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. 2. Public Discussion Period. (a) Kim Kaplan, 303 E. Glendale Avenue, spoke of the proposed cuts to the DASH and Metrobus service, noting the importance of transit to the City's economic health. She said the City will save only $364,000 by making the cuts. Ms. Kaplan spoke of the comparison of the cuts with Arlington County, Fairfax County and Montgomery County. (b) Gary Carr, 216 Aspen Street, spoke of the need for the restoration of the running tracks at G.W. Middle School and Hammond Middle School, noting that on the trade of Landbay L there are alternatives, and the folly of building an artificial turf field at the site reserved for the public school and Potomac Yard. Mr. Carr said the dedication of the Minnie Howard campus should include a track, and he spoke of the physical education of children. (c) Raymond V. Petniunas, 1103 Finley Lane, spoke of a proposal for a cooperative measure between Dominion Power and the City to establish a smart grid program for the City. Mayor Euille said he would bring this up at his weekly Mayor/City Manager meeting. (d) Linda Lee, 1420 W. Abingdon Drive, spoke of the cuts to the transit system, noting that she is a transit rider and does not own a car. Ms. Lee said she went to Congressman Moran's office, as well as the two Senators and they were concerned. She suggested setting up a package deal with the hotels and DASH for a Smart Trip card to go with their hotel ticket, and DASH has a monthly pass, and it could possibly have a daily or weekend pass on sale at the Visitors Center, Lyceum or the hotels. REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-7) Planning Commission 3. SPECIAL USE PERMIT #2009-0005 4915 and 4920 BRENMAN PARK DRIVE BRIGHT START LEARNING CENTER Public Hearing and Consideration of a request for an expansion of an existing child day care center to provide an additional classroom; zoned CDD#9/Coordinated Development District. Applicant: Bright Start Learning Center by Kerri Chas PLANNING COMMISSION ACTION: Recommend Approval 7-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 4/18/09, and is incorporated as part of this record by reference.) 4. SPECIAL USE PERMIT #2009-0009 4906 BRENMAN PARK DRIVE (Parcel Address: 191 Somerville Street) FOOD MATTERS RESTAURANT Public Hearing and Consideration of a request for an expansion of an existing restaurant, an increase of indoor and outdoor seating; zoned CDD#9/Coordinated Development District. Applicant: Food Matters, LLC by Victoria & Gerry Hebert and Christy & Tom Przystawik PLANNING COMMISSION ACTION: Recommend Approval 7-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/18/09, and is incorporated as part of this record by reference.) 5. SPECIAL USE PERMIT #2009-0001 2018 MT VERNON AVE 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: Recommend Approval 7-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/18/09, and is incorporated as part of this record by reference.) 6. 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: SUP Recommend Approval 7-0 ENC Recommend Approval 7-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/18/09, and is incorporated as part of this record by reference.) 7. SPECIAL USE PERMIT #2008-0095 411 EAST BRADDOCK ROAD (Parcel Address: 405 E. Braddock Road) 7-ELEVEN, INCORPORATED 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 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/18/09, and is incorporated as part of this record by reference.) 9. DEVELOPMENT SPECIAL USE PERMIT #2006-0006 3650 WHEELER AVENUE LINDSAY LEXUS Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct a parking facility for up to 520 vehicles and a light repair service facility; zoned I/Industrial. Applicant: Lindsay Cadillac Company, Inc. by J. Howard Middleton, attorney PLANNING COMMISSION ACTION: Recommend Approval 7-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 4/18/09, and is incorporated as part of this record by reference.) END OF ACTION CONSENT CALENDAR * * * * * * (Vice Mayor Pepper arrived at this time - 9:58 a.m.) * * * * * * WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried unanimously, City Council adopted the consent calendar, with the removal of item #7 and the addition of item #9 to the consent calendar: 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. 9. City Council approved the Planning Commission recommendation. Councilman Gaines said in regard to item #3 on the consent calendar, Bright Start Learning Center, he noted for the record that his son attends Bright Start Learning Center and will be attending the kindergarten that this expansion covers. The voting was as follows: Krupicka "aye" Pepper "aye" Smedberg "aye" Gaines "aye" Euille "aye" Lovain "aye" Wilson "aye" 7. SPECIAL USE PERMIT #2008-0095 411 EAST BRADDOCK ROAD (Parcel Address: 405 E. Braddock Road) 7-ELEVEN, INCORPORATED 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 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/18/09, and is incorporated as part of this record by reference.) Planning Division Chief Wright responded to questions of City Council regarding the property. Police Captain Ogden also responded to questions of Council concerning the calls for service at the property. WHEREUPON, a motion was made by Councilman Wilson, seconded by Councilman Gaines, to close the public hearing and adopt the Planning Commission recommendation, with an amendment to condition #18, to have it read March 14, 2011 or two years from City Council approval, whichever is later. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried 6-1, City Council moved a substitute motion to approve the Planning Commission recommendation, with an amendment that staff re-docket this item in two years to have an update and discussion on what is happening on consolidation of the properties and take whatever other action is appropriate at that time. The voting was as follows: Krupicka "aye" Pepper "aye" Smedberg "aye" Gaines "aye" Euille "aye" Lovain "aye" Wilson "no" The voting on the main motion carried unanimously and was as follows: Wilson "aye" Pepper "aye" Gaines "aye" Krupicka "aye" Euille "aye" Lovain "aye" Smedberg "aye" REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 8. Public Hearing on an Ordinance on the Increase in Real Estate Tax Revenue, at a Rate Not to Exceed $0.90.5 per $100 of Assessed Value, Attributable to the Increase in Value of Assessed Property as of January 1, 2009, and Known as the "Effective Rate Increase" Pursuant to Section 58.1-3321 of the Virginia Code. Adoption of the Tax Rate is Scheduled for April 27, 2009. (A copy of the City Manager's memorandum dated April 13, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 8; 4/18/09, and is incorporated as part of this record by reference. A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 4/18/09, and is incorporated as part of this record by reference. A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 8; 4/18/09, and is incorporated as part of this record by reference.) In response to questions from City Council, Chief Financial Officer Johnson responded to questions about the open space trust fund account. The following persons participated in the public hearing on this item: (a) Marsha Rhea, 1214 West Avington Drive, spoke in favor of the tax rate and said it is based on her experience as a leader within VOICE, Virginians Organized Interfaith Community Engagement, noting that her church, the Old Presbyterian Meeting House, is one of seven Alexandria congregations involved in VOICE. Ms. Rhea said she could support and advocate for up to a rate of $.90.5 rate if it means Council can restore the one cent for affordable housing. (b) Dee Dee Tostanoski, 417 Underhill Place, a member of VOICE, spoke in favor of the six cent increase in the tax rate, noting that it will enable the City to maintain the current level of funding for affordable housing and increase the contribution toward the dental clinic and to continue assisting ARHA in funding maintenance for the Bland community and other public housing. (c) Barbara Crowder, 911 N. Alfred Street, said she is a Bland resident, noting that she is in training for a home day care, and she spoke to high electric bills and noted the small help she gets from ARHA. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried unanimously, City Council closed the public hearing. The voting was as follows: Krupicka "aye" Pepper "aye" Smedberg "aye" Gaines "aye" Euille "aye" Lovain "aye" Wilson "aye" REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 9. DEVELOPMENT SPECIAL USE PERMIT #2006-0006 3650 WHEELER AVENUE LINDSAY LEXUS Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct a parking facility for up to 520 vehicles and a light repair service facility; zoned I/Industrial. Applicant: Lindsay Cadillac Company, Inc. by J. Howard Middleton, attorney PLANNING COMMISSION ACTION: Recommend Approval 7-0 This item was approved on the consent calendar. 10. DEVELOPMENT SPECIAL USE PERMIT #2004-0028 6101 AND 6125 STEVENSON AVENUE STEVENSON AVENUE RESIDENTIAL Public Hearing and Consideration of a request for a development special use permit, with site plan to construct a residential building with an affordable housing bonus density pursuant to Sec. 7-700 of the Zoning Ordinance and additional height; zoned OCM(50)/Office Commercial Medium. Applicant: Steven A. Hansen, LLC and WWIV Stevenson Avenue, LLC by M. Catharine Puskar PLANNING COMMISSION ACTION: Recommend Approval 7-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 4/18/09, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing. The voting was as follows: Krupicka "aye" Gaines "aye" Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" Cathy Puskar, attorney representing the applicant, 2200 Clarendon Blvd., Arlington, along with Deputy Director of Transportation and Environmental Services Culpepper, and Ms. Ryan, Planning and Zoning, responded to questions of City Council. After discussion, Council gave instruction to staff that after one year of occupancy of the building, the reevaluation of the traffic signalization be brought back through the Traffic and Parking Board for Council evaluation or reconsideration. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Krupicka and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows: Pepper "aye" Gaines "aye" Krupicka "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 11. GREEN BUILDING POLICY Public Hearing and Consideration of a request to adopt the Green Building Policy. Staff: Department of Planning and Zoning PLANNING COMMISSION ACTION: Adopted 7-0 (A copy of Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/18/09, and is incorporated as part of this record by reference.) Planning Director Hamer made a presentation of the staff report and she, along with Director of Environmental Quality Skrabak, Planning Division Chief Farner and Building and Fire Code Administration Director Catlett responded to questions of City Council. The following persons participated in the public hearing on this item: (a) Lou Sagatov, 6021 N. 20th Street, Arlington, speaking on behalf of the Northern Virginia Building Association, said he has been a member of the task force and he spoke about the key components of the residential section and looking at existing building stock and that everything be certified. Mr. Sagatov also spoke to the grandfathering of projects and the funding of the workgroup. (b) Kara Whisler, representing the Alexandria Chamber of Commerce, read her letter sent to Council earlier in the week and spoke in general support of the green building initiatives, noting that they do not want to unreasonably burden developers and property owners. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilmember Lovain and carried unanimously, City Council closed the public hearing. The voting was as follows: Pepper "aye" Gaines "aye" Lovain "aye" Krupicka "aye" Euille "aye" Smedberg "aye" Wilson "aye" WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows: Krupicka "aye" Gaines "aye" Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 12. Public Hearing on the Draft One-Year Action Plan for Housing and Community Development for City Fiscal Year 2010. (A copy of the City Manager's memorandum dated April 13, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 12; 4/18/09, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council: 1. closed the public hearing on the FY 2010 draft one-year action plan for Housing and Community Development, which includes the City's application for new Federal Fiscal Year 2009 funding of $1,233,314 in Community Development Block Grant (CDBG) monies and $830,576 in Home Investment Partnerships Program (HOME) monies; and 2. docketed the draft one-year action plan for Housing and Community Development for final Council approval on May 12, 2009. The voting was as follows: Krupicka "aye" Gaines "aye" Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 13. Public Hearing and Consideration of the Revised Citizen Participation Plan for Housing and Community Development Activities. (A copy of the City Manager's memorandum dated April 13, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 13; 4/18/09, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing and: 1. held the public hearing on the revised citizen participation plan for Housing and Community Development Activities; and 2. docketed the revised citizen partnership plan for City Council approval on May 12, 2009. The voting was as follows: Krupicka "aye" Gaines "aye" Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 13.1 Consideration of the Process for City Council Review of Proposed Grants Submitted Under the Provisions of the American Recovery and Reinvestment Act. (A copy of the City Manager's memorandum dated April 17, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 13.1; 4/18/09, and is incorporated as part of this record by reference.) Legislative Director Caton made a presentation of the report and responded to questions of City Council. WHEREUPON, upon motion by Councilmember Lovain, seconded by Vice Mayor Pepper and carried 6-0, City Council endorsed the process for Council approval of grant applications related to the American Reinvestment and Recovery Act as recommended by City Council's ARRA Subcommittee (Mayor Euille and Councilmember Lovain.) Endorsement would exempt all ARRA related grant applications from receiving Council approval prior to submission unless terms and conditions of the grant require Council action. City Manager approval would continue to be required for each application submission. All applications submitted to the City Manager for approval would concurrently be noticed to City Council and subsequently posted to the City's ARRA website. The voting was as follows: Lovain "aye" Gaines absent Pepper "aye" Krupicka "aye" Euille "aye" Smedberg "aye" Wilson "aye" 13.2 Consideration of Request to Permit the Tallship Peacemaker to Dock at the City Marina for 12 Days and Waive Associated Docking Fees. (A copy of the City Manager's memorandum dated April 17, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 13.2; 4/18/09, and is incorporated as part of this record by reference.) Deputy City Manager Jinks made a presentation of the report and responded to questions of City Council regarding the docking of the Tallship Peacemaker. WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried 5-0, City Council approved the request to dock the tallship Peacemaker at the City of Alexandria Marina for 12 days and waive the associated docking fee. The voting was as follows: Smedberg "aye" Gaines absent Pepper "aye" Krupicka absent Euille "aye" Lovain "aye" Wilson "aye" ORDINANCES AND RESOLUTIONS 14. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Zoning Ordinance to Extend Validity Periods of Approved Site Plans and Development Special Use Permits. (#10, 4/14/09) [ROLL-CALL VOTE] (A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/18/09, and is incorporated as part of this record by reference. A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 4/18/09, and is incorporated as part of this record by reference.) There was discussion among City Council and Acting City Attorney Spera and Planning Division Chief Wright regarding the report being provided to City Council and the timeline of the report, as well as who will provide the report. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Wilson and carried unanimously, City Council closed the public hearing. The voting was as follows: Pepper "aye" Gaines "aye" Wilson "aye" Krupicka "aye" Euille "aye" Lovain "aye" Wilson "aye" WHEREUPON, upon motion by Councilman Wilson, seconded by Councilman Smedberg and carried unanimously, City Council deferred adoption of the ordinance until April 28, 2009 and asked staff to come back with final language reflecting the discussion. The voting was as follows: Wilson "aye" Pepper "aye" Smedberg "aye" Gaines "aye" Euille "aye" Krupicka "aye" Smedberg "aye" 15. Public Hearing, Second Reading and Final Passage of an Ordinance Making Supplemental Appropriations For FY 2009. (#11, 4/14/09) [ROLL-CALL VOTE] (A copy of the City Manager's memorandum dated April 7, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 4/18/09, and is incorporated as part of this record by reference. A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 4/18/09, and is incorporated as part of this record by reference. A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 15; 4/18/09, and is incorporated as part of this record by reference.) The following person participated in the public hearing on the item: (a) Edward Fierstos, 5086 Donovan Drive, spoke of the value of early intervention with young people, and he spoke of the reduction of funds to Mental Health/Mental Retardation and Substance Abuse and Human Resources and asked Council to retain the funding for the human resources for that department. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously by roll-call vote, City Council adopted the ordinance making supplemental appropriations for FY 2009. The voting was as follows: Pepper "aye" Krupicka "aye" Gaines "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" The ordinance reads as follows: