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, with the exception of Councilman Gaines, who was absent because of his attendance at the National League of Cities Conference. Council Action:_________________________________________________________ 2. Public Discussion Period. (a) Michael Nardolilli, 4022 Hummer Road, Annandale, president, Northern Virginia Conservation Trust (NVCT), reported on five recent developments with the NVCT. First, this fall the Land Trust Accreditation Commission accredited NVCT under an independent evaluation program that recognizes land trusts that meet national standards of excellence. Second, NVCT is working with the City and the Open Space Advisory Group to meet goal three, action nine of the draft Eco City Environmental Action Plan to "continue progress to achieve the City's 100 acre open space goal." Third, NVCT is kicking off its fifteenth year with its eighth annual conservation breakfast on January 8, 2009 at the Hilton Mark Center. Fourth, NVCT now has four Alexandrians on their board or an advisory panel that are assisting NVCT staff on land conservation in the City. Fifth, NVCT has updated its website as part of its expanded outreach and can be viewed at www.nvct.org. (b) Gary Carr, 216 Aspen Street, spoke in support of the restoration of the running tracks at Frances Hammond and George Washington Middle Schools and read a letter he would be sending to president-elect Obama, inviting him to the ribbon cutting ceremony at the new running track at GW Middle School. (c) Frank Fannon, 1105 Duke Street, spoke of the economy and noted Council is trying to cut $10 million out of the budget, and times will continue to get tougher and he thought Council needs to look to cut the budget even deeper, maybe $50 million next year. The City should take a look at where it is spending its money, and there are some wonderful employees as well as some marginal employees, and it needs to take a hard look at that. He said the Mayor's program of Buy Alexandria is a wonderful idea. He said a good indication of the economy will be on Tuesday, because all the tax bills are due on Monday. (d) Sandra Cope, 626 N. Washington Street, said she and her neighbors oppose the construction of a duplex being built between the alley at 714 Wythe Street. She noted the parking loss if the project goes forward. The proposed building is taller than all the surrounding buildings, blocks the views and is one big shadow and is not even architecturally consistent with the surrounding community. Ms. Cope spoke of the Planning Commission hearing on the case and the correspondence from the Planning staff relating to the changes. She asked Council to look at this. (e) Katy Cannady, 20 East Oak Street, co-chair of the Federation of Civic Associations, said that in January 2007, the Federation was invited to appoint a non-voting member to the Alexandria Economic Development Partnership, and the reports from its non-voting member became a regular feature at the Federation meetings. The AEDP recently reorganized itself, and the Federation member was dropped from the group, and also dropped was all but one of the elected or appointed officials of the City, and this does not appear to the Federation as the best way for the partnership to operate, and most of its funding or staff report are provided by the City, and the body should operate with public oversight and in a transparent manner. Ms. Cannady asked that their non-voting member on the AEDP be restored and individuals who are appointed as representatives of the public should be representatives of civic or citizen organizations. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-4) Planning Commission 3. SPECIAL USE PERMIT #2008-0069 904 KING STREET OLD TOWNE GOURMET Public Hearing and Consideration of a request for an amendment to add seating at an existing market/restaurant; zoned CD/Commercial Downtown. Applicant: ADNY Company, LLC. represented by Dessye Ayal-Sew PLANNING COMMISSION ACTION: Recommend Approval 6-0 4. SPECIAL USE PERMIT #2008-0067 116 EAST DELRAY AVENUE PIECE OUT Public Hearing and Consideration of a request to operate a restaurant; zoned CL/Commercial Low. Applicant: Culinary Concepts Corporation by Lawrence J. Ponzi PLANNING COMMISSION ACTION: Recommend Approval 6-0 END OF ACTION CONSENT CALENDAR City Council adopted the consent calendar, with the removal of item #3 and considered it under separate motion, as follows: 3. City Council approved the Planning Commission recommendation. (separate motion) 4. City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 5. Public Hearing on the City's Legislative Package For the 2009 General Assembly Session. (#17, 10/28/08) City Council held the public hearing and approval was set for November 25, 2008. Council Action:_________________________________________________________ 6. Public Hearing on the following Charter Amendments: 1. An amendment to authorize City Council to set limits on the terms of members it appoints to City boards, committees, authorities, councils, task forces, work groups and commissions; 2. An amendment to require that applicants for land use or land development approvals before the City Council, Planning Commission, Boards of Architectural Review, and Board of Zoning Appeals disclose all investors in the proposed land use or land development approval prior to the hearing by the applicable body; 3. An amendment to require that applicants for land use or land development approvals before the City Council, Planning Commission, Boards of Architectural Review, and Board of Zoning Appeals disclose any current or previous (within 12 months) financial interest (including campaign contributions if so requested in the proposed Charter Bill) involving the applicants, agents and/or investors, with any of the individual members of the applicable body; and 4. An amendment to allow Council to prohibit current or previous (within 12 months) campaign contributions from applicants, agents and/or investors involved in land use or land development approvals before the City Council. City Council held the public hearing and noted approval was set for November 25, 2008. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 7. SPECIAL USE PERMIT #2008-0059 1310 MOUNT VERNON AVENUE RESTAURANT AND PARKING REDUCTION Public Hearing and Consideration of a request to operate a restaurant and for a parking reduction; zoned CL/Commercial Low. Applicant: Jose Dominquez and Oscar M. Bermudez PLANNING COMMISSION ACTION: Recommend Approval w/ amendments 6-0 City Council approved the Planning Commission recommendation, with the following amendment: that it condition approval on the parking and landscaping layout coming back to Planning and Zoning, Transportation and Environmental Services, Recreation, Parks and Cultural Activities and Code Administration for final approval and that the plan be consistent with the concept plan presented to City Council by staff on November 15. Council Action:_________________________________________________________ 8. DEVELOPMENT SPECIAL USE PERMIT #2007-0013 2400 & 2500 RUSSELL ROAD ALEXANDRIA COUNTRY DAY SCHOOL Public Hearing and Consideration of a request for a development special use permit, with site plan and density transfer under Section 7-2300 of the Zoning Ordinance, to enlarge an existing private elementary school to accommodate a gymnasium, kitchen and cafeteria; zoned R-12/Residential. Applicant: Alexandria Country Day School by Duncan Blair, attorney PLANNING COMMISSION ACTION: Recommend Approval w/ amendments 6-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 9. DEVELOPMENT SPECIAL USE PERMIT #2007-0025 2950 EISENHOWER AVENUE MARRIOTT SPRINGHILL SUITES Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications, to construct a hotel and a request for a reduction in loading spaces; zoned OCM-100/Office Commercial Medium. Applicant: SpringHill SMC, LLC represented by Duncan Blair, attorney PLANNING COMMISSION ACTION: Recommend Approval w/ amendments 6-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 10. DEVELOPMENT SPECIAL USE PERMIT #2007-0006 5311 DUKE STREET MCDONALDS RESTAURANT Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications, to redevelop a fast food restaurant with a drive through window, as well as a request for a parking reduction; zoned CG/Commercial General. Applicant: McDonald's Corporation by M. Catharine Puskar, attorney PLANNING COMMISSION ACTION: Recommend Approval w/ amendments 6-0 City Council approved the Planning Commission recommendation, with an amendment to condition #24 to state that the monument sign will be no more than six feet in height. Council Action:_________________________________________________________ Board of Architectural Review 11. Consideration of an Appeal of the Board of Architectural Review's Decision to Take No Action on a Tie Vote on a Request For Approval of After-the-fact Alterations at 900 Prince Street, Zoned CL Commercial, BAR2007-0240. Applicant: PMA Properties, 900 LLC. APPELLANT: Townsend Van Fleet on Behalf of Petitioners. (Deferred from the June 24, 2008 meeting, Item #34) City Council moved that Council find that the unlawful painting of this building has resulted in the loss or diminution of historic fabric, and is incompatible with the historic district; and further moved that 1. City Council vacate the decision of the BAR; and 2. remand this matter to the Director of Planning and Zoning and City Attorney, with direction to secure the test removal of the paint under staff supervision as described in the staff report, and report thereon to the Council, with a recommendation for further action consistent with this decision, within six months. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 12. Public Hearing, Second Reading and Final Passage. An Ordinance Making Supplemental Appropriations For FY 2009. (#13, 10/28/08) [ROLL-CALL VOTE] City Council adopted the ordinance making supplemental appropriations for FY 2009. (ORD. NO. 4563) Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) DEFERRAL/WITHDRAWAL CONSENT CALENDAR Planning Commission (continued) 13. SPECIAL USE PERMIT #2008-0043 801-803 KING STREET AUSTIN GRILL Public Hearing and Consideration of a request for an amendment to a condition regarding the provision of parking at a restaurant; zoned CD/Commercial Downtown. Applicant: Austin Grill, LLC by Ali Azima PLANNING COMMISSION ACTION: Withdrawn END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR City Council noted the deferral. Council Action:_________________________________________________________ The meeting adjourned at 12:44 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.