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) Amy Slack, 2307 E. Randolph Avenue, said the land use committee of the Del Ray Citizens Association discussed at its meeting this past Thursday the response to the Board of Zoning Appeals report to the City Council, and she said the Councilmembers could have perspective from other than just staff on the issue, and she noted that she would be more than happy to relay the discussion they had. Ms. Slack said the land use committee also discussed the green building policy and in general, the committee feels it is a good direction for the City to be going in, and she noted the different concerns with the LEEDS standards, as it begins parsing what a developer or homeowner will do to comply with LEEDS but that it can't quite comply with, and where does it give them credit and extra incentives. She noted that there also seems to be a disconnect between the neighborhood planning efforts of Planning staff and the portion of staff that actually execute those efforts. Ms. Slack said that Councilman Krupicka made a comment about Councilmembers not being able to campaign, and she said that if anyone has been coming to the various budget meetings and work sessions and going to the businesses they have been working on, that is probably the most effective campaigning Council can be doing. (b) Gary Carr, 216 Aspen Street, spoke about the idea of trading Braddock Road west for Landbay L, which he said is a terrible idea. He noted that the communities of Warwick Village, Del Ray, and those at Cora Kelly and George Mason would like to hear the same presentation given to the Rosemont Citizens Association. Mr. Carr said it is a five minute walk from the field to the school, so it is useless to the children at the school. He said if the City makes this swap, the track is done. Mr. Carr pointed out the civil rights stamps issued and noted that Charles Houston is one of those. He invited attention to the track and field invitational at T.C. Williams on May 2 and he asked that they try to get as many kids in for free as possible. He noted the 50th anniversary of the integration of schools in Alexandria according to the original Titan's website and there should be commemoration for that. (c) Pamela Smith, 1206 Stonnell Place, president, George Washington Middle School PTA, said she learned recently about the proposal to exchange the playing fields in front of GW for the triangular parcel called Landbay L, which is in poor condition, and it would need very expensive work to be usable for any purpose. She said the parcel would not be suitable for the same type of sports, the swap is not a good deal, is irrevocable and shouldn't be accepted. (d) Kimberley Moore, 710 Mt. Vernone Avenue, speaking on behalf of the Ballyshaners, along with Jasmine Dawson, expressed support for the St. Patrick's Day Parade last weekend to the Council, Police Chief Baker, City staff, and the Police Officers who worked with them to make the parade such a huge success, and she noted the comments made by the businesses that day, noting how busy they were. (e) David Fromm, 2307 E. Randolph Avenue, president, Del Ray Citizens Association, thanked the City departments, major programs, services and organizations who came out Monday evening to participate in their 8th annual meet and greet at George Washington Middle School. He noted that over 150 people came out to the event and it was a big success. (f) Anita Kirk, 1225 Martha Custis Drive, #719, spoke about the budget cuts threatening the Community Service Board homebased program used by her family. She noted that her son was diagnosed at age seven with Obsessive Compulsive Disorder (OCD), and her dealings with the CSB and the schools. She said her family could not have made it without the help of the CSB and asked Council to consider the enormous savings on the financial budget when using private placement and CSB services versus the overwhelming cost of a 24 hour residential program. (g) Leslie Zupan, 1309 Queen Street, president, Inner City Civic Association, spoke about the Transportation and Environmental Services construction crews building the bulb-outs along Fayette Street, which were mandated as part of the SUP's for the Monarch and the Prescott, noting that they suddenly disappeared and the bulb-outs have not been completed, and some of the crosswalk improvements were left undone and the trees weren't planted. She also noted that a recent inquiry from one of their past presidents to T&ES has gone unanswered for several weeks about when the bulb-outs will be done. She asked for a commitment for a firm date for that completion. (h) Charlotte Hall, 205 The Strand, said she wished to publicly recognize and acknowledge the hard work and dedication that deputy director of Planning and Zoning Rich Josephson has shown to the business community, noting that he has guided the business community through opportunities and challenges, he has always returned phone calls, responded to emails and made time to sit and discuss new ideas. She said the business community is sorry to see him go, and she thanked Mr. Josephson for allowing the business community to try new things. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-8) Planning Commission 3. ENCROACHMENT #2008-0007 SPECIAL USE PERMIT #2008-0085 315 MADISON STREET (Parcel Address: 806 N. Fairfax Street) A LA LUCIA Public Hearing and Consideration of a request for an encroachment into the public right-of-way, a request for a special use permit amendment to allow outdoor seating at an existing restaurant, and a request for a parking reduction; zoned CRMU-X/Commercial Residential Mixed Use (Old Town North). Applicant: Mehran Nayer PLANNING COMMISSION ACTION: Recommend Approval 7-0 4. SPECIAL USE PERMIT #2008-0094 5308 & 5310 EISENHOWER AVENUE SPORTROCK CLIMBING CENTERS Public Hearing and Consideration of a request for a special use permit to operate a health and fitness club by expanding an existing amusement enterprise, to increase hours of operation and for an expanded parking reduction; zoned OCH/Office Commercial High Applicant: SportRock, Inc. Lillian Choa-Quinlan PLANNING COMMISSION ACTION: Recommend Approval 7-0 5. SPECIAL USE PERMIT #2008-0093 820 & 822 NORTH FAIRFAX STREET PERKS COFFEE SHOP Public Hearing and Consideration of a request for an amendment to expand an existing restaurant, to allow additional seating and alcohol sales; zoned CRMU-X/Commercial Residential Mixed Use (Old Town North). Applicant: Ms. Perky, LLC by Philip McCombie PLANNING COMMISSION ACTION: Recommend Approval 7-0 6. SPECIAL USE PERMIT #2008-0095 411 EAST BRADDOCK ROAD (Parcel Address: 405 E. Braddock Road) 7-ELEVEN, INCORPORATED Public Hearing and Consideration of a request for the continuance of a convenience store use; zoned CSL/Commercial Service Low. Applicant: 7-Eleven, Inc., by Michael Vanderpool, Esquire PLANNING COMMISSION ACTION: Recommend Approval 7-0 7. SPECIAL USE PERMIT #2008-0088 1101 QUEEN STREET SMILE MARKET Public Hearing and Consideration of a request to allow a restaurant within an existing grocery store and a request for a parking reduction; zoned CL/Commercial Low. Applicant: Asegdech Kelecha PLANNING COMMISSION ACTION: Recommend Approval 7-0 8. SPECIAL USE PERMIT #2008-0092 217 KING STREET THOMAS SWEET Public Hearing and Consideration of a request to operate a restaurant; zoned KR/King Street Retail. Applicant: Mohammend Kabir PLANNING COMMISSION ACTION: Recommend Approval 6-0 END OF ACTION CONSENT CALENDAR City Council adopted the Consent Calendar, with the deferral of item #6 and the removal of item #7, 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. This item was deferred at the request of the applicant. 7. City Council approved the Planning Commission recommendation. (separate motion) 8. City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 9. Public Hearing and Consideration of Proposed City Comments on the Virginia Department of Transportation (VDOT) I-95/395 HOV/Bus/HotLanes Project. City Council held the public hearing and directed staff to prepare a final letter for the Mayor's signature to transmit the City of Alexandria's comments of withholding support for the HOV/Bus/HOTLanes project until such time as the issues detailed in attachment 1 be adequately addressed and satisfactorily resolved. The amendment to the letter from the Mayor's signature is in the second paragraph, first line, to remove the word "has" and replace it with "cannot support this project at this time because of our" and then continue with the rest of the sentence. Council Action:_________________________________________________________ 10. Public Hearing and Consideration of the Report of the Ad Hoc Motorcoach Task Force (#20, 2/24/09) City Council held the public hearing, implementing recommendations 1-7 and referring recommendations 8-10 to the Traffic and Parking Board for consideration and comment and have them report back to the City Manager and City Council by March 24, 2009. Council Action:_________________________________________________________ 11. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Establish the Real Estate and Personal Property Tax Rates for Calendar Year 2009. (The Public Hearing Will Be Held on April 18, 2009) City Council passed the ordinance on first reading and advertised for public hearing on April 18, 2009, with second reading and final passage on Monday, April 27, 2009. The ordinance reflects a base real estate tax rate on residential property for calendar year 2009 from $.84.5 to $.90.5; an add-on real estate tax rate on non-residential, commercial and industrial property for calendar year 2009 to be dedicated for transportation purposes of $0.00 per one hundred dollars of valuation; was silent on the dedication of 0.3 percent of real estate tax revenues for the Open Space Trust Fund account; and a personal property tax rate on vehicles and business tangible property for calendar year 2009 of $4.75 per one hundred dollars of valuation. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 12. TEXT AMENDMENTS #2009-0001 VALIDITY PERIODS FOR SITE PLANS Public Hearing and Consideration of a request for an amendment to the Zoning Ordinance to extend the validity period of approved site plans. Staff: Department of Planning and Zoning PLANNING COMMISSION ACTION: Recommend Approval 6-0 City Council approved the Planning Commission recommendation, noting the removal of the word "final" in paragraph (D) on the recommendations from the Planning Commission, with an amendment that it require a written status report to the City Council after 18 months from the applicant and staff, updating on the status of the effort. Council Action:_________________________________________________________ 13. SMALL BUSINESS ZONING CHECKLISTS Public Hearing and Consideration of a request to adopt administrative special use permit checklists. Staff: Department of Planning and Zoning PLANNING COMMISSION ACTION: Recommend Adoption 6-0 City Council held open the public hearing and deferred this item until it works with staff to discuss the issues heard raised today. Council Action:_________________________________________________________ 14. SPECIAL USE PERMIT #2009-0004 4007 MOUNT VERNON AVENUE 24 EXPRESS STORE Public Hearing and Consideration of a special use permit for a convenience store; zoned NR/Neighborhood Retail. Applicant: UAC Land and Building trading as 24 Express by William Thomas, Jr., agent PLANNING COMMISSION ACTION: Recommend Approval 6-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 15. Public Hearing, Second Reading and Final Passage of an Ordinance to Authorize City Council to Reduce the Size of the Board of Commissioners of the Alexandria Redevelopment and Housing Authority From 9 to 7 Members. (#12, 2/10/09) [ROLL-CALL VOTE] This item was tabled. Council Action:_________________________________________________________ 16. Public Hearing, Second Reading and Final Passage of an Ordinance to Adopt Permit Surface Vehicle Parking as an Ancillary Use for an Existing Car Dealership Within CDD No. 7. (#8, 3/10/09) [ROLL-CALL VOTE] City Council adopted the ordinance to adopt permit surface vehicle parking as an ancillary use for an existing car dealership. (ORD. NO. 4581) Council Action:_________________________________________________________ 17. Public Hearing, Second Reading and Final Passage of an Ordinance to Regulate Delivery of Unsolicited Publications. (#9, 3/10/09, #11, 2/21/09, #10, 1/24/09, #23, 1/13/09, #25, 6/17/06 and #21, 6/13/06) [ROLL-CALL VOTE] City Council adopted the ordinance to regulate delivery of unsolicited publications, with the following changes: with the removal of the newspapers, to Section 9-14-3(a) and (b) to make it a violation of subsection 2(b)(2). (ORD. NO. 4582) Council Action:_________________________________________________________ 18. Public Hearing, Second Reading and Final Passage of an Ordinance Regarding the Extension of the Pilot Program for Temporary Portable Signs for Retail Businesses in the Central Business District. (#10, 3/10/09) [ROLL-CALL VOTE] City Council adopted the ordinance regarding the extension of the pilot program for temporary portable signs for retail businesses in the Central Business District. (ORD. NO. 4583) Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) DEFERRAL/WITHDRAWAL CONSENT CALENDAR Planning Commission (continued) 19. SPECIAL USE PERMIT #2009-0001 2018 MT VERNON AVENUE THAI PEPPERS RESTAURANT Public Hearing and Consideration of a request to change the ownership of a restaurant and for a special use permit amendment to allow increased seating, delivery service, alcohol service, and a request for a parking reduction; zoned CL/Commercial Low. Applicant: Tasneeya Gordon PLANNING COMMISSION ACTION: Deferred 20. DEVELOPMENT SITE PLAN #2007-0011 SPECIAL USE PERMIT #2008-0084 ENCROACHMENT #2008-0005 532 NORTH WASHINGTON STREET OFFICE BUILDING ADDITION Public Hearing and Consideration of a request for a development site plan for an addition to an office building, a parking reduction and a request to for an encroachment into the public right of way; zoned OC/Office Commercial. Applicant: North Parkway, LLC by Duncan Blair, attorney PLANNING COMMISSION ACTION: Deferred (applicant's request) END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR City Council noted the withdrawals. Council Action:_________________________________________________________