OPENING
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. 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. Mayor Euille asked the Planning staff and the City Manager to provide a status update on her request. (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. 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 (A copy of the Planning Commission report dated November 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 11/15/08, and is incorporated as part of this record by reference.) 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 (A copy of the Planning Commission report dated November 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/15/08, and is incorporated as part of this record by reference.) END OF ACTION CONSENT CALENDAR WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Krupicka and carried unanimously, City Council adopted the consent calendar, with the removal of item #3 and considered it under separate motion, as follows: 4. City Council approved the Planning Commission recommendation. The voting was as follows: Pepper "aye" Gaines absent Krupicka "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 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 (A copy of the Planning Commission report dated November 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 11/15/08, and is incorporated as part of this record by reference.) Deputy Director of Planning and Zoning Josephson, along with Mr. Kagawa, Recreation, Parks and Cultural Activities, responded to questions of Council regarding the policy of $250 for trees for the applicant. Mr. Josephson noted that they would get together with Recreation, Parks and Cultural Activities and provide information to Council on what the policy will be on this type of condition, and it was his understanding that it will be done on a case-by-case basis, along with the concern of tracking the conditions. WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows: Smedberg "aye" Gaines absent Pepper "aye" Krupicka "aye" Euille "aye" Lovain "aye" Wilson "aye" 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) (A copy of the City Manager's memorandum dated October 22, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 5; 11/15/08, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council closed the public hearing. The voting was as follows: Pepper "aye" Gaines absent Smedberg "aye" Krupicka "aye" Euille "aye" Lovain "aye" Wilson "aye" WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council set approval of the Legislative Package for November 25, 2008. The voting was as follows: Krupicka "aye" Gaines absent Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 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. (A copy of the City Manager's memorandum dated November 10, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 6; 11/15/08, and is incorporated as part of this record by reference.) 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 absent Euille "aye" Lovain "aye" Wilson "aye" Councilman Krupicka noted on the campaign finance charter change regulations, they have heard from legislators in Richmond that have been pretty clear that item C, which would prohibit Councilmembers from voting on items where they had taken a donation from a developer prior to the item coming before Council, is not something Richmond would be inclined to support. WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council set approval for November 25, 2008. The voting was as follows: Smedberg "aye" Gaines absent Pepper "aye" Krupicka "aye" Euille "aye" Lovain "aye" Wilson "aye" 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 (A copy of the Planning Commission report dated October 7, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 11/15/08, and is incorporated as part of this record by reference.) The following persons participated in the public hearing on this item: (a) Amy Slack, 207 E. Randolph Street, speaking on behalf of the Del Ray Citizens Association, said the association is in favor of the use. She spoke about the overnight storage of vehicles in the parking lot and asked that it be a condition in the application. She also noted that the alley was in gross disrepair and T&ES needs to remedy it. Deputy Director of Planning and Zoning Josephson noted that the applicant agreed that the overnight storage of vehicles was an issue he would take care of, but he didn't know a condition was needed. (b) Mr. Jose Dominquez, applicant for the restaurant, in response to a question from Mayor Euille about making the restaurant voluntary non-smoking, stated that they are thinking of approving non-smoking in the restaurant in the future. 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 absent Pepper "aye" Lovain "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, 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. The voting was as follows: Krupicka "aye" Gaines absent Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 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 (A copy of the Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/15/08, and is incorporated as part of this record by reference.) The following persons participated in the public hearing on this item: (a) Duncan Blair, 524 King Street, attorney representing the applicant, spoke in favor of the request. (b) Jack Benson, 901 Chahotkin Drive, an eighth grade student at Alexandria Country Day School, spoke in favor of the request. (c) Ginna Semmes, 623 Beverly Drive, an eighth grade student at Alexandria Country Day school, spoke in favor of the request. WHEREUPON, upon motion by Councilman Wilson, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing and moved approval of the Planning Commission recommendation. The voting was as follows: Wilson "aye" Gaines absent Pepper "aye" Krupicka "aye" Euille "aye" Lovain "aye" Smedberg "aye" 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 (A copy of the 