1. Calling the Roll. The meeting was called to order by Mayor Euille, and the City Clerk called the roll; all members of Council were present. Council Action:_________________________________________________________ 2. Public Discussion Period. (a) Gary Carr, 216 Aspen Street, spoke about the restoration of the running tracks at Frances Hammond and George Washington Middle Schools. He said Landbay L is a bad idea and it should be maintained and is the most likely place for an eight lane track. He said that instead of making it the Fun Side of the Potomac it should be the Run Side of the Potomac. (b) Annabelle Fisher, 5001 Seminary Road, spoke about bicycles in the City and the need to have law enforcement for bicyclists running stop signs and lights and disobeying the rules of the road. Ms. Fisher also spoke of copying costs for documents received from City Hall, noting that she was charged $.60 per page from the Department of Planning and Zoning, and she said a policy should be made that anything over 10 pages should have a clear cut policy. (c) Van Van Fleet, 26 Wolfe Street, spoke of the prioritizing the funding needs. He said the parks need to be mowed, which hasn't been done since Parks and Recreation had to get rid of several positions. He said the Department of Planning and Zoning is now spending hundreds of thousands of dollars on consultants to do a waterfront plan, and he asked why the plan is being initiated during the economic turndown. He said it should take the consultant money and give it to the departments that need it - especially those that have had to lay off workers. (d) Sandra Cope, 626 N. Washington Street, spoke of her alley being blocked off with a school playpen and that they can no longer use their parking spaces, two spaces behind each building for five townhouses, and no trash truck will be able to pick up the trash. She asked Council to investigate the situation and see how it happened and how it can be corrected. (e) Pat Troy, Wolfe Street, spoke of the ethnic festivals, noting that as of June, Parks and Recreation has pulled the plug on every ethnic festival. Mr. Troy noted that for the last three years, they paid fees to the City for the St. Patrick's Day festival. He said he was told that the ethnic festivals and parades costs from $300,000 to $500,000, and he said that needs to be audited and checked and he asked where the money goes for the ethnic festivals. He asked if the City would support the three parades in the coming year. (f) Lisa Lettieri, E. Nelson Avenue, speaking on behalf of the Del Ray Citizens Association Land Use Committee, spoke of the ordinance to simplify small business approval procedures and standards that was adopted in December 2008, and they ask that the small business text amendment be incorporated into the Mt. Vernon Avenue overlay and Arlandria so that potential business owners have the most up-to-date information and that the update be published on the City's website. (g) Leslie Zupan, 1309 Queen Street, president, Inner City Civic Association, said they had invited the new parking coordinator and Deputy Director of T&ES Tom Culpepper to their May meeting to talk about parking issues, and they were concerned about two issues that came up. One was a contribution from a developer Bill Cromley, a $10,000 contribution for a parking study for The Lofts, but they were surprised to hear Mr. Abrams say he had found the $10,000 in an unencumbered account and he had applied it to a new parking study which is being conducted of King Street, and they were concerned to hear that and wanted clarification. Ms. Zupan said they also heard there was going to be a plan that only the affordable housing tenants at the new Bland project will be given district parking permits, and they like that idea, but she was puzzled because she went through the Bland special use permit and found no mention that there would be restrictions on the parking permits. She asked when they would have an answer. (h) Richard Ward, 4806 Peacock Avenue, spoke of Eisenhower west industrial land use study, a $75,000 study carried out because of a conglomeration of four industries near residences and was hindering the development of the Van Dorn Corridor. He said they wanted to see Landmark Mall developed and a good gateway to the City will help that development. He said the study is just comparing the value of the properties versus the value of the four properties to the City after any redevelopment. He said the question should be what is the impact on the surrounding area. He said they need a broad reaching study that will consider the entire City as a whole and will bring in income to pay for running tracks and the ethnic festivals. (i) Charlotte Landis, 433 N. Patrick Street, spoke in support of Leslie Zupan's comments on the parking issues and study. She said that after one month, it was totally inappropriate for the City not to have responded to her email and a snub and a brush-off is inappropriate. (j) Poul Hertel, 1217 Michigan Court, president, Old Town Civic Association and on the board of Northeast, spoke about the property inventory study and recommendations for the disposal. He said