1. Calling the Roll. The meeting was called to order by Mayor Euille, and the City Clerk called the roll; all members of Council were present. 2. Public Discussion Period. (a) Gary Carr, 216 Aspen Street, spoke about the restoration of the running tracks at Frances Hammond and George Washington Middle Schools. He said Landbay L is a bad idea and it should be maintained and is the most likely place for an eight lane track. He said that instead of making it the Fun Side of the Potomac it should be the Run Side of the Potomac. (b) Annabelle Fisher, 5001 Seminary Road, spoke about bicycles in the City and the need to have law enforcement for bicyclists running stop signs and lights and disobeying the rules of the road. Ms. Fisher also spoke of copying costs for documents received from City Hall, noting that she was charged $.60 per page from the Department of Planning and Zoning, and she said a clear cut policy should be made for anything over 10 pages. (c) Van Van Fleet, 26 Wolfe Street, spoke of the prioritizing the funding needs. He said the parks need to be mowed, which hasn't been done since Parks and Recreation had to get rid of several positions. He said the Department of Planning and Zoning is now spending hundreds of thousands of dollars on consultants to do a waterfront plan, and he asked why the plan is being initiated during the economic turndown. He said it should take the consultant money and give it to the departments that need it - especially those that have had to lay off workers. (d) Sandra Cope, 626 N. Washington Street, spoke of her alley being blocked off with a school playpen and that they can no longer use their parking spaces, two spaces behind each building for five townhouses, and no trash truck will be able to pick up the trash. She asked Council to investigate the situation and see how it happened and how it can be corrected. (e) Pat Troy, 310 Wolfe Street, spoke of the ethnic festivals, noting that as of June, Parks and Recreation has pulled the plug on every ethnic festival. Mr. Troy noted that for the last three years, they paid fees to the City for the St. Patrick's Day festival. He said he was told that the ethnic festivals and parades cost from $300,000 to $500,000, and he said that needs to be audited and checked and he asked where the money goes for the ethnic festivals. He asked if the City would support the three parades in the coming year. Interim Director of Recreation, Parks and Cultural Activities Baier responded, noting that the staff is looking at how to best and most equitably cut $150,000 out of a $450,000 special events budget. He noted that staff had faxed to Mr. Troy an estimate for the cost of his Irish Festival, and that cost was about $3,500. He said they are telling people to begin to take steps to realize that they may have to look at the routes or the set-up to bring the costs down. He noted where the costs for the Irish Festival come from. He said that by the end of July, they will have a full plan to come back to Council to be presented in September. Councilman Krupicka asked that staff bring forward in September an update on special events, to get a clear picture of where they are. (f) Lisa Lettieri, 513 E. Nelson Avenue, speaking on behalf of the Del Ray Citizens Association Land Use Committee, spoke of the ordinance to simplify small business approval procedures and standards that was adopted in December 2008, and they asked that the small business text amendment be incorporated into the Mt. Vernon Avenue overlay and Arlandria so that potential business owners have the most up-to-date information and that the update be published on the City's website. (g) Leslie Zupan, 1309 Queen Street, president, Inner City Civic Association, said they had invited the new parking coordinator and Deputy Director of T&ES Tom Culpepper to their May meeting to talk about parking issues, and they were concerned about two issues that came up. One was a contribution from a developer Bill Cromley, a $10,000 contribution for a parking study for The Lofts, but they were surprised to hear Mr. Abram say he had found the $10,000 in an unencumbered account, and he had applied it to a new parking study which is being conducted of King Street, and they were concerned to hear that and wanted clarification. Ms. Zupan said they also heard there was going to be a plan that only the affordable housing tenants at the new Bland project will be given district parking permits, and they like that idea, but she was puzzled because she went through the Bland special use permit and found no mention that there would be restrictions on the parking permits. She asked when they would have an answer. Interim Director of Transportation and Environmental Services Baker noted that T&ES staff and Mr. Abram and the parking staff are working on a memo that they expect to get out in the next couple of weeks that will be an overview of the entire parking study process. They are looking at an extensive City-wide parking analysis and they will outline what the boundaries are, impacts to residences as well as impacts to businesses for parking, are coordinating with the Planning Department, ACVA and AEDP. City Manager Hartmann said he would make sure staff answered the questions asked by Ms. Zupan. (h) Richard Ward, 4806 Peacock Avenue, spoke of the Eisenhower west industrial land use study, a $75,000 study carried out because of a conglomeration of four industries near residences and was hindering the development of the Van Dorn Corridor. He said they wanted to see Landmark Mall developed and a good gateway to the City will help that development. He said the study is just comparing the value of the properties versus the value of the four properties to the City after any redevelopment. He said the question should be what is the impact on the surrounding area. He said they need a broad reaching study that will consider the entire City as a whole and will bring in income to pay for running tracks and the ethnic festivals. (i) Charlotte Landis, 433 N. Patrick Street, spoke in support of Leslie Zupan's comments on the parking issues and study. She said that after one month, it was totally inappropriate for the City not to have responded to her email and a snub and a brush-off is inappropriate. (j) Poul Hertel, 1217 Michigan Court, president, Old Town Civic Association and on the board of Northeast, spoke about the property inventory study and recommendations for the disposal. He said they are grateful to the City Manager for putting in the report that the need to communicate with the appropriate civic associations, as there is a conflict of interest in the manner that the process is being set up, notably the report states that the City shall lease or otherwise dispose of properties that it determines are not needed for public purpose after determining what the highest and best use is. He said the question is, if the City is pursuing highest and best use, who would then ensure that it conforms to the norms for the small area plans of the neighborhoods. (k) Cathy Puskar, chairman, the Alexandria Chamber of Commerce, 215 E. Oak Street, thanked Councilmembers Gaines, Lovain and Wilson for their service over the past few years and the Council as a whole for continuing to support small businesses and to look at and improve the special use permit process. Specifically, at the last meeting, Council reduced the fees to apply for a sign in the Old and Historic District and they thank Council for bringing that fee back down. She commended Council for starting the process to look at having an administrative approval of that sign program. They also thank the Council for looking at the tree and trash can fees and the lowering of those fees at the last meeting. * * * * * * Mayor Euille noted that Boy Scout Troop 680 from St. Lewis Catholic Church was in the audience today, seeing government in action as part of their civic duties and responsibility. * * * * * * REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-6) Planning Commission 3. SPECIAL USE PERMIT #2009-0014 3112 MOUNT VERNON AVENUE (Parcel Address: 3110 Mount Vernon Avenue) CAFE PIZZAIOLO RESTAURANT Public Hearing and Consideration of a request to allow delivery service and live entertainment at an existing restaurant; zoned CRMU-M/Commercial Residential Mixed Use Medium. Applicant: Culinary Concepts Corporation by Larry Ponzi PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 6/13/09, and is incorporated as part of this record by reference.) 4. SPECIAL USE PERMIT #2009-0015 831 AND 833 BASHFORD LANE PARKING REDUCTION Public Hearing and Consideration of a request for reapproval of a parking reduction: zoned RB/Residential. Applicant: Robert Pierre Johnson Housing Development Corporation PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/13/09, and is incorporated as part of this record by reference.) 5. SPECIAL USE PERMIT #2009-0016 25 S. DOVE STREET KING STREET CATS Public Hearing and Consideration of a request to operate an animal shelter; zoned OCM(50)/Office Commercial Medium (50). Applicant: King Street Cats, Inc., by Allie Phillips PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/13/09, and is incorporated as part of this record by reference.) 6. SPECIAL USE PERMIT #2009-0021 5150-5184, 5200-5228, 5230-5258 EISENHOWER AVENUE UMBRELLA SUP EXTENSION Public Hearing and Consideration of an amendment to extend the deadline for City Council review and a change of ownership for an umbrella SUP which allows a variety of noncomplying and special uses; zoned OCM(100)/Office Commercial Medium (100). Applicant: Veslor Properties by Jonathan Rak, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/13/09, and is incorporated as part of this record by reference.) END OF ACTION CONSENT CALENDAR WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council adopted the consent calendar, with the removal of item #4, which was considered under separate motion, and directed staff to modify the applications as appropriate to conform with the policy adopted by City Council on June 9, 2009 and noted in the June 11, 2009 memorandum. 3. City Council approved the Planning Commission recommendation. 5. City Council approved the Planning Commission recommendation, as amended to include the newly adopted special use permit streetscape improvement fund for street trees and trash cans, and remove condition #9 requiring a $575 contribution for litter fund. 6. City Council approved the Planning Commission recommendation. The voting was as follows: Krupicka "aye" Gaines "aye" Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 4. SPECIAL USE PERMIT #2009-0015 831 AND 833 BASHFORD LANE PARKING REDUCTION Public Hearing and Consideration of a request for reapproval of a parking reduction: zoned RB/Residential. Applicant: Robert Pierre Johnson Housing Development Corporation PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/13/09, and is incorporated as part of this record by reference.) The following person participated in the public hearing on this item: (a) Herb Cooper-Levy, 1527 Oronoco Street, executive director, RPJ Housing, said the new fee for trash cans and trees would be applied to this special use permit, and this is a step it goes through as a non-profit in seeking low-income housing tax credits from the Virginia Housing Development Authority, and this is to preserve affordable housing, so it is already spending $500 in postage and staff time, and he reminded that this is a non-profit. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried 6-0-1, City Council approved the Planning Commission recommendation, as stands without implementing the policy from June 9 on street trees and trash cans. The voting was as follows: Krupicka "aye" Pepper "aye" Gaines "aye" Lovain "aye" Euille "aye" Smedberg abstain Wilson "aye" REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 7. Public Hearing on the Environmental Action Plan (Phase II) for the Eco-City Alexandria Project. (#13, 6/9/09) (A copy of the City Manager's memorandum dated June 3, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 7; 6/13/09, and is incorporated as part of this record by reference.) In response to questions from City Council, Director of Environmental Quality Skrabak spoke of the cost and the process and policy issues. He noted that the adoption of the plan is the roadmap they will use and any cost implications and policy decisions will come back before Council as it moves forward. The following persons participated in the public hearing on this item: (a) Bob Custard, 4480 King Street, representing the Alexandria Health Department, asked that it insert into the document language that was omitted in the process, which was sent to City Council previously, and is as follows: on page 34, add the following bullet: "Developing a simple environmental health impact assessment process which will assure that the relevant and potential human health issues related to vector control, water quality, air quality, food supply, toxic exposures, and the built environment are addressed in review of area development plans and special use permits." He said they would also like to add the words "Consider the potential for" before that bulleted point. (b) Joe Schilling, 10 E. Custis, and with the Metropolitan Institute of Virginia Tech, 1021 Prince Street, said the process has created a consensus document, and he said the Charter does set the sustainability vision with its ten principles. He said what is good for the economy is good for the environment, so it is in a whole different paradigm than it was 12-18 months ago in terms of green jobs, energy, stimulus money and a whole new green economy. He recommended adoption. (c) Patrick Hagan, 304 Fontaine Street, member of the Environmental Policy Commission, spoke in favor of the passage of the Plan. (d) Jennifer Hovis, 1705 Potomac Greens Drive, member of the Environmental Policy Commission, spoke in favor of the passage of the Plan and she urged its quick adoption. (e) Bill Hendrickson, 304 E. Spring Street, said a commitment is needed by City Council to implement the Plan, including the significant funding. He urged Council to consider more pilot programs, to experiment with various green street techniques and examine the potential savings of these techniques vis-a -vis the status quo system. (f) Danielle Fidler, 536 E. Glendale Avenue, speaking as a member of the Environmental Policy Commission and as a resident, spoke in support of the Plan. She submitted a letter for the record from vice chair of the Commission Joy Pochatila, who could not be present today. (g) Peter Pannington, 1213 Prince Street, member of the Environmental Policy Commission, said Alexandria can make a change, and Alexandria is well equipped to take on the role of leadership on moving forward with environmental issues. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing and noted adoption would be June 23, 2009. The voting was as follows: Pepper "aye" Krupicka "aye" Gaines "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 8. Public Hearing on the Receipt of the Final Report of the Affordable Housing Initiatives Work Group and Consideration of Recommendations From the Work Group. (#33, 6/9/09) (A copy of the City Manager's memorandum dated June 4, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 20; 6/13/09, and is incorporated as part of this record by reference. Housing Director Davis made a presentation of the report. The following person participated in the public hearing on this item: (a) Herb Cooper-Levy, 1527 Oronoco Street, spoke of the extraordinary job staff has done with this process and spoke in favor of the report. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing and adopted the principal recommendation as outlined in A, refer recommendations B to the Housing Master Plan process and defer recommendation C to a future fiscal year when the City's fiscal situation has improved. The voting was as follows: Krupicka "aye" Pepper "aye" Gaines "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 9. SPECIAL USE PERMIT #2009-0018 212 QUEEN STREET MOMO SUSHI RESTAURANT Public Hearing and Consideration of a request to increase seating and expand the hours of operation at an existing restaurant; zoned CD/Commercial Downtown. Applicant: Yeon Sin Son PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/13/09, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilman Krupicka and carried unanimously, City Council closed the public hearing. The voting was as follows: Smedberg "aye" Pepper "aye" Krupicka "aye" Gaines "aye" Euille "aye" Lovain "aye" Wilson "aye" In response to a question from Council regarding the trash issue, Planning Consultant Ross said the concern was discussed at the Planning Commission and a condition on overflowing trash was restored in the conditions, and the owner has agreed to additional trash pick-ups and has a requirement of no overflowing trash. WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows: Smedberg "aye" Gaines "aye" Pepper "aye" Krupicka "aye" Euille "aye" Lovain "aye" Wilson "aye" 10. DEVELOPMENT SPECIAL USE PERMIT #2009-0007 1101 FINLEY LANE PICKETT'S RIDGE - PHASE II Public Hearing and Consideration of a permit for an extension of phase 2 of a previously approved development special use permit, with site plan, for two single family homes; zoned R-20/Residential. Applicant: Sutton Building Corporation by Greg Sutton. PLANNING COMMISSION ACTION: Recommend Approval w/amendments 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/13/09, and is incorporated as part of this record by reference.) In response to questions from Council, Planner Parker spoke of the condition added by the Planning Commission to allow the extension for 18 months rather than three months, and to add a condition that was part of the text amendment to require the site to be maintained in good condition during the period of extension. Interim Director of Transportation and Environmental Services Baker noted that staff would be working with the applicant and will be looking at the site to make sure there aren't any drainage impacts and they are required to maintain erosion and sediment control on the site. The following persons participated in the public hearing on this item: (a) Duncan Blair, attorney representing the applicant, 524 King Street, spoke in favor of the request. (b) Richard Ward, 4806 Peacock Avenue, area 8 representative for Seminary Hill Association, asked that any extension of the DSUP be conditioned on the strict enforcement of the existing DSUP requirements, especially with regard to the stormwater runoff and erosion control, and he asked that Council ask Planning and Zoning to look at the stormwater management again. WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation, with the 36 month extension but to give staff the ability to bring it back earlier than the 36 months if necessary, if there is a belief that the water and erosion control issues are not being responsibly addressed by the applicant, and that after 18 months, a status report be provided to City Council and the staff. The voting was as follows: Krupicka "aye" Gaines "aye" Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 11. ENCROACHMENT #2009-0001 3500 GOODARD WAY RETAINING WALL Public Hearing and Consideration of a request for an encroachment into the public right-of-way for a retaining wall; zoned RB/Townhouse Residential. Applicant: Duke Crossing, Inc. PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/13/09, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing. The voting was as follows: Smedberg "aye" Pepper "aye" Gaines "aye" Krupicka "aye" Euille "aye" Lovain "aye" Wilson "aye" Councilman Wilson noted that in the interest of full disclosure, his wife grew up on this site and the house was sold to the developer, but there is no conflict of interest. WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Planning Commission recommendation, with the added condition of the $2,000 contribution to the City for public improvements. The voting was as follows: Smedberg "aye" Gaines "aye" Pepper "aye" Krupicka "aye" Euille "aye" Lovain "aye" Wilson "aye" 12. MASTER PLAN AMENDMENT #2009-0001 URBAN FORESTRY MASTER PLAN Public Hearing and Consideration of an amendment to the City's Master Plan to adopt the Urban Forestry Master Plan. Staff: Department of Recreation, Parks and Cultural Activities PLANNING COMMISSION ACTION: Resolution Adopted 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/13/09, and is incorporated as part of this record by reference.) Recreation, Parks and Cultural Activities Arborist Noelle made a presentation of the report and responded to questions of City Council. The following persons participated in the public hearing on this item: (a) Bill Hendrickson, 304 E. Spring Street, said he served as a member of the committee that helped produce the urban forestry plan, spoke of the need to plant more trees and longer term pruning, as well as it needs to create an engaged partnership between the City staff and citizens, community groups and business groups. (b) Poul Hertel, 1217 Michigan Court, spoke of the need for trees and said consideration needs to be given to lighting so trees don't obscure the lighting, the plan needs to be do-able, and he would like to see the empty treewells in old town filled up. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Krupicka and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation, with the amendments as recommended by the Planning Commission: add a new condition #15 to increase the canopy coverage; amend old condition #52 to add language to encourage the activity of volunteers, to engage the tree stewards of Alexandria and Arlington and develop programs which it can engage volunteers to accomplish the goals of the plan; and in the executive summary, the language that was changed that implementing the recommendation would require significant increase in funding and if funding is not available, alternative resources such as grants, sponsorships and volunteer efforts must be actively sought out and engaged to move closer to achieving the goals of the plan, and with an amendment that this come back as a work session in the Fall. Councilman Krupicka said the work session should focus on implementation, what is the context of the plan, how does it implement it and what are the tools and how does it balance the changes in the community and make sure those happen in a way that is sensitive to the plan. He encouraged staff to include the beautification commission and potentially Parks and Rec and other commissions as appropriate to participate in that. The voting was as follows: Pepper "aye" Gaines "aye" Krupicka "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 13. TEXT AMENDMENT #2009-0002 OUTDOOR DISPLAY OF RENTAL BICYCLES Public Hearing and Consideration of a text amendment to the City's Zoning Ordinance to allow outdoor display of rental bicycles. Staff: Department of Planning and Zoning PLANNING COMMISSION ACTION: Recommend Denial 3-3 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/13/09, and is incorporated as part of this record by reference.) Planning consultant Ross made a presentation of the report and responded to questions of City Council. Bicycle and Pedestrian Coordinator Lambert also made comments on the proposal and responded to questions of Council. The following persons participated in the public hearing on this item: (a) Stephanie Brown, president and CEO, Alexandria Convention and Visitors Association, 421 King Street, Suite 300, spoke in favor of the text amendment. (b) Douglas Meick, 1103 N. Royal Street, representing the Old Dominion Boat Club, endorsed the Planning Commission's recommendation of denial of the text amendment and he read a letter from the Old Dominion Boat Club into the record. (c) Stephen Marks, One Wales Alley, owner of Bike and Roll in Alexandria, said they are a new business and he spoke in favor of the text amendment. (d) Poul Hertel, president, Old Town Civic Association, said the Board is against the implementation of the proposal. (e) Cathy Puskar, chair of the board of directors, Alexandria Chamber of Commerce, 215 E. Oak Street, spoke in favor of the text amendment. (f) Bert Ely, treasurer, Old Town Civic Association, spoke against the text amendment and to a statement of constraints from the Old Town Civic Association. WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing. The voting was as follows: Krupicka "aye" Gaines "aye" Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" Mayor Euille noted that because this was denied by the Planning Commission, this requires a super majority vote of six members voting to support it. WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the text amendment. The voting was as follows: Krupicka "aye" Gaines "aye" Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 14. SPECIAL USE PERMIT #2009-0020 113, 115 AND 117 KING STREET LANDINI BROTHER'S RESTAURANT Public Hearing and Consideration of a request for an expansion and to increase the hours of operation at an existing restaurant; zoned KR/King Street Retail. Applicant: Noe Landini PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/13/09, and is incorporated as part of this record by reference.) Mayor Euille noted that not only is Franco Landini and the Landini Brother's restaurant friends, and he said that in the recent past he has held political campaign events at the restaurant, but he would participate in the discussion of the docket item. Planner Randall made a presentation of the report and responded to questions of City Council. The following persons participated in the public hearing on this item: (a) Cathy Puskar, chair of the board of directors, Alexandria Chamber of Commerce, 215 E. Oak Street, said the Chamber has no complaints about the restaurant, but they have an issue with one of the parking conditions and ask that it be stricken, which is condition #22 about maintaining an agreement with area garages by which the regular parking price is discounted by at least $1.00 for customers. Interim Director of Transportation and Environmental Services Baker noted that staff would be coming to Council in the Fall with the recommendation that they appoint a working group of citizens and business community to work through the parking policies for Council to consider the policies starting in the beginning of 2010. (b) Franco Landini, owner, Landini's Restaurant, said they would like to open by December 1, 2009. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council closed the public hearing. The voting was as follows: Pepper "aye" Gaines "aye" Smedberg "aye" Krupicka "aye" Euille "aye" Lovain "aye" Wilson "aye" WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried unanimously, City Council approved the Planning Commission recommendation, with an amendment to condition #22 to make it clear that when the City adopts a comprehensive parking strategy, it may supersede or modify that item, and to include the newly adopted special use permit streetscape improvement fund for street trees and trash cans and to remove condition #30 requiring $575 contribution for litter fund. The voting was as follows: Krupicka "aye" Pepper "aye" Smedberg "aye" Gaines "aye" Euille "aye" Lovain "aye" Wilson "aye" * * * * * * City Council took a 30-minute lunch break at 1:15 p.m. * * * * * * 15. DEVELOPMENT SPECIAL USE PERMIT #2007-0009 521 EAST MONROE AVENUE VIRGINIA DOMINION POWER SUBSTATION Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct an enclosed electrical substation; zoned CSL/Commercial Service Low. Applicant: Virginia Electric and Power Company by Joanna Frizzell, attorney PLANNING COMMISSION ACTION: Recommend Approval w/amendments 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/13/09, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation, with the amendments as submitted by the applicant in a memo dated June 12, 2009 and agreed to by staff, as follows: Condition #11, replace paragraph 11(h) with the following: "The applicant shall work with Leslie Properties and the staff on the mutually agreeable sale of an area of land or an easement right five feet wide by approximately 180 feet running along the full length of the common property line that would provide Leslie Properties with emergency pedestrian access along the eastern wall of their building and with an area to maintain the eastern wall of their building. Such area shall be separated from the substation with either a wall or a fence and shall be a secure area without access by the general public." Also, to include the amendments requested by the Planning Director in a memo dated June 12, 2009, as follows: Condition 2(e)(3) to add the words: "Provide $500.00 to the Living Landscape Fund in lieu of the two proposed Tilia cordata." Condition 11(g): Add the words: "If the applicant and Potomac Yard Development, LLC reach the agreement referenced in paragraph e herein, then" to the beginning of the paragraph. The voting was as follows: Krupicka "aye" Pepper "aye" Gaines "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 16. SPECIAL USE PERMIT #2008-0047 501 EAST MONROE AVENUE AND 1509 LESLIE AVENUE GOLD CRUST BAKERY Public Hearing and Consideration of a request of an amendment to relocate loading spaces; zoned CSL/Commercial Service Low. Applicant: Gold Crust Bakery by Mary Catherine Gibbs, attorney PLANNING COMMISSION ACTION: Recommend Approval w/amendments 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/13/09, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows: Krupicka "aye" Pepper "aye" Gaines "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 17. DEVELOPMENT SPECIAL USE PERMIT #2007-0027 4880 MARK CENTER DRIVE INSTITUTE FOR DEFENSE ANALYSIS Public hearing and Consideration of a request for a development special use permit, with site plan and a modification, for office buildings and a request for increased penthouse height; zoned CDD-4/Coordinated Development District 4. Applicant: Institute for Defense Analysis by Kenneth Wire, attorney PLANNING COMMISSION ACTION: Recommend Approval w/ amendments 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/13/09, and is incorporated as part of this record by reference.) The following persons participated in the public hearing on this item: (a) Kenneth Wire, land use attorney with McGuire Woods, 1750 Tysons Blvd., McLean, representing the applicant, spoke in favor of the application and referenced his letter requesting three revisions to conditions 20, 22 and 25. Deputy Director of Planning and Zoning Wright, along with Planner Geratz, responded to the requests for revisions to conditions 20, 22 and 25. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation, with amendments to conditions #20, 22a and 25 as suggested by the applicant in his letter dated June 12, 2009, as follows: Condition 20: "Maintain a minimum of 25% the crown coverage in accordance with the DSUP submission unless changed by DoD road or security improvements. Provide percentage calculations for required, existing and proposed crown coverage on the final site plan." Condition 22a: "Continue to work with staff to explore revising the first floor area design of both the Phase I and Phase II buildings to increase the perception of height and tectonic strength. A suggestion is to move the currently recessed columns outboard of the respective building facades, which would also allow the height of these columns to be extended into the fascia of the facade above, enhancing the expression of structural support, and adding additional detail and shadow lines, as depicted in graphic #1." To condition #25, which was discussed by Council which eliminates all the language in "E" and replaces it with language that says, "failure to achieve LEED certification will first go to staff for review, and if staff determines a good faith effort was not made to achieve LEED silver certification, then any existing City-wide policies on Green Buildings will apply." The voting was as follows: Krupicka "aye" Pepper "aye" Smedberg "aye" Gaines "aye" Euille "aye" Lovain "aye" Wilson "aye" 18. CITY CHARTER, SECTION 9.06 CASE #2009-0001 3550 COMMONWEALTH AVENUE Public Hearing and Consideration of a proposal by the City of Alexandria to acquire the property at 3550 Commonwealth Avenue, pursuant to the provisions of Section 9.06 of the City Charter; zoned RA/ Multifamily Residential. Staff: Department of Recreation, Parks and Cultural Activities and the Office of the City Manager PLANNING COMMISSION ACTION: Approved This item is for your information only - no approval necessary. (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/13/09, and is incorporated as part of this record by reference.) City Council received the item. 19. CDD CONCEPT PLAN #2008-0005 MASTER PLAN AMENDMENT #2008-0006 DEVELOPMENT SPECIAL USE PERMIT #2007-0017 TRANSPORTATION MANAGEMENT PLAN SUP #2008-0091 ENCROACHMENT #2008-0006 2250 MILL ROAD AND 2200 MILL ROAD EISENHOWER EAST BLOCKS 19 & 20 Public Hearing and Consideration of a request for 1) approval of a CDD concept development plan; 2) a master plan amendment to the Eisenhower East Small Area Plan for increased height limits on Block 20; 3) a development special use permit, with site plan, for a residential and office development with bonus density for affordable housing pursuant to Section 7-700 of the Zoning Ordinance, a request for increased penthouse heights and to construct more than one penthouse; 4) approval of a transportation management plan; and 5) approval of an encroachment for a canopy in the public right-of-way; zoned CDD-2/Coordinated Development District. Applicant: Eisenhower- Lane-CFRI-Venture II, LLC by Jonathan Rak, attorney PLANNING COMMISSION ACTION: CDD Recommend Approval 6-0 MPA Adopted Resolution 6-0 DSUP Recommend Approval w/amendments 6-0 SUP Recommend Approval 6-0 ENC Recommend Approval 6-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/13/09, and is incorporated as part of this record by reference.) Planner Sun made a presentation of the report and responded to questions of City Council, and Mr. Keeler, from the Office of Housing, also made a presentation. The following person participated in the public hearing on this item: (a) Jonathan Rak, attorney representing the applicant, 1750 Tysons Blvd., #1800, McLean, spoke in favor of the request and noted his June 13 letter with changes to conditions #12, 26(g), 41, and 113, and noted they were interested in similar language on the LEED requirement in condition #19(e). WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Wilson and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation, with the amendments as noted by the applicant in a letter dated June 13, 2009, as agreed by the applicant and staff, as follows: Condition 12: "Except for the visitor parking area and residential patio areas immediately north of the residential buildings on Block 19, provide perpetual public access easements over all at-grade privately owned open space areas. The perpetual open space easement(s) shall enable the open space areas to be fully accessible to the public for hours and guidelines approved by the Directors of RP&CA and P&Z in consultation with the applicant. The open space easement areas shall not be considered a street or public right-of-way and the applicant shall have the right to conduct ordinary maintenance and repairs without obtaining a T&ES permit. All easements and reservations shall be depicted on the easement plat and shall be approved prior to the release of the final site plan.* (P&Z) (RP&CA)" Condition 26g: "The developer will work with the City and ARHA to consider the possibility of providing 16 public housing replacement units to ARHA as an alternative to some or all of the aforementioned units." Condition 41: "Create a TMP fund, based on the reduction goal of 45% of single occupant vehicles, established for Eisenhower East Blocks 19 & 20, the project's size and the benefits to be offered to participating residents. The annual contribution rate for this fund shall be $120 per occupied residential unit and $0.39 $0.16 per usable square foot of office and/or retail space. The annual contributions rate for the residential buildings may be reduced provided that the applicant maintains the reduction goal of 45% for single occupant vehicles. These reduction goals may be revised in the future based on City wide TMP policies or legislation. These rates have been established on a temporary basis and they reflect an average of residential and retail space for other projects in the Eisenhower Avenue area. It shall be necessary to revise these rates when the developer decides on the number of residential units and retail square feet for the project. Annually, to being one year after the initial CO is issued, The annual TMP rate shall increase by an amount equal to the rate of inflation (Consumer Price Index - CPI of the United States) for the previous year, unless a waiver is obtained from the Director of T&ES. For the residential units, the increase shall begin one year after the initial CO is issued. For the commercial portion, the rate increase shall commence upon approval of this application. The TMP fund shall be used exclusively for the approved transportation activities detailed in the attachment. (T&ES)" Condition 113: "Contribute $1,246,050 $350,000 towards the Eisenhower East Open Space Fund prior to release of the final site plan. If substantial construction does not commence within three years of this approval, the contribution amount shall be $1,246,050. All checks shall be made payable to the City of Alexandria and submitted to the Department of P&Z with a cover letter citing the project name, contribution amount, and the condition being fulfilled. *(P&Z) Also to replace the language on condition 19(e) with the following: "failure to achieve LEED certification will first go to staff to review, and if staff determines a good faith effort was not made to achieve LEED silver certification, then any existing City-wide policies on Green Buildings will apply." Councilman Smedberg noted that this was another major project in a significant area that has no public art, noting that the architecture and materials itself could be made as a statement for public art, and it bothered him that they have lost that opportunity. The voting was as follows: Pepper "aye" Gaines "aye" Wilson "aye" Krupicka "aye" Euille "aye" Lovain "aye" Smedberg "aye" ORDINANCES AND RESOLUTIONS 20. Public Hearing, Second Reading and Final Passage of an Ordinance to Impose a Maximum Service Period of 10 Consecutive Years for Any Member of a Board, Committee or Commission, Unless the Term of Service is Otherwise Governed by State Law, City Code or By Another Document That Creates the Committee, Board or Commission. (#15, 5/12/09, #14, 5/26/09) [ROLL-CALL VOTE] (A copy of the City Manager's memorandum dated May 21, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 20; 6/13/09, 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. 20; 6/13/09, 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. 20; 6/13/09, and is incorporated as part of this record by reference.) The following persons participated in the public hearing on this item: (a) Poul Hertel, 1217 Michigan Court, president, Old Town Civic Association, urged exclusion of the Board of Architectural Review and to introduce a more gradual approach to provide a much smoother transition. (b) Bill Dickinson, 805 Quaker Lane, the City's appointee to the Northern Virginia Regional Park Authority Board for 12 years, spoke of the need for recruitment and introduction of a data base of citizens and he encouraged enactment. (c) Annabelle Fisher, 5001 Seminary Road, said she is a member of the Landlord Tenant Board but is speaking for herself and she spoke in support of term limits for boards and commission and spoke of the need to consolidate some of the boards. (d) Cynthia Claire, 8200 Little River Turnpike, Annandale, representing the Landlord Tenant Relations Board, said Ms. Fisher was the only one on the board who did not vote in favor of their comments. Ms. Claire spoke in opposition to the terms limits and asked that the Landlord Tenant Relations Board be exempt from the term limits, however, if that is rejected, they requested that limits be waived if incumbents are unopposed by a qualified applicant for appointment. (e) Christopher Campagna, 816 Duke Street, spoke in opposition to term limits but leave it to Council to make determinations, as terms expire, so there is an opportunity to make changes to the members. WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Wilson and carried unanimously, City Council closed the public hearing. The voting was as follows: Lovain "aye" Pepper "aye" Wilson "aye" Gaines "aye" Euille "aye" Krupicka "aye" Smedberg "aye" WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Wilson and carried 6-1 by roll-call vote, City Council adopted the ordinance to impose a maximum service period of 10 consecutive years for any member of a board, committee, or commission, unless the term of service is otherwise governed by State Law, City Code or by another document that creates the committee, board or commission. The voting was as follows: Lovain "aye" Pepper "no" Wilson "aye" Gaines "aye" Euille "aye" Krupicka "aye" Smedberg "aye" The ordinance reads as follows:
Citizen Assistance $ 7,000
City Attorney 3,000
City Manager 4,000
Commonwealth’s Attorney 7,000
Finance 980,000
Fire 250,000
General Services 100,000
Health 130,000
Human Rights 3,000
Human Services 550,000
Information and Technology Services 695,000
Non-Departmental 300,000
Office of Communications 24,000
Office of Historic Alexandria 16,000
Office of Management and Budget 21,000
Office on Women 10,000
Other Correctional Activities 14,000
Personnel 7,000 Planning and Zoning 320,000 Police 291,000 Recreation, Parks and Cultural Activities 362,000 Registrar of Voters 11,000 Sheriff 500,000 Transit Subsidies 500,000 Transportation and Environmental Services $2,600,000 Total General Fund $7,705,000 Section 12. That this ordinance shall become effective upon the date and at the time of its final passage. 27. Public Hearing, Second Reading and Final Passage of an Ordinance to Authorize the Sale of the City Owned Property at 322 Wesmond Drive. (#19, 6/9/09) [ROLL-CALL VOTE] (A copy of the City Manager's memorandum dated June 1, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 27; 6/13/09, 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. 27; 6/13/09, 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. 27; 6/13/09, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Krupicka and carried unanimously by roll-call vote, City Council adopted the ordinance to authorize the sale of the City owned property at 322 Wesmond Drive. The voting was as follows: Lovain "aye" Pepper "aye" Krupicka "aye" Gaines "aye" Euille "aye" Smedberg "aye" Wilson "aye" The ordinance reads as follows: