Absent: None
Also Present: Mr. Hartmann, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Johnson, Director, Office of Management and Budget (OMB); Mr. Culpepper, Deputy Director, Transportation and Environmental Services; Mr. McCobb, Transportation and Environmental Services; Mr. Neckel, Director, Finance; Mr. Farner, Planning and Zoning; Mr. Phipps, Planning and Zoning; Ms. Peterson, Urban Planner, Planning and Zoning; Mr. Smith, Planning and Zoning; Ms. Ballo, Planning and Zoning; Mr. Webb, Planning and Zoning; Mr. Mason, Acting Public Information Officer /Special Assistant to the City Manager; Ms. Davis, Director, Office of Housing; Ms. Smith-Page, Director, Real Estate Assessments; Police Lt. Uzzell; and Mr. Lloyd.
Recorded by: Jackie M. Henderson, City Clerk and Clerk of Council.
OPENING 1. Calling the Roll. The meeting was called to order by Mayor Euille, and the City Clerk called the Roll; all the Members of City Council were present. 2. Public Discussion Period. (a) Susan Crabtree, 15 Sunset Drive, spoke of damage to her and her neighbor's property with the City's assessment division and a government contractor's insurance company over its failure to compensate them for sewer line breakage that created a back-up in their homes at 15 and 11 Sunset Drive, in Rosemont, which caused $8,000 to $10,000 damage to each of the households. One of the sub-contractors for AT&T fiber-optic lines, JC Roman Construction Company, was granted the right to bore under their homes and the City secured a bond for the job. Ms. Crabtree said the City and JC Roman are washing their hands of it and are refusing to take responsibility for the damage. She noted that she sent a detailed accounting of the problem to the Mayor and Council. City Attorney Pessoa noted that this was not a City contractor - it was a private/public utility that had their contractor in the right-of-way, they did have a permit from the City with two bonds, in the amount of $5,000 each, to make sure they closed up the street after they were through. Under the City Code, the laterals, which is the part of the sewer line that was damaged, is the responsibility of the homeowner to maintain, but the City did hire and pay a company to make the repairs to the line because of the circumstances. He said the City has no liability, but does have a license agreement with the telecom provider and he would pursue using that license agreement to ensure that the telecom provider makes these people whole, as they were the responsible party who hired the contractor who caused the sewer disruption to the properties. He said that learning from this experience, they will put in a provision to deal with damage to adjacent private property. Mayor Euille suggested that all parties get together to talk out the impacts and try to come up with a win-win solution. Mr. Pessoa said he would sit down to try to resolve the issue, along with the Risk Manager and someone from Transportation and Environmental Services. (b) Edithann Jennings, 11 Sunset Drive, said she is encouraged that the City Attorney is willing to discuss the problem with JC Roman. Since the City granted the work to be done, she thought the City should stand up and protect her as it should stand up for any citizen. The companies - JC Roman and Woodlawn Construction - may do work in the City again and harm other citizens. She said the two companies should not be allowed to work in the City again until they pay for the damages they have caused. (c) Jim Hurysz, 127 S. Fairfax Street, spoke about Earth Day concerns and the environment, of the U.S. Congress's 2005 Energy Policy Act, energy conservation and tax credits. REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-6) Planning Commission 3. SPECIAL USE PERMIT #2006-0009 3575 JEFFERSON DAVIS HIGHWAY REGAL ENTERTAINMENT GROUP Public Hearing and Consideration of a request for a special use permit to amend the hours of a movie theater; zoned CDD-1/Coordinated Development District. Applicant: Regal Entertainment Group by John H. Boggs PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated April 4, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3, 4/22/06, and is incorporated as part of this record by reference.) 4. SPECIAL USE PERMIT #2006-0011 5416 EISENHOWER AVENUE (Parcel Address: 5400 Eisenhower Ave.) YOGA STUDIO Public Hearing and Consideration of a request for a special use permit to operate a yoga studio (commercial school); zoned OCH/Office Commercial High. Applicant: James Ambrogi PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated April 4, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4, 4/22/06, and is incorporated as part of this record by reference.) 5. SPECIAL USE PERMIT #2005-0137 3912 ELBERT AVENUE COMMUNITY LODGINGS Public Hearing and Consideration of a request for a special use permit for a community center and not-for-profit facility and for a parking reduction; zoned RA/Residential. Applicant: Community Lodgings, Inc., by Bonnie Baxley PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated April 4, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5, 4/22/06, and is incorporated as part of this record by reference.) 6. VACATION #2006-0001 100 UHLER TERRACE Public Hearing and Consideration of request for a vacation of public right-of-way; zoned R-8/Residential. Applicant: Cynthia Caples Trust by John Thorpe Richards, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated April 4, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6, 4/22/06, and is incorporated as part of this record by reference.) END OF ACTION CONSENT CALENDAR WHEREUPON, upon motion by Councilman Macdonald, seconded by Councilman Smedberg and carried unanimously, City Council approved the action consent calendar, with the removal of items #3 and 6, as follows: 4. City Council approved the Planning Commission recommendation. 5. City Council approved the Planning Commission recommendation. The voting was as follows: Macdonald "aye" Pepper "aye" Smedberg "aye" Gaines "aye" Euille "aye" Krupicka "aye" Woodson "aye" 3. SPECIAL USE PERMIT #2006-0009 3575 JEFFERSON DAVIS HIGHWAY REGAL ENTERTAINMENT GROUP Public Hearing and Consideration of a request for a special use permit to amend the hours of a movie theater; zoned CDD-1/Coordinated Development District. Applicant: Regal Entertainment Group by John H. Boggs PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated April 4, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3, 4/22/06, and is incorporated as part of this record by reference.) Councilman Krupicka asked questions about the opening hours and the additional staff request of the applicant, which were answered by Ms. Peterson. WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows: Krupicka "aye" Gaines "aye" Pepper "aye" Macdonald "aye" Euille "aye" Smedberg "aye" Woodson "aye" 6. VACATION #2006-0001 100 UHLER TERRACE Public Hearing and Consideration of request for a vacation of public right-of-way; zoned R-8/Residential. Applicant: Cynthia Caples Trust by John Thorpe Richards, attorney. PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated April 4, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6, 4/22/06, and is incorporated as part of this record by reference.) Councilman Smedberg asked about the financial aspect of this and how they would be assessed, which was addressed by Real Estate Director Smith-Page. WHEREUPON, upon motion by Councilman Macdonald, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Planning Commission recommendation, with the stipulation that if the Norway Pine does not make it, the owner would plant a native tree acceptable to the City Arborist and at least 15 feet in height, and with an additional condition to require the payment of the designated fee as stated by the Assessor. The voting was as follows: Macdonald "aye" Gaines "aye" Pepper "aye" Krupicka "aye" Euille "aye" Smedberg "aye" Woodson "aye" Mayor Euille appointed the following viewers for this property: Katrine Fitzgerald, Judy Lowe and Kellie Meehan (chair.) REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 7. Public Hearing on the City's FY 2007 Draft One-Year Action Plan for Housing and Community Development. (A copy of the City Manager's memorandum dated April 18, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/22/06, and is incorporated as part of this record by reference.) The following persons participated in the public hearing on this item: (a) Michelle L'Heureux, 1120 S. Alfred Street, Apt. 203B, said members of the Alexandria Affordable Housing Advisory Committee support the draft of the Plan. (b) Nancy Carson, 301 W. Masonic View, representing Housing Action, said their efforts to produce a comprehensive plan have been joined by 26 groups, and she complimented the Department of Housing and the Director, Ms. Davis, for coming up with a fine consolidated Plan and said they look forward to working with the City. (c) Katy Cannady, 20 E. Oak Street, complimented the work of the people that devoted a lot of time on this and said they need more affordable housing. WHEREUPON, upon motion by Councilman Gaines, seconded by Councilwoman Woodson and carried unanimously, City Council held the public hearing, accepted the report and asked that there be a work session before the end of the fiscal year on the Plan. The voting was as follows: Gaines "aye" Pepper "aye" Woodson "aye" Krupicka "aye" Euille "aye" Macdonald "aye" Smedberg "aye" REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 8. MASTER PLAN AMENDMENT #2005-0006 POTOMAC YARD FOR THE PROPERTIES BOUNDED BY FOUR MILE RUN, JEFFERSON DAVIS HIGHWAY, BRADDOCK ROAD, SLATERS LANE AND THE GEORGE WASHINGTON MEMORIAL PARKWAY Public Hearing and Consideration of a request for: (1) a revision to the transportation chapter of the City's Master Plan to designate Route 1-Jefferson Davis Highway as the route for transit-bus rapid transit (2) amendment to the City of Alexandria Zoning Ordinance to revise the CDD Zone regulations, Section 5-600, to designate Route 1- Jefferson Davis Highway as the route for transit-bus rapid transit. Staff: Department of Planning and Zoning PLANNING COMMISSION ACTION Recommend Approval as Amended 6-0 (A copy of the Planning Commission report dated April 4, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8, 4/22/06, and is incorporated as part of this record by reference.) Mr. Culpepper and Mr. Phipps made a presentation of the staff report and responded to questions of Council. The following persons participated in the public hearing on this item: (a) Katy Cannady, 20 E. Oak Street, said she supports BRT everywhere in the City where it can be placed, but Route 1 is not the place. The BRT needs to be where the development is and where it is envisioned to be in the 1999 Potomac Yard Plan. Ms. Cannady said there needs to be as much segregation between major traffic and the BRT lines as it can get. (b) David Fromm, 2307 E. Randolph Avenue, spoke of the maps he passed out to Council, the ridership numbers, the character of Main Street, and using circulator buses. (c) Amy Slack, 2307 E. Randolph Avenue, co-chair of the land use committee of the Del Ray Citizens Association, said Potomac Yard was intended to be a mass-transit oriented and pedestrian friendly community and widening Route 1 would not help the transition between the communities and help to divide rather than unite them. She asked if a parking district would be considered and would the cost of enforcing it be off-set by the increase in ridership. (d) Boyd W. Walker, 922 Cameron Street, said he is against the proposal as the transit corridor should be on Main Street in Potomac Yard. He said the issue is not where to build it, but when it will be built and it will be built sooner if it can get the developer to put the infrastructure in the Yard. He said there is not community consensus that it should be on Route 1. WHEREUPON, upon motion by Councilwoman Woodson, seconded by Councilman Krupicka, City Council closed the public hearing. The voting was as follows: Woodson "aye" Pepper "aye" Krupicka "aye" Gaines "aye" Euille "aye" Macdonald "aye" Smedberg absent WHEREUPON, upon motion by Councilwoman Woodson, seconded by Councilman Krupicka and carried 6-0, City Council approved the Planning Commission recommendation, with the inclusion of language on exclusive transit use, which will come back in the ordinance language. The voting was as follows: Woodson "aye" Pepper "aye" Krupicka "aye" Gaines "aye" Euille "aye" Macdonald "aye" Smedberg absent 9. MASTER PLAN AMENDMENT #2006-0003 REZONING #2006-0001 (OLD AND HISTORIC ALEXANDRIA DISTRICT MAP AMENDMENT) 1500, 1502, 1504, 1506, 1508, 1510, 1512, 1514, 1518, 1520, 1522, 1524, 1600, 1602, 1604, 1606, 1608, 1610, 1612, 1614 King Street 101,103, 105 South Peyton (zoned KR/King Street Urban Retail Zone) 1602, 1604 DeChantal Street (zoned OCH/Office Commercial High) Public Hearing and Consideration of a request (a) to amend the City's Master Plan, adopting the new boundaries of the Old and Historic Alexandria District, and (b) an amendment to the City of Alexandria zoning map to reflect the new boundaries of the Old and Historic Alexandria District. Staff: Department of Planning and Zoning PLANNING COMMISSION ACTION: MPA#2005-0004 Recommend Approval 6-0 REZ#2005-0006 Recommend Approval 6-0 (A copy of the Planning Commission report dated April 4, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9, 4/22/06, and is incorporated as part of this record by reference.) Mr. Phipps and Ms. Ballo of the Office of Planning and Zoning made a presentation of the staff report and answered questions of Council. The following persons participated in the public hearing on this item: (a) Katy Cannady, 20 E. Oak Street, Upper King Street Preservation Group member, said she is in favor of saving the buildings from the 30's and 20's and they are historic, and it is a shame it wasn't recognized a long time ago, or at least a few years ago. (b) Boyd W. Walker, 922 Cameron Street, said he is also a member of the Upper King Street Preservation Group, and he noted the other members of the Group. He said it is good to do the expansion quickly, as they have already lost 1514 and 1516 King Street and most of 1600 and 1602 King Street. He said he hoped there would be money in the budget to do the survey of Parker-Gray and Old and Historic District, and he said when the book is re-written, he hoped they include the other districts throughout the City. (c) Lillian J. White, 119 W. Mason Avenue, said Alexandria would be less interesting, charming and unique without its historical and cultural experiences, and it offers a range of historical and architectural structures that house the residents and businesses, particularly along King Street, including the 100 year old buildings at 1500 King Street, the Coca-cola plant and the row houses along King Street. Ms. White spoke about National Preservation Month in May. (d) Lee Quill, 206 East Spring Street, said he is a resident and an architect for a project at 1604-1614 and noted items about the project and design and alterations to the project. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing. The voting was as follows: Krupicka "aye" Pepper "aye" Gaines "aye" Macdonald "aye" Euille "aye" Smedberg "aye" Woodson "aye" WHEREUPON, upon motion by Councilman Macdonald, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows: Macdonald "aye" Gaines "aye" Pepper "aye" Krupicka "aye" Euille "aye" Smedberg "aye" Woodson "aye" Board of Architectural Review 10. Public Hearing and Consideration of an Appeal of the Board of Architectural Review for Case No. BAR-2006-0001, an Appeal of the Board's decision approving demolition/encapsulation and for Case No. BAR 2006-0002, a decision approving alterations and construction of an addition at 809 S. Lee Street, zoned RM Residential. Applicant: Michael and Allyson Hazzard. Appellant: Gina Moran, on behalf of petitioners. (A copy of the Planning Commission report dated April 4, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10, 4/22/06, and is incorporated as part of this record by reference. A copy of the appeal is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10, 4/22/06, and is incorporated as part of this record by reference.) Mr. Phipps, along with Mr. Webb, made a presentation of the staff report and responded to questions of Council. Mr. Oscar Fitzgerald, representing the Board of Architectural Review, spoke in support of the applicant and the BAR's decision. The following persons participated in the public hearing on this item: (a) Lonnie Rich, attorney representing the appellants, Rich and Gina Moran, spoke in support of the appeal. (b) Glenn Sandlin, 204 Jefferson Street, spoke in support of the appeal. (c) Kim Stamatin, 208 Jefferson Street, spoke in support of the appeal. (d) Megan Dowler, 204 Jefferson Street, read a letter from her neighbors Linda and Dave Signori of 210 Jefferson Street, in support of the appeal and said she herself is also in support of the appeal. (e) Julie Guiffre, 212 Jefferson Street, spoke in support of the appeal. (f) Tom Downey, 823 S. Lee Street, spoke against the appeal. (g) Kay Downey, 823 S. Lee Street, spoke against the appeal. (h) Teresa Miller, 808 S. Lee Street, spoke as a board member of the civic association, said the association did not take a position on this as the association does not to take positions on individual property disputes and only to take positions on issues that are of unanimous agreement in the neighborhood. Ms. Miller said that speaking as a neighbor, she is opposed to the appeal. (i) Tara Moran, 206 Jefferson Street, spoke in support of the appeal. (j) Gina Moran, 206 Jefferson Street, spoke in support of the appeal. (k) Rebecca Bostick, 1819 Drury Lane, architect for Mike and Allyson Hazzard, spoke against the appeal. (l) John Wilson, 819 S. Lee Street, spoke against the appeal. (m) Paul Miller, 800 S. Lee Street, spoke against the appeal. (n) Eve Capps, 824 S. Lee Street, spoke against the appeal. (o) Mike Hazzard, 809 S. Lee Street, spoke against the appeal. (p) Allyson Hazzard, 809 S. Lee Street, spoke against the appeal. (q) Ted Mannon, 831 S. Lee Street, spoke against the appeal. (r) RaeAnn Miller, 800 S. Lee Street, spoke against the appeal. (s) Judith Shehan, 720 S. Lee Street, spoke against the appeal. (t) Robert Shehan, 720 S. Lee Street, spoke against the appeal. (u) Yvonne Weight Callahan, 735 S. Lee Street, spoke against the appeal. (v) Rich Moran, 206 Jefferson Street, spoke in favor of the appeal. (w) Duncan Blair, 524 King Street, spoke against the appeal. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing. The voting was as follows: Krupicka "aye" Pepper "aye" Gaines "aye" Macdonald "aye" Euille "aye" Smedberg "aye" Woodson "aye" WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried 6-1, City Council upheld the decision of the Board of Architectural Review and denied the appeal. The voting was as follows: Krupicka "aye" Pepper "aye" Smedberg "aye" Gaines "aye" Euille "aye" Macdonald "no" Woodson "aye" City Attorney Pessoa noted that the Charter and Zoning Ordinance provide that if Council makes written findings, that those are conclusive in any judicial review of Council's decision, and he said he would bring written findings back on April 25, reflecting the discussion today and Council can then adopt those. (The April 25, 2006, memo is incorporated into this record by reference.) ORDINANCES AND RESOLUTIONS 11. Public Hearing, Second Reading and Final Passage of an Ordinance Making Supplemental Appropriations for FY 2006. (#16, 4/11/2006) (ROLL-CALL VOTE) (A copy of the City Manager's memorandum dated April 4, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 04/22/06, 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. 11; 04/22/06, 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. 11; 04/22/06, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously by roll-call vote, City Council closed the public hearing and passed an ordinance making supplemental appropriations for FY 2006. The voting was as follows: Krupicka "aye" Pepper "aye" Gaines "aye" Macdonald "aye" Euille "aye" Smedberg "aye" Woodson "aye" The ordinance reads as follows: ORDINANCE NO. 4440 AN ORDINANCE making supplemental appropriations for the support of the government of the City of Alexandria, Virginia, for fiscal year 2006.