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) Frank Shafroth, 410 Virginia Avenue, professor at George Mason University, noted that City employees Dianne Gittins and Shelly Santos will be receiving their masters in public administration this month. He also spoke about ethics and how it affects a community. He said the newly elected official on the School Board spent 10 years putting together a program on ethics and he would be an enormous resource, and there is also a person in the City who is the CEO and president of the American Association for Retirement Homes and Services for the Elderly and is one of the foremost non-profit ethics experts in the world, and he would hope the Mayor and Council could appoint a small group so Alexandria could be one of the leading communities on ethics across the United States. (b) Nancy Jennings, 2115 Marlboro Drive, spoke about concerns with Ft. Ward Park, noting that in the past four years, they have seen activities that are better suited in an industrial area, as well as poorly designed projects being brought into the park and they negatively affect the Arboretum and the quality of life in the neighborhoods. She asked that they cease and desist in the park until a plan is developed that they all can live with. (c) Thad Pilley, 4014 Ellicott Street, spoke about Ft. Ward Park and noted that since 2005, there is an increasing level of noise coming from the park, where people play loud music to where the windows in his house rattle. (d) Tom Fulton, 4020 Ellicott Street, spoke about Ft. Ward Park and noted the uses for the park. He noted the history of the park and said their concern is that the story of Ft. Ward is not being told and there is a much bigger story, and the plan should incorporate those things and the uses of the park that impact the neighbors and the history that is not being addressed. (e) J. Glen Eugster, 4022 Ellicott Street, spoke about Ft. Ward Park and said he has been communicating with more than 55 homeowners near the park. He said City park managers have routinely ignored, resisted and worked against taxpayer's concerns with crime, garbage, flooding, crowds, noise and cultural resource degradation. He said they also complained of the noise levels and large crowds at the park. He said that when asked, they were told that no plan exists for the park, but they did find a plan on the website dated October 2008, but the plan didn't address the concerns they have expressed and has no goal and objectives and does not include all areas of the park. He asked that time be taken to prepare a quality plan and remove the present study and call for a process to develop a plan rather than carry out a preconceived proposal. Mr. Eugster also presented comments for the record from Mr. Dennis Carroll, who could not be available to speak this morning. (f) Linda Couture, 505 Duke Street, representing the Old Town Civic Association, spoke about the current waterfront planning process, the consultants and the waterfront committee, and noted that the Waterfront Committee should be the project manager instead of the primary stakeholder, so all the citizens can be assured that they have had a voice at the appropriate and early stages of the planning rather than feel constrained to voice their thoughts after a plan is designed and brought to City Council. (g) Amy Slack, 2307 E. Randolph Avenue, extended seasons greetings to City Council and she sent out a special get-well to Judy Lowe as she recuperates after complications from surgery. (h) H. Steven Dolan, 2906 Commonwealth Avenue, said he is across the street from the Mt. Vernon Commons, the Chinese restaurant and yellow cab buildings which is vacant, and he said when the developer came in to City Council for an extension, he spoke about having the buildings taken down before they became a problem and it's been six months and the buildings are still there. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR Planning Commission 3. SPECIAL USE PERMIT #2008-0074 210 WESMOND DRIVE FAMILY DAY CARE Public Hearing and Consideration of a request to operate a home child day care; zoned RB/Residential. Applicant: Darnella and James Shelby Sr. PLANNING COMMISSION ACTION: Recommend Approval 7-0 END OF ACTION CONSENT CALENDAR City Council adopted the consent calendar as follows: 3. 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) 4. TEXT AMENDMENT #2008-0008 PUBLIC RECYCLING CENTERS IN INDUSTRIAL ZONES Public Hearing and Consideration of a request for a text amendment to the Zoning Ordinance to allow public recycling centers in the industrial zone as a permitted use. Staff: Department of Planning and Zoning PLANNING COMMISSION ACTION: Recommend Approval 7-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 5. SPECIAL USE PERMIT #2008-0079 320 KING STREET SANDELLAS FLATBREAD CAFE Public Hearing and Consideration of a request to operate a restaurant; zoned CD/Commercial Downtown. Applicant: DC Sandella's Franchise, LLC by Duncan Blair, attorney PLANNING COMMISSION ACTION: Recommend Approval 7-0 City Council approved the Planning Commission recommendation, with the amendment presented by staff to add the condition to require the $500 contribution toward the litter fund. Council Action:_________________________________________________________ 6. DEVELOPMENT SPECIAL USE PERMIT #2007-0035 2903 MOUNT VERNON AVENUE MIXED USE RETAIL/OFFICE BUILDING Public Hearing and Consideration of a request for a form-based development special use permit, with site plan and modifications, to construct a retail/office mixed use building and a request for a technical parking reduction, under the Mount Vernon Avenue Plan Design Guidelines; zoned CL/Commercial Low. Applicant: Julie Wadler by Howard Maginniss of BMK Architects PLANNING COMMISSION ACTION: Recommend Approval 7-0 City Council approved the Planning Commission recommendation, with the provision that access to the alley be reviewed by staff and the community with the objective of minimizing the uses of the alley as an egress and exit, understanding there are certain uses that may be appropriate for it, thereby giving the Planning Director and the community the ability to work through that. Council Action:_________________________________________________________ 7. DEVELOPMENT SPECIAL USE PERMIT #2008-0016 315, 317 AND 321 FIRST STREET SAINT ANTHONY'S DAY SCHOOL Public Hearing and Consideration of a request for a development special use permit, with site plan, for the expansion of a day care center, an increase in floor area ratio and a parking reduction; zoned CDX/Commercial Downtown. Applicant: Patricia Hall Choiniere by Howard Maginniss of BMK Architects PLANNING COMMISSION ACTION: Recommend Approval 7-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 8. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the City’s Purchasing Regulations to Conform To Recent Changes in State Law. (#14, 12/9/08) [ROLL-CALL VOTE] City Council adopted the ordinance to amend the City's purchasing regulations to conform to recent changes in State Law. (ORD. NO. 4567) Council Action:_________________________________________________________ 9. Public Hearing, Second Reading and Final Passage of an Ordinance to Establish the Open Space Trust Fund Funding Level for Calendar Year 2009. (#15, 12/9/08) [ROLL-CALL VOTE] City Council adopted the ordinance to establish the open space trust fund funding level for calendar year 2009. (ORD. NO. 4568) Council Action:_________________________________________________________ 10. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Provide Enhanced Enforcement Against Littering and Related Offenses. (#16, 12/9/08) [ROLL-CALL VOTE] City Council adopted the ordinance to provide enhanced enforcement against littering and related offenses. (ORD. NO. 4569) Council Action:_________________________________________________________ 11. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the City’s Vehicle Impound Regulations to Conform To Recent Changes in State Law. (#17, 12/9/08) [ROLL-CALL VOTE] City Council adopted the ordinance to amend the City's vehicle impound regulations to conform to recent changes in State Law. (ORD. NO. 4570) Council Action:_________________________________________________________ 12. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the Master Plan to Incorporate Approved Changes Within the Potomac Yard Plan Area. (#18, 12/9/08) [ROLL-CALL VOTE] City Council adopted the ordinance to amend the master plan to incorporate approved changes within the Potomac Yard Plan Area. (ORD. NO. 4571) Council Action:_________________________________________________________ 13. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the Zoning Ordinance to Incorporate Approved Changes Within the Potomac Yard CDD. (#19, 12/9/08) [ROLL-CALL VOTE] City Council adopted the ordinance to amend the Zoning Ordinance to incorporate approved changes within the Potomac Yard CDD. (ORD. NO. 4572) Council Action:_________________________________________________________ 14. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the Zoning Ordinance to Simplify Small Business Approval Procedures and Standards. (#20, 12/9/08) [ROLL-CALL VOTE] City Council adopted the ordinance to amend the Zoning Ordinance to simplify small business approval procedures and standards. (ORD. NO. 4573) Council Action:_________________________________________________________ 15. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the Master Plan to Incorporate Approved Changes Within the Braddock East Plan Area. (#21, 12/9/08) [ROLL-CALL VOTE] City Council adopted the ordinance to amend the master plan to incorporate approved changes within the Braddock East Plan Area. (ORD. NO. 4574) Council Action:_________________________________________________________ 16. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the Zoning Ordinance to Incorporate a New CDD Within the Braddock East Plan Area. (#22, 12/9/08) [ROLL-CALL VOTE] City Council adopted the ordinance to amend the Zoning Ordinance to incorporate a new CDD within the Braddock East Plan Area. (ORD. NO. 4575) Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) DEFERRAL/WITHDRAWAL CONSENT CALENDAR Planning Commission (continued) 17. SPECIAL USE PERMIT #2008-0044 251 WEST GLEBE ROAD (Parcel Address: 221 West Glebe Road) CERRO VERDE RESTAURANT Public Hearing and Consideration of a request for the expansion of an existing restaurant and a request for an amusement enterprise; zoned CDD-12/Coordinated Development District. Applicant: Latin Del Ray, LLC by Wayne Neale PLANNING COMMISSION ACTION: DEFERRED (applicant's request) END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR City Council noted the deferral. Council Action:_________________________________________________________ OTHER 18. Consideration of City Council Schedule. City Council adopted the City Council schedule of budget meetings for the coming months, with the notation that the regular work sessions should begin at 6:30 instead of 7:00. Council Action:_________________________________________________________ 19. City Council Receipt of the Independent Reviewers Report Related to the Norfolk Southern Ethanol Transloading Facility. City Council received the Independent Reviewers Report. Council Action:_________________________________________________________ 20. Report on Designation of the Acting City Attorney. City Attorney Pessoa announced that he has named Assistant City Attorney Chris Spera as the Acting City Attorney. Council Action:_________________________________________________________ EXECUTIVE SESSION 21. Consideration of Convening An Executive Session Closed to the Public to Interview Candidates For Appointment to Boards and Commissions. At 12:36 p.m., City Council convened in Executive Session, pursuant to Section 2.2-3711(A)(1) for the purpose of interviewing candidates and discussing the appointment of members of the ARHA Board. At 3:11 p.m., City Council reconvened the meeting. City Council adopted the resolution pertaining to the Executive Session. (RES. NO. 2312) Council Action:_________________________________________________________ The meeting adjourned at 3:12 p.m. Note: The action docket is a summary of Council's meeting deliberations prepared largely for staff follow-up. Formal minutes of the meeting, when approved by Council become the official record of the meeting and of Council decisions made at the meeting.