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) Joyce Woodson, 1407 Wayne Street, spoke about the recent behavior of the elected Alexandria School Board and noted that process is important, and it is not just that they vote, but that they vote for people who understand there are laws and those laws come all the way down to the lowest level possible, which includes citizens and elected bodies. She said there are several elements of the vote the School Board took that leave question. She asked Council to demonstrate its leadership and to do something. Ms. Woodson read from an editorial in the Washington Post about the D.C. Schools and what is right about the D.C. Schools. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR1 (3-7) Planning Commission 3. SPECIAL USE PERMIT #2007-0031 822 SOUTH PICKETT STREET (Parcel Address: 820 South Pickett Street) GOLDEN LILLY FOOD CORP Public Hearing and Consideration of a request to amend a special use permit to allow seating at a restaurant: zoned I/Industrial. Applicant: Golden Lilly Food Corp by Cam T Luu PLANNING COMMISSION ACTION: Recommend Approval 5-0 4. SPECIAL USE PERMIT #2007-0028 2281 EISENHOWER AVENUE (Parcel Address: 2251 Eisenhower Avenue) UPTOWN MARKET AND CAFE Public Hearing and Consideration of a request to operate a restaurant and convenience store; zoned CDD-2/Coordinated Development District. Applicant: Tae Paul Park PLANNING COMMISSION ACTION: Recommend Approval 5-0 5. SPECIAL USE PERMIT #2007-0035 155 WESMOND DRIVE CHILD CARE HOME Public Hearing and Consideration of a request to operate a child care home; zoned RB/Residential. Applicant: Sharon Ridley PLANNING COMMISSION ACTION: Recommend Approval 5-0 6. SPECIAL USE PERMIT #2007-0036 2504 OAKVILLE AVENUE ALEXANDRIA BOXING CLUB Public Hearing and Consideration of a request to operate a recreational boxing club; zoned I/Industrial. Applicant: Judy Wrench PLANNING COMMISSION ACTION: Recommend Approval 5-0 7. SPECIAL USE PERMIT #2007-0032 2600 BUSINESS CENTER DRIVE TEMPORARY PARKING LOT Public Hearing and Consideration of a request to use the subject property as a temporary parking lot for employees and City vehicles; zoned I/Industrial. Applicant: City of Alexandria, General Services by Jeremy McPike PLANNING COMMISSION ACTION: Recommend Approval 5-0 END OF ACTION CONSENT CALENDAR City Council approved the action consent calendar, with the removal of item #3, which was considered under separate motion, as follows: 3. City Council approved the Planning Commission recommendation. (separate motion) 4. City Council approved the Planning Commission recommendation. 5. City Council approved the Planning Commission recommendation. 6. City Council approved the Planning Commission recommendation. 7. City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER None. REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 8. TEXT AMENDMENT #2007-0003 SMOKE FREE RESTAURANTS Public Hearing and Consideration of a request for amendments to the Zoning Ordinance to add definitions under new Sections 2-190.1 and 2-193.1, and to add new Section 7-2200 relating to requirements for smoke-free restaurants. Staff: Department of Planning and Zoning PLANNING COMMISSION ACTION: Recommend Approval 4-2 (Deferred from the May 12, 2007 City Council Meeting) City Council approved the Planning Commission recommendation, to include the separate and independent HVAC system and the reenactment clause, along with the following amendments: 1. This be made a Council Legislative item for: (a) asking the General Assembly for a state-wide smoking ban; or (b) giving local jurisdictions the power to ban smoking; 2. The no-smoking area is to be in the public right-of-way (sidewalks); and 3. The City Attorney will consult with legal staffs of surrounding jurisdictions to determine if they would support similar legislation in those jurisdictions. Council Action:_________________________________________________________ 9. TEXT AMENDMENT #2007-0004 OUTDOOR DINING Public Hearing and Consideration of request to amend Section 6-800 of the Zoning Ordinance, the King Street Outdoor Dining Overlay Zone. Staff: Department of Planning and Zoning. PLANNING COMMISSION ACTION: Recommend Approval 5-0 City Council deferred action until the June 26, 2007 City Council meeting, along with docketing an emergency ordinance for June 26. Council Action:_________________________________________________________ 10. MASTER PLAN AMENDMENT #2007-0001 Public Hearing and Consideration of a request for a revision of the transportation chapter of the City's Master Plan to designate the location of a dedicated transit-bus rapid transit lane(s) north of the Route 1 - Monroe Avenue bridge to be within the central landscaped median. Staff: Departments of