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; 11/15/08, and is incorporated as part of this record by reference.) The following person participated in the public hearing on this item: (a) Duncan Blair, 524 King Street, attorney representing the applicant, spoke in favor of the request and noted that Marriott is committed to moving quickly on this site and will begin moving forward to do the final site plan. WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows: Krupicka "aye" Gaines absent Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 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 (A copy of the 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; 11/15/08, and is incorporated as part of this record by reference.) The following person participated in the public hearing on this item: (a) Elizabeth McKeeby, attorney representing the attorney on behalf of Cathy Puskar, 2200 Clarendon Boulevard, Arlington, spoke in favor of the request and spoke about the size of the monument sign. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Krupicka and carried unanimously, City Council closed the public hearing. The voting was as follows: Pepper "aye" Gaines absent Krupicka "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Krupicka and carried unanimously, 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, and with a revision to the wording in condition #55 to add the words "per gross square foot" and delete the words "for the proposed gross floor area." The voting was as follows: Pepper "aye" Gaines absent Krupicka "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 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) (A copy of the City Manager's memorandum dated November 11, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 11; 11/15/08, and is incorporated as part of this record by reference.) Mr. Milone, with Planning and Zoning, made a presentation of the staff report and responded to questions of City Council. Mr. Lou Arronson, attorney representing the owner, Mr. Kauffman, spoke about the property and responded to questions of City Council. A MOTION WAS MADE by Vice Mayor Pepper and seconded by Councilmember Lovain, 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 that 1. City Council reverse 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, and that; 3. Failing the conduct of such test to the satisfaction of the Director, within such reasonable period of time as the Director determines, the City Attorney is directed to file suit to compel the property owner to remove the paint. After discussion among City Council, Vice Mayor Pepper, along with Councilmember Lovain, as maker and seconder of the motion, withdrew the motion. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilmember Lovain and carried unanimously, 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. The voting was as follows: Pepper "aye" Gaines absent Lovain "aye" Krupicka "aye" Euille "aye" Smedberg "aye" Wilson "aye" 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] (A copy of the City Manager's memorandum dated October 22, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 12; 11/15/08, 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. 12; 11/15/08, 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. 12; 11/158/08, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council closed the public hearing and adopted the ordinance making supplemental appropriations for FY 2009. Councilman Smedberg reminded the City Manager to give Council a list of the grants. The voting was as follows: Pepper "aye" Gaines absent Smedberg "aye" Krupicka "aye" Euille "aye" Lovain "aye" Wilson "aye" The ordinance reads as follows: ORDINANCE NO. 4563
Transportation and Environmental Services $ 353,706
Fire 424,443 Police 21,031 Total Equipment Replacement Reserve Fund $ 799,180 Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2009 the source of such amount being external grant awards for which the proceeds were received or accepted prior to June 30, 2008, but which were not expended by such date, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 2009, as follows: SPECIAL REVENUE FUND ESTIMATED REVENUE: Office on Women $ 36,365 Commonwealth’s Attorney 30,917 Court Service Unit 145,922 Human Rights 6,864 Transportation and Environmental Services 1,255,459 Fire 960,451 Police 318,781 Housing 6,112,145 Mental Health/Mental Retardation/Substance Abuse $ 416,375 Human Services 524,656 Total Estimated Revenue $ 9,807,935 SPECIAL REVENUE FUND APPROPRIATION:
Commonwealth’s Attorney 30,917
Court Service Unit 145,922
Human Rights 6,864
Transportation and Environmental Services 1,255,459
Fire 960,451
Police 318,781
Housing 6,112,145
Mental Health/Mental Retardation/Substance Abuse 416,375 Human Services 524,656 Total Appropriation $ 9,807,935
Commonwealth’s Attorney -15,403
Sheriff 24,369
Court Services Unit 39,888
Other Public Safety – Sheltercare -4,975
Transportation and Environmental Services 91,625
Fire 10,933
Police 300,417
Housing 418,057
Mental Health/Mental Retardation/Substance Abuse 919,777
Human Services 735,305 Total Estimated Revenue $ 2,578,518
Human Services 735,305
Total Appropriation $2,578,518
Citizen Assistance 9,965
Commonwealth’s Attorney 27,453
Court Service Unit 8,665
Clerk of the Courts 32,219
Finance 8,092
Planning and Zoning 323,628
Sewer Fund 7,118,265
Fire 136,763
Police 616,299
Health 1,462
Human Services 156,375
Office of Historic Alexandria 32,370
Recreation 81,338
Non-Departmental $ 200
Total Estimated Revenue $ 8,576,865
Court Services 8,665
Fire 136,673
Non-Departmental 200
Total Appropriation $ 8,576,865
City Clerk and Clerk of Council 1,257
Office of Historic Alexandria 54,031
Total Appropriation $ 56,173
Total Estimated Revenue $2,902,820
Health 10,000
Finance 40,000
Court Service Unit 20,400
MHMRSA 485,000
TES 355,000
DHS 300,000
Housing 831,673
Contingent Reserves 80,000
Non-Departmental 770,747
Total Appropriation $ 2,902,820