they are grateful to the City Manager for putting in the report that the need to communicate with the appropriate civic associations, as there is a conflict of interest in the manner that the process is being set up, notably the report states that the City shall lease or otherwise dispose of properties that it determines are not needed for public purpose after determining what the highest and best use is. He said the question is, if the City is pursuing highest and best use, who would then ensure that it conforms to the norms for the small area plans of the neighborhoods. (k) Cathy Puskar, chairman, the Alexandria Chamber of Commerce, thanked Councilmembers Gaines, Lovain and Wilson for their service over the past few years and the Council as a whole for continuing to support small businesses and to look at and improve the special use permit process. Specifically, at the last meeting, Council reduced the fees to apply for a sign in the Old and Historic District and they thank Council for bringing that fee back down. She commended Council for starting the process to look at having an administrative approval of that sign program. They also thank the Council for looking at the tree and trash can fees and the lowering of those fees at the last meeting. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-6) Planning Commission 3. SPECIAL USE PERMIT #2009-0014 3112 MOUNT VERNON AVENUE (Parcel Address: 3110 Mount Vernon Avenue) CAFE PIZZAIOLO RESTAURANT Public Hearing and Consideration of a request to allow delivery service and live entertainment at an existing restaurant; zoned CRMU-M/Commercial Residential Mixed Use Medium. Applicant: Culinary Concepts Corporation by Larry Ponzi PLANNING COMMISSION ACTION: Recommend Approval 6-0 4. SPECIAL USE PERMIT #2009-0015 831 AND 833 BASHFORD LANE PARKING REDUCTION Public Hearing and Consideration of a request for reapproval of a parking reduction: zoned RB/Residential. Applicant: Robert Pierre Johnson Housing Development Corporation PLANNING COMMISSION ACTION: Recommend Approval 6-0 5. SPECIAL USE PERMIT #2009-0016 25 S. DOVE STREET KING STREET CATS Public Hearing and Consideration of a request to operate an animal shelter; zoned OCM(50)/Office Commercial Medium (50). Applicant: King Street Cats, Inc., by Allie Phillips PLANNING COMMISSION ACTION: Recommend Approval 6-0 6. SPECIAL USE PERMIT #2009-0021 5150-5184, 5200-5228, 5230-5258 EISENHOWER AVENUE UMBRELLA SUP EXTENSION Public Hearing and Consideration of an amendment to extend the deadline for City Council review and a change of ownership for an umbrella SUP which allows a variety of noncomplying and special uses; zoned OCM(100)/Office Commercial Medium (100). Applicant: Veslor Properties by Jonathan Rak, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 END OF ACTION CONSENT CALENDAR City Council adopted the consent calendar, with the removal of item #4, which was considered under separate motion, as follows: 3. City Council approved the Planning Commission recommendation. 4. City Council approved the Planning Commission recommendation. (separate motion) 5. City Council approved the Planning Commission recommendation, as amended to include the newly adopted special use permit streetscape improvement fund for street trees and trash cans. 6. City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 7. Public Hearing on the Environmental Action Plan (Phase II) for the Eco-City Alexandria Project. (#13, 6/9/09) City Council held the public hearing and noted adoption would be June 23, 2009. Council Action:_________________________________________________________ 8. Public Hearing on the Receipt of the Final Report of the Affordable Housing Initiatives Work Group and Consideration of Recommendations From the Work Group. (#33, 6/9/09) City Council held the public hearing and adopted the principal recommendation as outlined in A, refer recommendations B to the Housing Master Plan process and defer recommendation C to when the City's fiscal situation has improved. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 9. SPECIAL USE PERMIT #2009-0018 212 QUEEN STREET MOMO SUSHI RESTAURANT Public Hearing and Consideration of a request to increase seating and expand the hours of operation at an existing restaurant; zoned CD/Commercial Downtown. Applicant: Yeon Sin Son PLANNING COMMISSION ACTION: Recommend Approval 6-0 City Council approved the Planning Commission recommendation, as amended to include the newly adopted special use permit streetscape improvement fund for street trees and trash cans. Council Action:_________________________________________________________ 10. DEVELOPMENT SPECIAL USE PERMIT #2009-0007 111 FINLEY LANE PICKETT'S RIDGE - PHASE II Public Hearing and Consideration of a permit for an extension of phase 2 of a previously approved development special use permit, with site plan, for two single family homes; zoned R-20/Residential. Applicant: Sutton Building Corporation by Greg Sutton. PLANNING COMMISSION ACTION: Recommend Approval w/amendments 6-0 City Council approved the Planning Commission recommendation, with the 36 month extension but to give staff the ability to bring it back earlier than the 36 