of the court and take all other steps necessary pursuant to Section 13.03 of the City Charter to effectuate the acquisition of the property; and

2. That the City Manager and City Attorney be, and hereby are, authorized and directed to take such additional actions as may be necessary or convenient to accomplish the acquisition of the property as required by this Resolution; and

3. That the City Clerk be, and hereby is, authorized and directed to affix the seal of the City to such documents as may be necessary or convenient to accomplish the acquisition of the property as required by this Resolution; and

4. That this Resolution shall be effective immediately.

OTHER

37. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated June 21, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/26/12, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Krupicka and carried unanimously, City Council: 1. moved the Council installation from January 1, 2013 to January 2, 2013 at 7:00 p.m. with location to be determined; and 2. approved the City Council schedule through August 2012. The voting was as follows:

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

EXECUTIVE SESSION

38. Consideration of an Executive Session For Personnel Matters.

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Krupicka and carried unanimously, City Council continued in closed executive session at 9:31 p.m., pursuant to the Code of Virginia, for the purpose of discussion and consideration of the performance of specific appointees of City Council. The voting was as follows:

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

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Krupicka and carried unanimously, City Council reconvened in open session at 10:28 p.m. The voting was as follows:

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

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Krupicka and carried unanimously by roll-call vote, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 2517

WHEREAS, the Alexandria City Council has this 26th day of June 2012, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the city council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED, that the city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.

* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Hughes, seconded by Councilwoman Pepper and carried unanimously, City Council adjourned the regular meeting of June 26, 2012 at 10:29 p.m. The voting was as follows:

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


APPROVED BY:

_____________________________
WILLIAM D. EUILLE MAYOR


ATTEST:


____________________________________
Jacqueline M. Henderson
City Clerk and Clerk of Council



This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 703-746-4550 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.

City Council meetings are closed-captioned for the hearing impaired.
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