1. Calling the Roll. The meeting was called to order by Mayor Euille, and the City Clerk called the roll; all the members of Council were present. Council Action:_________________________________________________________ 2. Public Discussion Period. (a) Kathleen Burns, 1036 N. Pelham, spoke about a safety and security issue in their neighborhood, near the intersection of Pelham and Polk, where they have had a long-standing agreement with the former owners about the six-foot tall fence remaining closed, and then the property changed hands and became Parkside of Alexandria Condominiums. A path was constructed through a heavily wooded adjacent area, and a gate was added opening up traffic to Polk Street, and the reason given was for access for the school children. Ms. Burns said the agreement was abandoned with no discussion with the people it impacted, and the path it is built on is City right-of-way, but the City Code Enforcement Office has taken little interest in rectifying obvious violations or addressing their concerns. Ms. Burns said of equal concern is a flyer that advised Parkside residents to park in their neighborhood, and thus avoid having to pay for the parking sticker for Parkside. Or to use their neighborhood for their guest parking needs. She said their townhouses have neither garages nor driveways and parking is extremely limiting. She asked the City to investigate their concern and will be submitting a petition. (b) Philip Matyas, 219 N. Pitt Street, asked someone to explain to him what the W-1 zoning designation is for the Waterfront Park plan and what the pros and cons are. He said he is pro-business and is concerned about the stewardship of the City and the staff and keeping historic Old Town as beautiful and as fertile a place as George Washington would want it to be. He spoke of the Fayette alley and the alley behind O'Connell's and said they are both in terrible shape. (c) David Fromm, 2307 E. Randolph Avenue, spoke about the election forums and asked what the status was. (d) Amy Slack, 2307 E. Randolph Avenue, said its been over 25 years since she first stepped into the Chambers, and it was to support changes to the ordinance to allow massage therapists, and they have come a long way since then. She thanked everyone who have given her their time and taught her an incredible amount of things, in particular Bernie Fagelson, Duncan Blair, and the City staff. She asked for a moment of silence in memory of Tom Culpepper. (e) John Gosling, 208 S. Fayette Street, president, Old Town Civic Association, introduced himself and shared observations of cooperation, and said now that they have a parking study, it should use the information to establish a benchmark for the parking, and it should use real estate standards to figure if it is at or near capacity. Mr. Gosling said the lower King Street is a regional draw and doesn't need publicized and it should be folded into the waterfront planning exercise. Mayor Euille reported on a meeting mid-week with Congressman Moran regarding the construction, timetable and impacts at Jones Point Park, noting the secured parking is in the works, and another was the concern about Jones Point Park being permanently shut down for 18-24 month period while construction was taking place, and the construction proposal has been postponed and will not be issued until mid to end of July. Mayor Euille said there will be limited use of the park during construction, including the bike trail, Royal Street community gardens, Lee Street community gardens, and the community recycling center, along with other portions of the park. A community meeting is tentatively set for Wednesday, July 7 at 6:30 p.m. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-4) Planning Commission 3. SPECIAL USE PERMIT #2010-0022 1008, 1010 and 1012 MADISON STREET (Parcel Address: 727 N. Henry Street) GLASS AND TIRE XPERTS AUTO REPAIR Public Hearing and Consideration of a request to operate a light auto repair facility; zoned CSL/Commercial Service Low. Applicant: Glass and Tire Xperts by Sandrine Gome PLANNING COMMISSION ACTION: Recommend Approval 7-0 4. SPECIAL USE PERMIT #2010-0018 2504 OAKVILLE STREET TRIDENT CROSS FIT Public Hearing and Consideration of a request to extend the approval and to expand the hours of operation at an existing athletic sports club, and a request for a parking reduction; zoned I/Industrial. Applicant: Trident Athletics, LLC PLANNING COMMISSION ACTION: Recommend Approval 7-0 END OF ACTION CONSENT CALENDAR City Council adopted the action consent calendar, with the removal of items #3 and 4 and which were considered under separate motions, as follows: 3. City Council approved the Planning Commission recommendation, with the addition of a new condition #20 to state that the permit will expire on June 12, 2015 unless an SUP application for an extension is approved prior to that date. (separate motion) 4. City Council approved the Planning Commission recommendation. (separate motion) Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 5. REZONING #2009-0001 TEXT AMENDMENT #2010-0002 CDD CONCEPT DEVELOPMENT PLAN #2009-0001 TRANSPORTATION MANAGEMENT PLAN SUP #2009-0061 STREET NAMING #2010-0002 ADOPTION OF DESIGN GUIDELINES AUTHORIZATION FOR CITY MANAGER TO SIGN MOU 3601 JEFFERSON DAVIS HWY AND 3601 POTOMAC AVENUE NORTH POTOMAC YARD Public Hearing and Consideration of (A) a rezoning from CDD #10 to CDD #19; (B) consideration of amendments to Section 5-602 of the Zoning Ordinance with respect to a new CDD #19 and to Section 5-610 of the Zoning Ordinance with respect to the configuration of and role of Potomac Yard Development Advisory Committee (PYDAC); (C) consideration for a CDD Conceptual Design Plan; (D) approval of special use permit for a transportation management plan; (E) approval of street names for five new streets; (F) adoption of Design Guidelines; and authorization for the City Manager to sign the Memorandum of Understanding for CDD#19. Applicant: CPYR, Inc., by Jonathan Rak, attorney. PLANNING COMMISSION ACTION: REZ: Recommend Approval w/amendments 7-0 TA: Recommend Approval w/amendments 7-0 CDD: Recommend Approval w/amendments 7-0 TMP: Recommend Approval w/amendments 7-0 SN: Approved 7-0 DG: Recommend Adoption 7-0 City Council approved the Planning Commission and staff recommendation, with the amendment to condition #12 to state a maximum of 2.25 million square feet of total development which shall include any portion of the existing retail center in existence as of June 12, 2010, which is not demolished or replaced pursuant to future DSUP approvals in CDD #19, shall be permitted in advance of the commencement of construction of a Metrorail station located within or adjacent to CDD #19, provided that the development complies with the conditions required herein. Council Action:_________________________________________________________ 6. TEXT AMENDMENT #2010-0001 SMALL BUSINESS ZONING REGULATIONS Public Hearing and Consideration of a request for an amendment to the City's Zoning Ordinance regulations related to small businesses. Staff: City of Alexandria Department of Planning and Zoning PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0 City Council approved the Planning Commission recommendation. City Council adopted the Planning Commission recommendation with an amendment to Section 11-511(c)(4) on page 35, and Section (b)(1) on page 37, that the appeal process go from 14 days to 30 days for both appeals; an amendment that the number of seats can't exceed the administrative cap; and on page 36, Section 11-513(a)(2) as relates to the notification, to add reference to ENews and leave it up to staff how best and which vehicles to use to get notification out prior to the approval or possible approval. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 7. Public Hearing on the Draft City of Alexandria Strategic Plan (adoption is scheduled for June 22, 2010.) (#16, 5/25/10) City Council held the public hearing and noted adoption is scheduled for June 22, 2010. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 8. SPECIAL USE PERMIT #2010-0015 4109 MOUNT VERNON AVENUE COMMUNITY CENTER Public Hearing and Consideration of a request for a public community center/public building; zoned NR/Neighborhood Retail. Applicant: City of Alexandria PLANNING COMMISSION ACTION: Recommend Approval 7-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 9. SPECIAL USE PERMIT #2010-0017 1224 PRINCESS STREET HOPKINS HOUSE Public Hearing and Consideration of a request for expansion of an existing child day care center; zoned RB/Residential. Applicant: Hopkins House by M. Catherine Gibbs, attorney PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 10. SPECIAL USE PERMIT 2010-0019 200 COMMERCE STREET RESTAURANT Public Hearing and Consideration of a request to operate a restaurant; zoned CL/Commercial Low. Applicant: Boyd Walker PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 11. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Chapter 7 (Animals and Fowl), Article C (Dogs and Other Animals) of the City Code to reflect current state law on providing dogs with adequate space and adequate shelter and to prohibit the tethering of dogs for more than one hour per day, subject to certain conditions. (#13, 5/11/2010) [ROLL-CALL VOTE] City Council adopted the ordinance to amend Chapter 7, Article C, animals and fowl, dogs and other animals, to reflect current state law on providing dogs with adequate space and adequate shelter and to prohibit the tethering of dogs for more than three hours per day, subject to certain conditions. (ORD. NO. 4662) Council Action:_________________________________________________________ 12. Public Hearing, Second Reading and Final Passage of an Ordinance to Delay the 2009 Annual Taxicab Industry Review. (#37, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance to delay the 2009 Annual Taxicab Industry Review. (ORD. NO. 4663) Council Action:_________________________________________________________ 13. Public Hearing, Second Reading and Final Passage of an