months if necessary, if there is a belief that the water and erosion control issues are not being responsibly addressed by the applicant, and that after 18 months, a status report be provided to City Council and the staff. Council Action:_________________________________________________________ 11. ENCROACHMENT #2009-0001 3500 GOODARD WAY RETAINING WALL Public Hearing and Consideration of a request for an encroachment into the public right-of-way for a retaining wall; zoned RB/Townhouse Residential. Applicant: Duke Crossing, Inc. PLANNING COMMISSION ACTION: Recommend Approval 6-0 City Council approved the Planning Commission recommendation, with the added condition of the $2,000 contribution to the City for public improvements. Council Action:_________________________________________________________ 12. MASTER PLAN AMENDMENT #2009-0001 URBAN FORESTRY MASTER PLAN Public Hearing and Consideration of an amendment to the City's Master Plan to adopt the Urban Forestry Master Plan. Staff: Department of Recreation, Parks and Cultural Activities PLANNING COMMISSION ACTION: Resolution Adopted 6-0 City Council approved the Planning Commission recommendation, with the amendments as recommended by the Planning Commission: add a new condition #15 to increase the canopy coverage; amend old condition #52 to add language to encourage the activity of volunteers, to engage the tree stewards of Alexandria and Arlington and develop programs which it can engage volunteers to accomplish the goals of the plan; and in the executive summary, the language that was changed that implementing the recommendation would require significant increase in funding and if funding is not available, alternative resources such as grants, sponsorships and volunteer efforts must be actively sought out and engaged to move closer to achieving the goals of the plan, and with an amendment that this come back as a work session in the Fall. Council Action:_________________________________________________________ 13. TEXT AMENDMENT #2009-0002 OUTDOOR DISPLAY OF RENTAL BICYCLES Public Hearing and Consideration of a text amendment to the City's Zoning Ordinance to allow outdoor display of rental bicycles. Staff: Department of Planning and Zoning PLANNING COMMISSION ACTION: Recommend Denial 3-3 City Council approved the text amendment. Council Action:_________________________________________________________ 14. SPECIAL USE PERMIT #2009-0020 113, 115 AND 117 KING STREET LANDINI BROTHER'S RESTAURANT Public Hearing and Consideration of a request for an expansion and to increase the hours of operation at an existing restaurant; zoned KR/King Street Retail. Applicant: Noe Landini PLANNING COMMISSION ACTION: Recommend Approval 6-0 City Council approved the Planning Commission recommendation, with an amendment to #22 to make it clear that when the City adopts a comprehensive parking strategy, it may supersede or modify that item, and to include the newly adopted special use permit streetscape improvement fund for street trees and trash cans and to remove condition #30 requiring $575 contribution for litter fund. Council Action:_________________________________________________________ 15. DEVELOPMENT SPECIAL USE PERMIT #2007-0009 521 EAST MONROE AVENUE VIRGINIA DOMINION POWER SUBSTATION Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct an enclosed electrical substation; zoned CSL/Commercial Service Low. Applicant: Virginia Electric and Power Company by Joanna Frizzell, attorney PLANNING COMMISSION ACTION: Recommend Approval w/amendments 6-0 City Council approved the Planning Commission recommendation, with the amendments as submitted by the applicant in a memo dated June 12, 2009 and agreed to by staff, and the changes to conditions 2(e)(3) and 11(g) as noted from the Planning Director in a memo dated June 12, 2009. Council Action:_________________________________________________________ 16. SPECIAL USE PERMIT #2008-0047 501 EAST MONROE AVENUE AND 1509 LESLIE AVENUE GOLD CRUST BAKERY Public Hearing and Consideration of a request of an amendment to relocate loading spaces; zoned CSL/Commercial Service Low. Applicant: Gold Crust Bakery by Mary Catherine Gibbs, attorney PLANNING COMMISSION ACTION: Recommend Approval w/amendments 6-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 17. DEVELOPMENT SPECIAL USE PERMIT #2007-0027 4880 MARK CENTER DRIVE INSTITUTE FOR DEFENSE ANALYSIS Public hearing and Consideration of a request for a development special use permit, with site plan and a modification, for office buildings and a request for increased penthouse height; zoned CDD-4/Coordinated Development District 4. Applicant: Institute for Defense Analysis by Kenneth Wire, attorney PLANNING COMMISSION ACTION: Recommend Approval w/ amendments 6-0 City Council approved the Planning Commission recommendation, with amendments to conditions #20 and 22 as suggested by the applicant, and condition #25 which was discussed by Council which eliminates all the language in "E" and replaces it with language that says, "failure to achieve LEED certification will first go to staff to review, and if staff determines a good faith effort was not made to achieve LEED silver certification, then