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) John Antonelli, 1016 S. Wayne Street, Arlington, spoke of a plan by the Washington Metropolitan Area Transit Authority (WMATA) to take four blue line trains that normally run through Rosslyn, Foggy Bottom and Farragut West and run them over the long bridge out to L'Enfant Plaza. He said Metro's reason for doing it is they claim that with that area redeveloping, that is where people really want to go. What is really going on is that is a plan to take those four blue line trains, get them out of the Rossyln viaduct and run four more orange line trains, and the bottom line is it is a net loss for Alexandria, as people who need to go downtown will have to wait for the remaining crowded blue line trains or go to L'Enfant Plaza. Mr. Antonelli said that Metro will be holding hearings on this in the summer and he hoped the City would do its best to make sure the word gets out that the plan is in existence. He said he hoped Council would speak to its representative on the Metro Board and encourage them to not support it. (b) Christopher Koeppel, 940 N. Henry Street, spoke about having a security guard at the library during the morning, early afternoon and evening hours, as sometimes children come in with their parents or other people come in and they are loud and noisy, and the librarians have difficulty keeping them quiet. He also spoke of his persecution in the D.C. Metro area for his political and religious beliefs and said it persecuted him into homelessness. (c) Gary Carr, 216 Aspen Street, speaking in support of the running tracks at Hammond and George Washington Middle Schools, showed a picture of the running track and the field at Hammond after one inch of rain. He said a running track facility allows for year-round usage from a larger range of the population and a field serves team sports in a limited number of participants. Field sports are well organized, whereas track activities at their core are individual or loosely affiliated. While a strong case could be made that a track is a better investment for the community than a field, fields hold political sway. He said that in a community of 136,000, they have no track facilities. He said it does not address the facilities in the east or west end of the City and it would not be available for the community during school hours or even during school because of organized activities. It does not have lights and cannot be used after dark. He said they must restore the track at their middle schools for numerous reasons, but should build an eight lane facility somewhere in the City limits that would serve a greater public good. Mr. Carr requested a study be instituted to measure the economic impact of hosting a regional or statewide track meet would have on the City. (d) Ingrid Sanden, 5238 Bessley Place, president, Cameron Station Civic Association, said the Cameron Station Civic Association and HOA were pleased with the turnout from the community meeting on Monday night, and there were representatives from neighborhoods across the City and parents of students at Tucker, proving that the Norfolk Southern ethanol transloading facility is a serious concern for more than just Cameron Station residents. She said people are appreciative and understanding of what the City has done and is doing, however, there are too many unanswered questions, a lack of specific information, such as a concrete plan about evacuation and emergency and perceived lack of a coordinated and articulated strategy to leave people with a sense of confidence and calm. She said the specialized fire apparatus to battle an ethanol fire is housed in a location that is not readily accessible to the incident, and the school evacuation doesn't consider that many parents have limited English language skills and do not have easy access to email and radio at their jobs. Residents at the meeting expressed their anger with Norfolk Southern, and the Norfolk Southern representatives haven't done much to ingratiate themselves to the residents. However, the residents also expressed a frustration as opposed to anger with City staff and Council after the meeting. She said she attended the fire prevention training at the Norfolk Southern facility yesterday, and while the information was somewhat useful, it didn't instill a lot of confidence when she could look over from the transfer pumps through the train cars and see children playing at Tucker Elementary playground. She said that on three separate occasions during her one hour on the grounds of the facility, comments were made by both Norfolk Southern employees and RSI employees that the safety precautions being taken were perhaps overzealous for the level of risk at the facility. One Norfolk Southern employee said to her that the 20 car derailment site and fire in Pennsylvania in 2006 had buildings 150 feet away that remained unscathed. She said Norfolk Southern has proven on many occasions that they don't care about the residents or school children near the facility. She urged the Mayor and Council to come back to the community with more specifics, less defensiveness and a willingness to address their needs rather than brief them on their needs and said they look forward to learning more about the City Council strategies and supporting Council in its