Planning and Zoning and Transportation and Environmental Services. PLANNING COMMISSION ACTION: Resolution Adopted and Recommended 5-0 City Council approved the Planning Commission recommendation and to designate the median area as the location for the dedicated transit lanes. Council Action:_________________________________________________________ 11. SPECIAL USE PERMIT #2007-0027 1225 POWHATAN STREET VASO'S KITCHEN Public Hearing and Consideration of a request to amend a special use permit to increase seating, add alcohol service and a request for a parking reduction; zoned RB/Residential. Applicant: Vasiliki Voiliotis and Efthalia Dhana PLANNING COMMISSION ACTION: Recommend Approval w/amendments 5-0 City Council approved the Planning Commission recommendation, with an amendment to condition #33 to add that it is in consultation with the North East Citizens' Association. Council Action:_________________________________________________________ 12. SPECIAL USE PERMIT #2007-0033 719 KING STREET RESTAURANT Public Hearing and Consideration of a request to amend a special use permit for a restaurant to allow delivery service, increased seating, extended hours, and live entertainment; zoned CD/Commercial Downtown. Applicant: Hayman Rajamani PLANNING COMMISSION ACTION: Recommend Approval 5-0 City Council approved the Planning Commission recommendation, with the deletion of the request for increased seating. Council Action:_________________________________________________________ 13. ENCROACHMENT #2007-0002 711-717 GIBBON STREET Public Hearing and Consideration of a request for an encroachment into the public right-of-way for gas meters; zoned CL/Commercial Low. Applicant: Ellis Denning Construction, LLC by Mary Catherine Gibbs, attorney PLANNING COMMISSION ACTION: Recommend Approval 5-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 14. DEVELOPMENT SPECIAL USE PERMIT #2006-0023(A) SPECIAL USE PERMIT (TMP) #2007-0018 (B) VACATION #2007-0001 (C) 1703, 1705, 1707 DUKE STREET, 206 REINEKERS LANE, 1710 AND 1708 PRINCE STREET EDMUNDSON PLAZA Public Hearing and Consideration of a request for approval of: 1) a development special use permit, with site plan and modifications, for an office building with ground-floor retail and underground parking, a request for increased height and floor area, and a request to operate a restaurant and a health club; 2) a special use permit for a Transportation Management Plan; and 3) a vacation of a portion of the public right-of-way on Reinekers Lane; zoned OCH/Office Commercial High. Applicant: Carr Properties by Jonathan Rak, attorney. PLANNING COMMISSION ACTION: Recommend Approval w/amendment 5-0 City Council approved the Planning Commission recommendation, with the changes to conditions #2, 5, 50, 97 and 98 as listed in the letter of June 16, 2007 from Jonathan Rak from McGuire Woods, with an additional condition to allow, with the approval of the Planning Director, a child care facility to be a potential use on the ground floor. Council Action:_________________________________________________________ 15. VACATION #2006-0004 10 RUSSELL ROAD Public Hearing and Consideration of a request to vacate public right-of-way; zoned R-5/Residential. Applicant: Earnest Baucom and Vi Jaramillo PLANNING COMMISSION ACTION: Recommend Denial 7-0 City Council approved the Planning Commission recommendation for denial. Council Action:_________________________________________________________ Board of Architectural Review 16. Public Hearing and Consideration of an Appeal of the Board of Architectural Review's decision denying a request for demolition/encapsulation at 219 N. Royal Street, zoned RM Residential. APPLICANT AND APPELLANT: David Canfield City Council upheld the Board of Architectural Review's decision. Council Action:_________________________________________________________ 17. Public Hearing and Consideration of an Appeal of the Board of Architectural Review's decision approving a request for demolition as amended at 200 Commerce Street, zoned CL Commercial. APPLICANT AND APPELLANT: Boyd Walker City Council allowed the after the fact demolition, but that it be a $6,500 fine and if construction of the canopy is not accomplished within six months from Monday, June 18 (when the certificate of appropriateness is issued) that it revert to the $25,000 fine, minus the $6,500 fine. Council Action:_________________________________________________________ 18. Public Hearing and Consideration of an Appeal of the Board of Architectural Review's decision approving a request for alterations as amended at 200 Commerce Street, zoned CL Commercial. APPLICANT AND APPELLANT: Boyd Walker City Council allowed the after the fact demolition, but that it be a $6,500 fine and if construction of the canopy is not accomplished within six months from Monday, June 18 (when the certificate of appropriateness is issued) that it revert to the $25,000 fine, minus the $6,500 fine. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 19. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Provide for Smoke-Free Restaurants. City Council passed the ordinance on first reading and set the public hearing for June 26, 2007. Council Action:_________________________________________________________ 20. Public Hearing, Second Reading and Final Passage of an Ordinance Making Supplemental Appropriations For FY 2007. (#12, 6/12/07) [ROLL-CALL VOTE] City Council passed an ordinance, as amended, making supplemental appropriations for FY 2007. (ORD. NO. 4485) Council Action:_________________________________________________________ 21. Public Hearing, Second Reading and Final Passage of an Ordinance Making Appropriations for FY 2008. (#13, 6/12/07) [ROLL-CALL VOTE] City Council passed an ordinance making appropriations for FY 2008. (ORD. NO. 4486) Council Action:_________________________________________________________ 22. Public Hearing, Second Reading and Final Passage of an Ordinance to Repeal the Hotel Room Tax Exemption For Charges Paid by Government Employees and Reimbursed By Their Government Agency. (#14, 6/12/07) [ROLL-CALL VOTE] City Council passed an ordinance to repeal the hotel room tax exemption for charges paid by government employees and reimbursed by their government agency. (ORD. NO. 4487) Council Action:_________________________________________________________ 23. Public Hearing, Second Reading and Final Passage of an Ordinance to Increase Certain Motor Vehicle License Fees, in Accordance With the 2007 Transportation Funding Act. (#15, 6/12/07) [ROLL-CALL VOTE] City Council passed an ordinance to increase certain motor vehicle license fees, in accordance with the 2007 Transportation Funding Act. (ORD. NO. 4488) Council Action:_________________________________________________________ 24. Public Hearing, Second Reading and Final Passage of an Ordinance to Revise the City's Erosion and Sediment Control Regulations. (#16, 6/12/07) [ROLL-CALL VOTE] City Council passed an ordinance to revise the City's Erosion and Sediment Control Regulations (ORD. NO. 4489) Council Action:_________________________________________________________ 25. Public Hearing, Second Reading and Final Passage of an Ordinance to Provide For Appeals From Supplemental Real Estate Tax Assessments For Newly Completed Buildings. (#17, 6/12/07) [ROLL-CALL VOTE] City Council passed an ordinance to provide for appeals from supplemental real estate tax assessments for newly completed buildings. (ORD. NO. 4490) Council Action:_________________________________________________________ 26. Public Hearing, Second Reading and Final Passage of an Ordinance to Increase the Courthouse Security Fee Charged to Convicted Criminal and Traffic Case Defendants. (#18, 6/12/07) [ROLL-CALL VOTE] City Council passed an ordinance to increase the Courthouse security fee charged to convicted criminal and traffic case defendants. (ORD. NO. 4491) Council Action:_________________________________________________________ 27. Public Hearing, Second Reading and Final Passage of an Ordinance to Reauthorize Red Light Cameras. (#19, 6/12/07) [ROLL-CALL VOTE] City Council passed an ordinance to reauthorize red light cameras. (ORD. NO. 4492) Council Action:_________________________________________________________ 28. Public Hearing, Second Reading and Final Passage of an Ordinance to Codify the 2006 Change in Funding Level of the Open Space Trust Fund Account at One Percent of the Total Real Estate Tax Assessment in the City. (#20, 6/12/07) [ROLL-CALL VOTE] City Council deferred this item to the June 26, 2007 Council meeting. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) DEFERRAL/WITHDRAWAL CONSENT CALENDAR (29-30) Planning Commission (continued) 29. SPECIAL USE PERMIT #2007-0029 625 BURNSIDE PLACE ALEXANDRIA WASTE RECOVERY FACILITY Public Hearing and Consideration of a request to amend a special use permit to increase the allowed daily tonnage at a waste recycling facility; zoned I/Industrial. Applicant: Sandra Crippen PLANNING COMMISSION ACTION: Deferred 30. DEVELOPMENT SITE PLAN #2005-0012 5325 POLK AVENUE POLK AVENUE Public Hearing and Consideration of a request for a development site plan, with modifications, to construct multi-family buildings with townhouse-style condominium units on a portion of the site; zoned R-A/Residential. PLANNING COMMISSION ACTION: Deferred END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR City Council noted the deferrals. Council Action:_________________________________________________________ * * * * * *