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. Council Action:_________________________________________________________ 2. Public Discussion Period. (a) Robert McClellan, 400 Madison Street, said he has seen the bike population grow and expand, and it also has changed from recreational bikers to commuters, and with that change has come a change in attitude. He said the bicyclists are now off the bike paths and routinely using Fairfax, Pitt and Royal Streets as commuting areas. He said there are a lot of older residents who live in the Alexandria House and when they step off, the bikers come right through. He said bicycles are vehicles and can kill or injure a human or a pet. Mr. McClellan read an excerpt from a Washington Post article about how the person, as a bicyclist, refuses to stop for stop signs. Mr. McClellan said he has yet to see a Police Officer stop a bicyclist when they see them going through stop signs and he said he would like to see a concerted effort to ticket the bicyclists along Fairfax, Pitt and Royal Streets who are running stop signs. He requested Council to speak to the Police and tell them to apply the laws equally to all before someone is seriously injured or killed. Mayor Euille said they would apprise the Police and ask them to be more vigilant in patrolling. He also noted that next Friday is National Bike Day in Market Square and he would make sure that is part of the program, to re-emphasize safety, speeding and watching out for pedestrians. (b) Donna Posey, 1530 Princess Street, Apt. 102, spoke of the Alexandria Court system and legal systems in regard to child custody cases. She asked why certain codes that are implemented in Alexandria are not recognized in the court system, with regard to custodial interference. Mayor Euille suggested that she make contact with City Attorney Pessoa, as he can provide assistance and guidance to her. (c) Gary Carr, 216 Aspen Street, spoke about running tracks and the lack thereof. The running tracks at Hammond and George Washington Middle Schools are in deplorable condition and they have been that way for several years. The track at T.C. Williams has been unavailable for several years and has recently been slated for restoration, but it is underfunded to bring it in full compliance with the Alexandria City Public Schools Master Plan. He said they have allocated $200,000 to restore the track at the High School. There is a $20 million sports complex and there is no track and a $22 million comprehensive field plan, but no tracks. He said a running track can serve 100 people, 24 hours a day, 365 days a year. (d) Jerry Drake, 3300 Elmore Drive, said he wished to propose an amendment to the Code, Title 6, Chapter 2, Article B, Section 6-2-24, dangerous trees, shrubs, etc., declared nuisance, trimming or removal. Specifically, he asked Council to amend the Code to include any trees on private property which pose an immediate and serious danger to any other private property or person. He said his neighbor has two large, 80-foot oak trees that sit within two feet of his property boundary, combined weight to be estimated at 25 tons. He said a registered arborist, as well as John Noelle, have declared that the one tree is dead and the other is nearly dead, but the owner will not remove the trees because she believes they are not dead and she cannot afford to have them removed. Mayor Euille suggested that both the City Attorney and the Director of Parks and Recreation coordinate with Virginia Power and have a meeting to talk about the special circumstances, as it is an eminent danger and harm, as they collaborate to find a way to move the trees. He suggested that Mr. Drake get in touch with his civic association in Beverley Hills for them to weigh in on it. (e) Pat Troy, 310 Wolfe Street, said this weekend is law enforcement week, where thousands of law enforcement officers come in from all over the country, and it is a sad occasion to see all the people that come in to honor the fallen heroes that serve in law enforcement. He asked that when one sees a police officer, to shake his hand and say thanks for all they do in the community. Mr. Troy asked everyone to remember the moms on Mothers Day. Lastly, he said, he wondered if citizens realize how hard the Councilmembers work. He said Vice Mayor Macdonald has retired, served the community and Council for four years, and he did his best for his community and best for the City. He said personal issues are more important than anything else and it was not an easy issue for him to walk away from this. (f) Jim Snyder, 1907 Commonwealth Avenue, on behalf of the Del Ray Citizens Association, presented a study done by the Virginia Tech Graduate Planning and Landscape Architecture Studios, sponsored by the Del Ray Citizens Association last spring, which looked at Commonwealth Avenue from the Metro Station to Four Mile Run, to advance the City's policy statement of creating and recreating Commonwealth Avenue into a special street that would have transportation, park-like and other kinds of qualities. He presented the report to Council. Mayor Euille said he spent the past couple of weekends walking lower King Street and was out last night observing, as he has been getting complaints from citizens about the lack of a Police visibility, particularly at the intersection of Union and King Streets, with cars, bicycles, motorcycles and pedestrians, and it is very chaotic. Without having a Police Officer there to slow down traffic and direct cars, it creates a bottleneck. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-5) 3. SPECIAL USE PERMIT #2007-0009 2214 MOUNT VERNON AVENUE MASSAGE THERAPY Public Hearing and Consideration of a request to operate a massage therapy establishment; zoned CL/Commercial Low. Applicant: Sara VanderGoot PLANNING COMMISSION ACTION: Recommend Approval 6-0 4. SPECIAL USE PERMIT #2007-0022 3846 KING STREET COMPUTER CORE Public Hearing and Consideration of a request to operate a private school within an existing church building; zoned RA/Residential. Applicant: Computer CORE by Katherine Morrison PLANNING COMMISSION ACTION: Recommend Approval 6-0 5. SPECIAL USE PERMIT #2007-0025 119 SOUTH ROYAL STREET RESTAURANT Public Hearing and Consideration of a request for a change of ownership, change of hours and increased seating at a restaurant; zoned CD/Commercial Downtown. Applicant: Fontaine, Inc. by Kyong R Yi PLANNING COMMISSION ACTION: Recommend Approval 6-0 END OF ACTION CONSENT CALENDAR City Council approved the action consent calendar, with the removal of items 3 and 5, which were 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. (separate motion) Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER None. REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 6. 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 THIS ITEM WAS DEFERRED UNTIL THE SATURDAY, JUNE 16 PUBLIC HEARING MEETING. Council Action:_________________________________________________________ 7. SPECIAL USE PERMIT #2007-0019 1931 BALLENGER AVENUE (Parcel Address 1925 Ballenger Avenue) ROBEKS Public Hearing and Consideration of a request to operate restaurant; zoned CDD #1/Coordinated Development District. Applicant: Daniel Garcia PLANNING COMMISSION ACTION: Recommend Approval w/amendments 5-0-1 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 8. DEVELOPMENT SPECIAL USE PERMIT #2007-0004 2707-2711 MOUNT VERNON AVENUE Public Hearing and Consideration of a request for a development special use permit, with site plan, to increase the building height, gross square footage and use of the corner unit, and a request for a parking reduction; zoned CL/Commercial Low. Applicant: Gaver Nichols PLANNING COMMISSION ACTION: Recommend Approval w/amendments 6-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 9. Public Hearing, Second Reading and Final Passage of an Ordinance to Extend Indefinitely the Provision Allowing the Purchase of City Decals for Motor Vehicles Kept in Alexandria, in Advance of the Payment of the Personal Property Tax on Such Vehicles. (#15, 05/08/07) (ROLL-CALL VOTE) City Council passed an ordinance to extend indefinitely the provision allowing the purchase of City decals for motor vehicles kept in Alexandria, in advance of the payment of the personal property tax on such vehicles. (ORD. NO. 4479) Council Action:_________________________________________________________ 10. Public Hearing, Second Reading and Final Passage of an Ordinance to Impose Additional Administrative Fees on Delinquent Personal Property Tax Accounts. (#16, 05/08/07) (ROLL-CALL VOTE) City Council passed an ordinance to impose additional administrative fees on delinquent personal property tax accounts. (ORD. NO. 4480) Council Action:________________________________________________________ 11. Public Hearing, Second Reading and Final Passage of an Ordinance to Change the Name of the Alexandria Caen Exchange Committee. (#17, 05/08/07)(ROLL-CALL VOTE) City Council passed an ordinance to change the name of the Alexandria Caen Exchange Committee. (ORD. NO. 4481) Council Action:_________________________________________________________ 12. Public Hearing, Second Reading and Final Passage of an Ordinance to Expand the Membership of the Arts Commission. (#18, 05/08/07) (ROLL-CALL VOTE) City Council passed an ordinance to expand the membership of the Arts Commission. (ORD. NO. 4482) Council Action:_________________________________________________________ 13. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Zoning Ordinance to Permit the BZA to Approve By Special Exception Certain Open Porches in Front Yards. (#19, 05/08/07) (ROLL-CALL VOTE) City Council passed an ordinance to amend the Zoning Ordinance to permit the BZA to approve by special exception certain open porches in front yards. (ORD. NO. 4483) Council Action:_________________________________________________________ 14. Public Hearing, Second Reading and Final Passage of an Ordinance to Approve an Encroachment For a Marquee at 1101 Queen Street. (#20, 05/08/07) (ROLL-CALL VOTE) City Council deferred this item. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSION AND COMMITTEES (continued) 15. CITY CHARTER SECTION 9.06 #2007-0003 1201 NORTH BEAUREGARD STREET Consideration of a proposal by the City of Alexandria to accept as a gift the property at 1201 North Beauregard Street, pursuant to the provisions of Section 9.06 of the City Charter. Staff: Department of Planning and Zoning and the Department of Recreation, Parks and Cultural Activities PLANNING COMMISSION ACTION: Approved 6-0 (THIS ITEM IS NOT SET FOR PUBLIC HEARING BUT IS FOR CITY COUNCIL'S INFORMATION ONLY - NO APPROVAL IS NECESSARY.) Council received the report. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) DEFERRAL/WITHDRAWAL CONSENT CALENDAR (16-17) Planning Commission (continued) 16. VACATION #2006-0003 3100 COMMONWEALTH AVENUE Public Hearing and Consideration of a request to vacate a public right-of-way; zoned CL/Commercial Low. Applicant: Commonwealth Terrace, LLC, by David Chamowitz, attorney PLANNING COMMISSION ACTION: Deferred 17. TEXT AMENDMENT #2007-0004 OUTDOOR DINING Public Hearing and Consideration of a 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: Deferred END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR City Council noted the deferrals. Council Action:_________________________________________________________ * * * * * * The meeting adjourned at 10:38 a.m.