fight. Mayor Euille noted that Council had an executive session after its legislative meeting this past Tuesday and has an executive session scheduled for after this meeting today to hopefully conclude their discussions and they will be releasing a statement in terms of the concerns she just expressed and moving forward, that will also include community participation. (e) Mindy Lyle, 5235 Tancriti Lane, speaking on behalf of the Cameron Station Civic Association and the Cameron Station Homeowners Association, said that several years ago, focus groups, community meetings and public announcements from the Council and General Growth Properties signaled what residents of the West End thought were new beginnings that would be brought about by the redevelopment of the Landmark Van Dorn area. After the formation of the Landmark Van Dorn Advisory Group, there was renewed hope that the West End could become a vibrant part of the City. However, the City has continued to award SUP's for heavy industrial use and encourage the movement of heavy industrial use from one area of the City to the West End, sending out the message to corporations that this is an appropriate use inside of the capital beltway. She said their hopes have been dashed again by the opening of the ethanol transloading facility by Norfolk Southern. Ms. Lyle said they now have a use that presents a danger to Tucker school, Cameron Station, Summers Grove, numerous businesses, residents, Metro and the Capital Beltway. She said that perhaps the facility would not have been open had the City been sending out signals that heavy industrial use adjacent to mixed use redevelopment areas and a Metro station was not appropriate. She asked the City to declare a moratorium on new heavy industrial use, the intensification of heavy industrial use and the movement of heavy industrial use from one site in the City to another, until such time as a study can be completed and analysis done showing appropriateness of such uses in a heavy populated urban area adjacent to a Metro station and answering the question, does the City need heavy industrial use within its boundaries or is the use obsolete. She said they are not opposed to business, but they are in favor of appropriate businesses. Other jurisdictions don't have to allow these types of uses, since Alexandria provides for everyone else. Other jurisdictions have mixed use developments around Metro stations that provide increased tax revenues. She said the redevelopment of the Landmark Van Dorn area will be impeded further by increased industrial use, and they feel the developers value a continuation of compatible use and may be more likely to begin redevelopment of the area if their developments are not threatened by incompatible uses. She asked Council to declare the moratorium on heavy industrial use. She also asked that all other homeowners associations, civic associations and the Federation join them in requesting this action. (f) Poul Hertel, 1217 Michigan Court, said he is the newly elected president of Old Town Civic Association and he spoke about the breaching of social contracts. He said a Zoning Ordinance in a property rights state can be viewed as a social contract that is entered into by the residents, the developer, the business and the City. Unfortunately, he said, the City has taken upon itself to abrogate these contracts in certain areas of the City. Public housing is important to the City, but it let James Bland neighbors pay for it by tripling their density through zoning changes for them. Irrespective of the nonsensical $120,000 limit they are asking them to subsidize is weighing down if not possibly jeopardizing the entire historic preservation of Old Town by entertaining the tripling of the density and height on Washington Street. He said they want to take away their ability to comment on SUP's, a fundamental part of the social contract. Mr. Hertel said that on the waterfront, the owners of the Robinson Terminal wish to terminate the '92 small area plan. If that is the case, then they demand an open dialogue where they are at the table. He said they are promulgating policies of changes in their social contract cumulatively or surpassing their staff's ability to provide an analytical support required and their ability to absorb them. If Council chooses to keep on this path, they need the City to work with them, not against them, and they need much higher level of analytical work rather than political rhetoric. (g) Jack Sullivan, 4300 Ivanhoe Place, presented Council with a resolution that was adopted by the Seminary Hill Association Board at its meeting this past Thursday concerning the opposition of the Norfolk Southern's ethanol off-loading site in southwestern Alexandria. The Association urges the City officials and federal and state executive and legislative authorities to do everything in their power to force Norfolk Southern to cease operations immediately because the potential danger to nearby school children and residents and to the several vital transportation arteries that are adjacent to the site. They also request the Commonwealth's Attorney to consider loading criminal charges of reckless endangerment against those responsible at Norfolk Southern who allow the facility to begin operations without Alexandria's first responders