any existing City-wide policies on Green Buildings will apply." Council Action:_________________________________________________________ 18. CITY CHARTER, SECTION 9.06 CASE #2009-0001 3550 COMMONWEALTH AVENUE Public Hearing and Consideration of a proposal by the City of Alexandria to acquire the property at 3550 Commonwealth Avenue, pursuant to the provisions of Section 9.06 of the City Charter; zoned RA/ Multifamily Residential. Staff: Department of Recreation, Parks and Cultural Activities and the Office of the City Manager PLANNING COMMISSION ACTION: Approved This item is for your information only - no approval necessary. City Council received the item. Council Action:_________________________________________________________ 19. CDD CONCEPT PLAN #2008-0005 MASTER PLAN AMENDMENT #2008-0006 DEVELOPMENT SPECIAL USE PERMIT #2007-0017 TRANSPORTATION MANAGEMENT PLAN SUP #2008-0091 ENCROACHMENT #2008-0006 2250 MILL ROAD AND 2200 MILL ROAD EISENHOWER EAST BLOCKS 19 & 20 Public Hearing and Consideration of a request for 1) approval of a CDD concept development plan; 2) a master plan amendment to the Eisenhower East Small Area Plan for increased height limits on Block 20; 3) a development special use permit, with site plan, for a residential and office development with bonus density for affordable housing pursuant to Section 7-700 of the Zoning Ordinance, a request for increased penthouse heights and to construct more than one penthouse; 4) approval of a transportation management plan; and 5) approval of an encroachment for a canopy in the public right-of-way; zoned CDD-2/Coordinated Development District. Applicant: Eisenhower- Lane-CFRI-Venture II, LLC by Jonathan Rak, attorney PLANNING COMMISSION ACTION: CDD Recommend Approval 6-0 MPA Adopted Resolution 6-0 DSUP Recommend Approval w/amendments 6-0 SUP Recommend Approval 6-0 ENC Recommend Approval 6-0 City Council approved the Planning Commission recommendation, with the amendments as noted by the applicant in a letter dated June 13, 2009, as agreed by the applicant and staff, and to replace the language on condition 19(e) with the following: "failure to achieve LEED certification will first go to staff to review, and if staff determines a good faith effort was not made to achieve LEED silver certification, then any existing City-wide policies on Green Buildings will apply." Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 20. Public Hearing, Second Reading and Final Passage of an Ordinance to Impose a Maximum Service Period of 10 Consecutive Years for Any Member of a Board, Committee or Commission, Unless the Term of Service is Otherwise Governed by State Law, City Code or By Another Document That Creates the Committee, Board or Commission. (#15, 5/12/09, #14, 5/26/09) [ROLL-CALL VOTE] City Council adopted the ordinance to impose a maximum service period of 10 consecutive years for any member of a board, committee, or commission, unless the term of service is otherwise governed by State Law, City Code or by another document that creates the committee, board or commission. (ORD. NO. 4595) Council Action:_________________________________________________________ 21. Public Hearing, Second Reading and Final Passage of an Ordinance to Change the Election of the Mayor and City Council to the November General Election Cycle. (#6, 5/16/09, #31, 6/24/08, #29, 5/13/08, #3, 6/14/08) [ROLL-CALL VOTE] City Council adopted the ordinance to change the election of the Mayor and City Council to the November General Election Cycle, and asked that the City's Legislative Director start working with the City Council and the new City Council to gather input about Charter changes that can further improve the electoral process based on the comments it had today. (ORD. NO. 4596) Council Action:_________________________________________________________ 22. Public Hearing, Second Reading and Final Passage of an Ordinance to Increase the Fees For Handicapped Parking Fines, HOV Parking Fines and Moving Violation Fines in HOV Lanes. (#14, 6/9/09) [ROLL-CALL VOTE] City Council adopted the ordinance to increase fees for handicapped parking fines, HOV parking fines and moving violation fines in HOV lanes. (ORD. NO. 4597) Council Action:_________________________________________________________ 23. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Landmark / Van Dorn Small Area Plan Chapter of the 1992 Master Plan (2008 ed.) of the City of Alexandria, to Include the Landmark / Van Dorn Corridor Plan. (#15, 6/9/09) [ROLL-CALL VOTE] City Council adopted the ordinance to amend the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, to include the Landmark/Van Dorn Corridor Plan. (ORD. NO. 4598) Council Action:_________________________________________________________ 24. Public Hearing, Second Reading and Final Passage of an Ordinance to Grant a Franchise By the City of Alexandria to Verizon to Use the Public Rights-of-way to Provide Telecommunications Services, Excluding Cable Services. (#16, 6/9/09) [ROLL-CALL VOTE] City Council adopted the ordinance to grant a franchise by the City of Alexandria to Verizon to use the public rights-of-way to provide telecommunications services, excluding cable services. (ORD. NO. 4599) Council Action:_________________________________________________________ 25. Public Hearing, Second Reading and Final Passage of an Ordinance to Make Supplemental Appropriations For the Support of the City Government For Fiscal Year 2009. (#17, 6/9/09) [ROLL-CALL VOTE] City Council adopted the ordinance to make supplemental appropriations for the support of the City government for fiscal year 2009, with the amendment as noted by staff. (ORD. NO. 4600) Council Action:_________________________________________________________ 26. Public Hearing, Second Reading and Final Passage of an Ordinance to Make Appropriations For the Support of the City Government For Fiscal Year 2010. (#18, 6/9/09) [ROLL-CALL VOTE] City Council adopted the ordinance to make appropriations for the support of the city government for fiscal year 2010. (ORD. NO. 4601) Council Action:_________________________________________________________ 27. Public Hearing, Second Reading and Final Passage of an Ordinance to Authorize the Sale of the City Owned Property at 322 Wesmond Drive. (#19, 6/9/09) [ROLL-CALL VOTE] City Council adopted the ordinance to authorize the sale of the City owned property at 322 Wesmond Drive. (ORD. NO. 4602) Council Action:_________________________________________________________ 28. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Employee Homeownership Incentive Program to Increase the Maximum Loan To Be Used at Closing on the Property From $5,000 to $10,000, to Make the Loans Secured Rather Than Unsecured Personal Loans and Make Two Technical Corrections Related to the Allowable Purchase Price Level For the Program. (#20, 6/9/09) [ROLL-CALL VOTE] City Council adopted the ordinance to amend the employee homeownership incentive program to increase the maximum loan to be used at closing on the property from $5,000 to $10,000, to make the loans secured rather than unsecured personal loans and make two technical corrections related to the allowable purchase price level for the program. (ORD. NO. 4603) Council Action:_________________________________________________________ 29. Public Hearing, Second Reading and Final Passage of an Ordinance to Modify the Membership of the Alexandria-Caen Sister City Committee. (#21, 6/9/09) [ROLL-CALL VOTE] City Council adopted the ordinance to modify the membership of the Alexandria-Caen Sister City Committee. (ORD. NO. 4604) Council Action:_________________________________________________________ 30. Public Hearing, Second Reading and Final Passage of an Ordinance Amending Ordinance Number 4584 Authorizing and Empowering the Option of Issuance, Sale and Delivery of General Obligation Bonds as Build America Bonds. (#22, 6/9/09) [ROLL-CALL VOTE] City Council adopted the ordinance amending Ordinance No. 4584 authorizing and empowering the option of issuance, sale and delivery of general obligations bonds as Build America Bonds. (ORD. NO. 4605) Council Action:_________________________________________________________ 31. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the City Code to Remove the Amounts of Certain Fire Prevention Inspection Fees from City Code and Allow Those Fees To Be Set by City Council by Resolution. (#23, 6/9/09) [ROLL-CALL VOTE] City Council adopted the ordinance to amend the City Code to remove the amounts of certain fire prevention inspection fees from the City Code and allow those fees to be set by City Council resolution. (ORD. NO. 4606) Council Action:_________________________________________________________ 32. Consideration of a Resolution to Adopt Code Administration Fee Increases for FY 2010. [ROLL-CALL VOTE] City Council passed a resolution to adopt Code Administration fee increases for FY 2010, with the amendment to add the word "not" into the resolution, as recommended by staff. (RES. NO. 2347) Council Action:_________________________________________________________ 33. Public Hearing, Second Reading and Final Passage of an Ordinance to Establish the Charles Houston Recreation Center (in Lieu of Fire Department Headquarters) and the Patrick Henry Recreation Center (In Lieu of St. Martin De Porres Senior Center) as Polling Places in the City of Alexandria. [ROLL-CALL VOTE] City Council adopted the ordinance to establish the Patrick Henry Recreation Center (in lieu of St. Martin De Porres Senior Center) as a polling place in the City of Alexandria and did not adopt the change to the Charles Houston Recreation Center (in lieu of Fire Department Headquarters) until it has had time to consult with the neighbors but to also think through the construction project and how it will impact the site. (ORD. NO. 4607) Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) DEFERRAL/WITHDRAWAL CONSENT CALENDAR Planning Commission (continued) None. END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR Council Action:_________________________________________________________ * * * * * * NEW BUSINESS ITEM NO. 1: Introduction of an ordinance amending the City Code to allow the outdoor display of rental bicycles. City Council introduced the ordinance on first reading and set the public hearing and final passage for June 23, 2009. * * * * * *