Ordinance Authorizing the City Manager to Execute a 5-Year License Agreement to Authorize 106 Union Dublin, LLC to Utilize a Portion of Wales Alley and To Take Any Other Actions Necessary to Implement the Agreement. (#14, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance authorizing the City Manager to execute a 5-year license agreement to authorize 106 Union Dublin, LLC, to utilize a portion of Wales Alley and to take any other actions necessary to implement the agreement, and that the proceeds from the agreement that are approximated in the staff fiscal impact statement be dedicated to the historic fund. (ORD. NO. 4664) Council Action:_________________________________________________________ 14. Public Hearing, Second Reading and Final Passage of an Ordinance to Make Supplemental Appropriations for Support of the City Government for Fiscal Year 2010. (#15, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance to make supplemental appropriations for support of the City government for Fiscal Year 2010. (ORD. NO. 4665) Council Action:_________________________________________________________ 15. Public Hearing, Second Reading and Final Passage of an Ordinance to Make Appropriations for Support of the City Government for Fiscal Year 2011. (#16, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance to make appropriations for the support of the City government for Fiscal Year 2011. (ORD. NO. 4666) Council Action:_________________________________________________________ 16. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain the City’s Fire Prevention Code Article B (Fire Prevention) Of Chapter 2 (Fire Protection And Prevention), Title 4 (Public Safety), of the Code of the City of Alexandria, Virginia, 1981, as Amended, to Comply With Changes in State Law and Regulations. (#17, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance to amend and reordain the City's Fire Prevention Code, Article B (Fire Prevention) of Chapter 2 (Fire Protection and Prevention), Title 4 (Public Safety) of the City Code to comply with changes in state law and regulations. (ORD. NO. 4667) Council Action:_________________________________________________________ 17. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain the City's Food Code Section 11-2-3 (Adoption of the United States Food and Drug Administration/Public Health Service 2005 Food Code), Section 11-2-4 (Definitions) and Section 11-2-5 (Modifications to FDA Food Code) of Article A (General Provisions) and Section 11-2-51 (Submission of Plans, Specifications and Other Data; Inspection Prior to Operation; Fees) of Article E (Review of Plans and Specifications) of Chapter 2 (Food and Food Establishments), Title 11 (Health, Environmental and Sanitary Regulations) of the Code of the City of Alexandria, Virginia, 1981, as amended, to Adopt and Amend Provisions of the FDA 2009 Food Code. (#18, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance to amend and reordain the City's Food Code Section 11-2-3 (Adoption of the United States Food and Drug Administration/Public Health Service 2005 Food Code), Section 11-2-4 (Definitions) and Section 11-2-5 (Modifications to FDA Food Code) of Article A (General Provisions) and Section 11-2-51 (Submission of Plans, Specifications and Other Data; Inspection Prior to Operation; Fees) of Article E (Review of Plans and Specifications) of Chapter 2 (Food and Food Establishments), Title 11 (Health, Environmental and Sanitary Regulations) of the Code of the City of Alexandria, Virginia. (ORD. NO. 4668) Council Action:_________________________________________________________ 18. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain the Amounts of the Civil Penalties For Violations of the City's Building Code Regulations Section 8-1-6 (Civil Penalties) of Chapter 1 (Building Code), Title 8 (Building Code Regulations) of the Code of the City of Alexandria, Virginia, 1981, as Amended, to Reflect Current State Law. (#19, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance to amend and reordain the amounts of civil penalties for violations of the City's Building Code Regulations to reflect current state law. (ORD. NO. 4669) Council Action:_________________________________________________________ 19. Public Hearing, Second Reading and Final Passage of an Ordinance to Increase Residential Parking Permit Fees. (#20, 6/08/10) [ROLL-CALL VOTE] City Council deferred adoption to June 22, 2010. Council Action:_________________________________________________________ 20. Public Hearing, Second Reading and Final Passage of an Ordinance to Establish and Fund the Storm Water Infrastructure Trust Fund Account. (#21, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance to establish and fund the storm water infrastructure trust fund account. (ORD. NO. 4670) Council Action:_________________________________________________________ 21. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Rate of Funding For the Affordable Housing Trust Fund. (#22, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance to amend the rate of funding for the affordable housing trust fund. (ORD. NO. 4671) Council Action:_________________________________________________________ 22. Public Hearing, Second Reading and Final Passage of an Ordinance Setting the Fees and Charges for Recovering an Impounded Vehicle From the City's Impound Facility. (#23, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance setting the fees and charges for recovering an impounded vehicle from the City's impound facility. (ORD. NO. 4672) Council Action:_________________________________________________________ 23. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, to Include the North Potomac Yard Small Area Plan in Accordance With the Text Amendment Previously Approved By City Council as Master Plan Amendment No. 2010-0002. (#24, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance to amend and reordain the 1992 Master Plan to include the North Potomac Yard Small Area Plan in accordance with the text amendment previously approved by City Council as Master Plan Amendment No. 2010-0002. (ORD. NO. 4673) Council Action:_________________________________________________________ 24. Public Hearing, Second Reading and Final Passage of an Ordinance to amend and reordain the 1992 Master Plan (1998 ed.) and Zoning Map of the City of Alexandria, Virginia, to Reflect a Change in Zoning Designation for the Area That is Now the Freedmens' Cemetery Memorial in Accordance With the Amendment Previously Approved By City Council as Master Plan Amendment No. 2010-0001. (#25, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance to amend and reordain the 1992 Master Plan and Zoning Map to reflect a change in zoning designation for the area that is now the Freedmens' Cemetery Memorial in accordance with the amendment previously approved by City Council as Master Plan Amendment No. 2010-0001.(ORD. NO. 4674) Council Action:_________________________________________________________ 25. Public Hearing, Second Reading and Final Passage of an Ordinance to Increase Parking Meter Rates in All Parking Meter Zones. (#25.1, 6/08/10) [ROLL-CALL VOTE] City Council adopted the ordinance to increase parking meter rates in all parking meter zones. (ORD. NO. 4675) Council Action:_________________________________________________________ 26. Introduction and First Reading. Consideration. Passage on First Reading of an ordinance implementing an amendment of the City's Zoning Ordinance regulations related to small businesses, as recommended by the Planning Commission on June 3, 2010 and approved by the Council during the public hearing portion of the docket on June 12, 2010. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Tuesday, June 22, 2010, to include the amendments as approved by City Council on docket item #6. Council Action:_________________________________________________________ 27. Introduction and First Reading. Consideration. Passage on First Reading of an ordinance implementing A) a rezoning from CDD#10 to CDD#19; B) consideration of amendments to Section 5-602 of the zoning ordinance with respect to a new CDD #19 and to Section 5-610 of the zoning ordinance with respect to the configuration and role of PYDAC; C) consideration for a special use permit for a CDD Conceptual Design Plan; D) approval of a special use permit for a transportation management plan; E) approval of street names for five new streets; F) adoption of Design Guidelines; and authorization for the City Manager to sign the Memorandum of Understanding for CDD#19, as recommended by the Planning Commission on June 3, 2010 and approved by Council during the public hearing portion of the docket on June 12, 2010. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Tuesday, June 22, 2010, to include the amendment as approved by City Council on docket item #5. Council Action:_____________________________________________________ NEW BUSINESS ITEM NO. 1: Consideration of Designation of City Manager as the City's Agent and Authorization to Submit Application to the Federal Emergency Management Agency for the February 2010 Snow Storms. City Council approved the designation of James K. Hartmann, City Manager, as the designated agent on behalf of the City for the purpose of filing application with federal agencies; authorized the City Manager to sign the FEMA application for Federal Assistance for the February 2010 snow storms; and authorized the City Manager to execute all the necessary documents that may be required. REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) DEFERRAL/WITHDRAWAL CONSENT CALENDAR Planning Commission (continued) None. END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR Council Action:_________________________________________________________ The meeting was adjourned at 4:08 p.m. Note: The action docket is a summary of Council's meeting deliberations prepared largely for staff follow-up. Formal minutes of the meeting, when approved by Council become the official record of the meeting and of Council decisions made at the meeting.