having the capacity to combat an explosion, fire or spill disaster. Mr. Sullivan said the term reckless endangerment differs in definition among legal jurisdictions, however, two characteristics mark all such laws. The accused engaged in conduct that placed or might have placed another person in danger of death or serious bodily harm and that the accused acted recklessly and the conduct deviated from a standard of care and safety that normally would be required under the circumstances of the situation. He said they believe these criteria have been met, when Norfolk Southern opened its facility without the Alexandria Fire Department being aware of its presence and without the equipment or training to combat a disaster. Ethanol is a dangerous and hazardous chemical, and in October 2006, a Norfolk Southern train with 23 ethanol cars derailed in western Pennsylvania, causing a massive fire in which a number of tank cars were destroyed. Start-up's are among the most risky periods in any operation, yet Norfolk Southern ignored the potential and started the facility without adequate safeguards, and they think this is reckless endangerment and borders on the criminal. He said he hoped the City would pursue that avenue as well as others. (h) Annabelle Fisher, 5001 Seminary Road, said she is a renter and is a member of the Landlord-Tenant Board, and she requested the Council to use their bully pulpit to not only pursue and encourage homeownership but to encourage the rights of renters to rent and live in Alexandria, as renters are a good group of people. There are many people who rent who don't want to buy, can't afford to buy who have lived in Alexandria for years and want to stay in Alexandria. She said she hoped Council would stand up and say they want their renters there too, as they are an important part of their community. Ms. Fisher said when they have the farmers market, they are parked all around City Hall, and there are trucks parked in handicapped parking zones, and she said there aren't that many handicapped spaces and they have now taken up all the meter spaces around City Hall with a sign that says no parking from 5 a.m. to 11:45. (i) Geoffrey Goodale, 493 Naylor Place, president, Brookville Seminary Valley Civic Association, said the Norfolk Southern ethanol transloading facility is in relative close proximity to the Brookville Seminary Valley area. He said the chronology of events in their view reveals two fundamental problems. First, there was not a process in place that required the City staff to report on developments relating to the ethanol facility to the Council or to the public. Second, the actual communications between the City staff and the Council and between the City and the community were dismal. He said they believe the problems can be addressed by putting a process in place by where the City staff notified the Council and the community about any proposal by any entity to commence or intensify heavy industrial activities that affect the public health and safety and that the City staff keep the Council and the community informed of developments relating to such proposals. Dissemination of such information to the public could be done through the Enews service, or by the Planning and Zoning staff sending emails about such developments to the presidents of the affected civic associations. He said they feel it is imperative for the Council to take appropriate actions to protect public safety. Such actions would entail working with federal and state officials on legislative and regulatory initiatives and designing viable disaster preparedness plans and providing necessary equipment and training to City rescue personnel. Mr. Goodale said that in order to ensure that the situation like the present one where Norfolk Southern obtained a special ruling from the Federal Surface Transportation Board in order to avoid having to obtain an SUP from the City does not occur again, the Council can and should work closely with the members of Virginia's Congressional delegation and State delegates and senators on relevant legislative initiatives. With respect to disaster preparedness plans, he attended the community meeting in Cameron Station this past week and he did not find Mr. Porter's proposed evacuation plan for Tucker Elementary School children that involved cutting holes in fencing with bolt cutters or a key to be a viable one. He said he was also disconcerted to find out that only a handful of fire department personnel obtained training on the equipment necessary to fight ethanol triggered fires. Mr. Goodale said they understand that Council recognizes the severity of the problem and appreciate everything they are doing and requested that Council take the recommendations into consideration as it determines what action to take. (j) Julie Crenshaw Van Fleet, 26 Wolfe Street, said she was not going to dump this on the City Manager and his staff, as there is another responsibility that needs to be borne related to the ethanol plant at Cameron Station. She said that on June 20, 2006, Mr. Lawson and Mr. Winbush, both vice presidents of Norfolk Southern, met with Mr. Euille. There was a meeting with the Mayor with Norfolk Southern before there was a meeting with the City. On June 23, that meeting did take place with the City Manager and a few people in the departments in the City. She said her question to the Mayor was where was he and what did he do. She said Mayor Euille is now instructing the City Manager to inform WMATA that they have an ethanol station next to the Metro station, but she said Mayor Euille is on the Board. She asked what he has been doing besides going to Europe and being entertained by people who are not going to make a difference of an ethanol plant in Alexandria. She said he is having a great time being Mayor, but the City is not having fun. Ms. Crenshaw Van Fleet said the City has very serious problems. She said if she were him, she would have made certain that the vice mayor was there or the vice mayor was informed, and she guaranteed that Vice Mayor Pepper would have been asking questions. She said she would not have left it to the City Manager to deal with it as Norfolk Southern happens to come in and go through the City process. She said Councilman Lovain was already on Council at that time and he is the transportation person, and he could have asked him, being that Norfolk Southern is a transportation company what might be the concerns, and he could have told him about some of the transportation laws and maybe made some calls. She said Mayor Euille is responsible for the problem and he is not paying attention to what's going on in the City. She said he is going to Europe again in August and is having a good time and this is why she did not vote for him and does not support him, and it has nothing to do with anything other than she didn't think he was competent for the job. (k) Michael Hobbs, speaking on behalf of the Alexandria Federation of Civic Associations, said they do not appear to speak to the substance of the Norfolk Southern ethanol transloading case, but rather to reinforce their deep concern about the process by which it has come to this point. That process was deeply flawed and they should assign the highest priority to correcting it if public confidence in the transparency and competence of the government are to be maintained. Two years ago, he said, residents in the Cameron Station and Summers Grove neighborhoods were surprised to learn that the Virginia Paving Plant next door had not been operating in accordance with the terms of their special use permit for some time, and that the company planned to substantially expand its operation. A new SUP was granted to permit the expanded operation but it was conditioned on new provisions designed to protect the public health and safety. The Council made every effort to reassure the public that its interest would be protected to the maximum extent possible, and now a little less than two years later, the community has learned once again that a significant new industrial operation posing substantial questions about public safety has begun without their prior knowledge or participation. He said the purpose is not to argue who is responsible for the failure of communication, as that damage is already done and fixing blame for it does not help to resolve the situation that now confronts Council. They want to emphasize what they already know, which is that the lack of public information and participation in the process has damaged the credibility not only of Norfolk Southern but of the City. Norfolk Southern's refusal to discuss its plans with the community, or even to consider Mayor Euille's request that it suspend the operation until the minimum safety measures could be put in place has displayed an arrogant indifference to the public interest. But the City itself, by its own actions or omissions, has impaired the community's trust and confidence in their City government's ability to protect that interest. He said that regardless of the outcome, they should all have learned once again that failure to assure public participation in decisions which may have significant impacts on their community can have damaging consequences that go well beyond the particulars of the case at hand. It is imperative that the City now and going forward renew and restate its commitment to the principle of public awareness, information and opportunity to participate in the process leading to such important decisions. The message that comes from the top, from the Mayor, Council and City Manager, is key. That message should be that in Alexandria, public participation is not regarded as an annoyance or an aggravation, something to be avoided or overlooked if it is inconvenient, it is a central principal of their government, and as such, their elected and appointed officials should assure that it is honored both in principle and in practice in the Norfolk Southern case and in any other matters of comparable public importance. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 3. Public Hearing on the Questions To Be Submitted For an Advisory Referendum to the Voters of the City Regarding the Process to Elect the City Council and School Board and Whether the Questions Should Be Included on the Ballot at a May General Election or at a November General Election. (#29, 5/13/08) City Council deferred final action on this item to June 24, 2008. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR Planning Commission 4. ENCROACHMENT #2008-0002 1309 KING STREET BAY WINDOW Public Hearing and Consideration of a request for an encroachment into the public right-of-way for a bay window; zoned KR/King Street Retail. Applicant: Cloverdale, LLC PLANNING COMMISSION ACTION: Recommend Approval 6-0 5. SPECIAL USE PERMIT #2008-0033 4300 KING STREET & 3101 PARK CENTER DRIVE XSPORT FITNESS AND HEALTH CLUB Public Hearing and Consideration of a request for an expansion of an existing health club and an increase in hours of operation; zoned CRMU-H/Commercial Residential Mixed Use High. Applicant: Capital Fitness-King Street, LLC by M. Catharine Puskar, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 6. SPECIAL USE PERMIT #2008-0035 1320 BRADDOCK PLACE (Parcel Address: 1310 Braddock Place) BRADDOCK PLACE DELI - AMENDMENT Public Hearing and Consideration of a request to amend a special use permit to increase the hours of operation, allow outdoor dining and amend the schedule for trash collection; zoned CRMU-H/Commercial Residential Mixed Use High. Applicant: Braddock Place Deli, LLC by M. Catharine Puskar, attorney. PLANNING COMMISSION ACTION: Recommend Approval 6-0 7. SPECIAL USE PERMIT #2008-0032 10 LEADBEATER STREET PARKING REDUCTION Public Hearing and Consideration of a request for a parking reduction to allow tandem parking; zoned R2-5/Residential. Applicant: Judith and Donna Ramsey by M. Catharine Puskar, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 8. DEVELOPMENT SPECIAL USE PERMIT #2008-0011 3015-3111 MOUNT VERNON AVENUE & 3026 COMMONWEALTH AVENUE MOUNT VERNON COMMONS (TRIANGLE SITE) - EXTENSION Public Hearing and Consideration of a request for a time extension of a previously approved development special use permit, with site plan, to construct a residential building with ground floor uses, an increase in FAR and a parking reduction; zoned CDD #13/Coordinated Development District 13. Applicant: Mount Vernon Commons, LLC by Joanna Frizzell, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 END OF ACTION CONSENT CALENDAR City Council approved the action consent calendar, with the removal of docket item #8, which was considered under separate motion. The approval was as follows: 3. City Council approved the Planning Commission recommendation. 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. 8. City Council approved the Planning Commission recommendation, subject to the review provision after six months if demolition has not proceeded. (separate motion) Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 9. Public Hearing to Receive Citizen Comment on the Eco City Charter for the Eco-City Alexandria Project. City Council adopted the Eco-City Charter and thanked the Environmental Policy Commission, Virginia Tech, the community and City staff who participated in the development of the Charter. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 10. DEVELOPMENT SPECIAL USE PERMIT #2007-0037 SPECIAL USE PERMIT #2008-0038 3534, 3502, 3540, 3518 & 3610 WHEELER AVENUE ALEXANDRIA POLICE FACILITY Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications, to construct a public building and a request for a special use permit for a transportation management plan; zoned I/Industrial. Applicant: City of Alexandria, Department of General Services PLANNING COMMISSION ACTION: Recommend Approval 6-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 11. TEXT AMENDMENT 2008-0005 INFILL REGULATIONS Public Hearing and Consideration of a text amendments to the Zoning Ordinance related to infill development. Staff: Department of Planning and Zoning PLANNING COMMISSION ACTION: Recommend Approval 6-0 City Council approved the Planning Commission recommendation, with a request to direct the City Attorney to bring back to Council recommendations as relates to the special use permit process and whether there are options that City Council can consider to further simplify or streamline that according to the conversations they have had, for staff to come back to City Council with further analysis of the enactment date issue, projects and process, so Council can have a better understanding of the scope and scale of the project, to hear feedback from staff and the task force about a style guide, and to accept the language with regard to redevelopment of entire blocks. Council Action:_________________________________________________________ 12. TEXT AMENDMENT #2008-0006 DEVELOPMENT SPECIAL USE PERMIT #2007-0034 3750 JEFFERSON DAVIS HIGHWAY ALEXANDRIA TOYOTA Public Hearing and Consideration of a request for: (1) a text amendment to the CDD #7 table in the City's Zoning Ordinance and; (2) a development special use permit, with site plan, to construct an auto detailing building and the installation of auto lifts; zoned CDD-7/Coordinated Development District #7. Applicant: Alexandria Toyota by Harry Hart, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 City Council approved the Planning Commission recommendation, with a request for staff to come back with a clarification of exactly what the trash can policy is, who is asked to pay what, when and how. Council Action:_________________________________________________________ 13. MASTER PLAN AMENDMENT #2008-0003 TEXT AMENDMENT #2008-0003 CDD CONCEPT PLAN #2008-0001 POTOMAC YARD DEVELOPMENT (Potomac Yard is bordered by the Arlington County line to the north, Jefferson Davis Highway to the east, George Washington Parkway to the west and Braddock Road to the south.)