1. Calling the Roll. Mayor Euille called the meeting to order and the Deputy City Clerk called the roll. All members of Council were present. Council Action:_________________________________________________________ 2. Public Discussion Period. (a) Mark Grello, 1829 Dalmation Drive, McLean, requested that Council include an exemption in Resolution 2347 for Certified Contractor and requiring them to submit a certificate of insurance for cutting, welding and saturating. Mr. Grello requested that the City accept the State permit and not require a special permit. (b) Pat Miller, 1806 North Cliff Street, thanked Council for their help with the Art on the Avenue event in Del Ray. (c) Gary Carr, 216 Aspen Street, requested that Council consider repairing the fields and restore the running tracks at Francis Hammond and George Washington Middle Schools. Mr. Carr stated that no field in the City should be repaired until the ones at the schools are repaired and development should include a track, or at minimal, a perimeter path, to make it useful to the entire community. (d) Dean Graves, 4850 Mark Center Drive, representing the Institute for Defense Analyses (IDA), spoke in opposition to planned construction of a highway ramp from Shirley Highway into the Mark Center including several option going through the Winkler Botanical Preserve and across IDA property to provide access for employees to commute to their new location. Mr. Graves requested Council to oppose any consideration of roads or highways ramps that intrude into the Botanical Preserve or IDA's property. (e) David Fromm, 2307 East Randolph Avenue, spoke about the proposed plans for changes to the election process in the City and was unhappy that the work on the new process has been shaped behind the scenes for weeks. Mr. Fromm stated the change should put the election on the Presidential election cycle and focus on other changes that would increase participation like absentee balloting. Mayor Euille stated that the discussion and planning for the election process will be a public, democratic process before any formal action is taken. (f) JoAnne Lepanto, 4009 North Garland Street, representing the Seminary Hill Association, Inc, thanked Council and City staff for the changes that have been made to Fort Ward Park and restoring peace to the area. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-4) Planning Commission 3. SPECIAL USE PERMIT #2009-0041 618 A SOUTH PICKETT STREET (Parcel Address: 600 S. Pickett Street) GENERAL AUTOMOTIVE REPAIR Public hearing and Consideration of a request to operate a general automobile repair business; zoned I/Industrial. Applicant: Tahir Mahmood PLANNING COMMISSION ACTION: Recommend Approval 6-0 4. SPECIAL USE PERMIT #2009-0044 702 NORTH PATRICK STREET PARKING REDUCTION Public Hearing and Consideration of a request for a parking reduction; zoned RB/Residential. Applicant: Alamin and Nadia Negash PLANNING COMMISSION ACTION: Recommend Approval w/ amendments 6-0 10. SPECIAL USE PERMIT #2009-0045 1121 KING STREET PERFORMING ARTS CENTER AND THEATER Public Hearing and Consideration of a request to operate a performing arts center (amusement enterprise); zoned KR/King Street Retail. Applicant: Foundation for the Preservation of Medieval Arts and History represented by Thomas Booth. PLANNING COMMISSION ACTION: Recommend Approval w/amendments 6-0 END OF ACTION CONSENT CALENDAR City Council approved the action consent calendar and included docket item number 10 as part of the action consent calendar. The approval was as follows: 3. City Council approved the Planning Commission recommendation. 4. City Council approved the Planning Commission recommendation. 10. City Council approved the Planning Commission recommendation. (added to the consent calendar) Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 5. Public Hearing to Obtain Citizens Input on the City's Proposed Fiscal Year 2011 Budget and Capital Improvement Program (CIP). City Council held the public hearing to obtain citizens input on the City's Proposed Fiscal Year 2011 Budget and Capital Improvement Program (CIP). Council Action:_________________________________________________________ 6. Public Hearing to Receive Public Comment on the Proposed VDOT HOTLanes Project. City Council held a public hearing to receive public comment on the proposed VDOT HOTLanes Project. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 7. DEVELOPMENT SPECIAL USE PERMIT #2007-0002 630 & 636 NORTH PATRICK STREET CHURCH OF GOD AND SAINTS OF CHRIST Public hearing and Consideration of a request for a development special use permit, with site plan and modifications, to construct an addition on an existing church building; zoned RB/Residential. Applicant: Church of God and Saints of Christ, Sixteenth Tabernacle represented by R. McGhee (#8, 9/1/09) PLANNING COMMISSION ACTION: Recommend Approval 6-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 8. SPECIAL USE PERMIT #2009-0033 504 JOHN CARLYLE STREET 7-ELEVEN Public Hearing and Consideration of a request to operate a convenience store; zoned CDD-1/Coordinated Development District. Applicant: 7-Eleven Incorporated represented by Michael Vanderpool (#6, 9/1/09) PLANNING COMMISSION ACTION: Recommend Approval w/amendments 5-1 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 9. TEXT AMENDMENT #2009-0003 SMALL BUSINESSES IN CAMERON STATION Public Hearing and Consideration of a request for an amendment to Section 11-513 of the City's Zoning Ordinance to apply the zoning regulations governing certain small businesses to the Cameron Station development. Staff: Department of Planning and Zoning PLANNING COMMISSION ACTION: Recommend Approval 6-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 10. SPECIAL USE PERMIT #2009-0045 1121 KING STREET PERFORMING ARTS CENTER AND THEATER Public Hearing and Consideration of a request to operate a performing arts center (amusement enterprise); zoned KR/King Street Retail. Applicant: Foundation for the Preservation of Medieval Arts and History represented by Thomas Booth. PLANNING COMMISSION ACTION: Recommend Approval w/amendments 6-0 This item was considered with the action consent calendar items. Council Action:_________________________________________________________ Board of Architectural Review 11. Public Hearing and Consideration of an Appeal of the Board of Architectural Review's decision approving, as amended, a permit to demolish the building at 224 N. Fayette Street, zoned CRMU/M Commercial, BAR Case 2009-0109. Applicant: William Cromley. Appellant: Boyd Walker on behalf of petitioners; and Appellant: James K. Hartmann, City Manager. City Council upheld the Board of Architectural Review's decision and mandated that the applicant cannot begin demolition for six months. During the six months time period, the applicant will entertain any and all reasonable and financially sound offers to purchase or move the property. A ratified contract must be obtained in order to prevent demolition. City Council also requested that staff consolidate conditions #1 and #10 of the Parker-Gray Board of Architectural Review's guidelines and create consistency and clearly define the process by which there are appropriate plans to interpret and commemorate history. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 12. Public Hearing, Second Reading and Final Passage of an Ordinance to Establish a Late Payment Fee For Food Establishments and Vending Machine Operators That Are More Than 14 days Late in Paying Their Annual Permit Fees. (#11, 10/13/09) City Council adopted an ordinance to establish a late payment fee for food establishments and vending machine operators that are more than 14 days late in paying their annual permit fees. (ORD. NO. 4627) Council Action:_________________________________________________________ 13. Consideration of a Resolution to Establish a Late Payment Fee for Food Establishments and Vending Machine Operators That Are More Than 14 Days Late in Paying Their Annual Permit Fees. City Council adopted a resolution to establish a late payment fee for food establishments and vending machine operators that are more than 14 days late in paying their annual permit fees. (RES. NO. 2365) Council Action:_________________________________________________________ 14. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain Section 3-2-52 (Assessment of Fee For Courthouse and Jail) of the Alexandria City Code. (#12, 10/13/09) City Council adopted an ordinance to amend and reordain Section 3-2-52 (Assessment of Fee for Courthouse and Jail) of the Alexandria City Code. (ORD. NO. 4628) Council Action:_________________________________________________________ 15. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Massage Regulations and to Allow Council to Establish Permit Application Fees and Plan Review Fees By Resolution. (#13, 10/13/09) (This item is being deferred) This item was deferred. Council Action:_________________________________________________________ 16. Consideration of a Resolution to Increase Permit Fees for Massage Therapists, Massage Establishments, and Home Massage Therapy and to Establish Plan Review Fees for Massage Establishments, Permit Reinstatement Fees for Massage Therapists, and Late Payment Fees for Massage Establishment Owners, Home Massage Permit Holders, and Massage Therapists. (This item is being deferred) The item was deferred. Council Action:_________________________________________________________ 17. Public Hearing, Second Reading and Final Passage of an Ordinance to Repeal Chapter 4 of the Code of the City of Alexandria Which Will Deregulate Coin-operated Dry Cleaners and Coin-operated Laundries. (#14, 10/13/09) City Council adopted an ordinance to repeal Chapter 4 of the Code of the City of Alexandria which will deregulate coin-operated dry cleaners and coin-operated laundries. (ORD. NO. 4629) Council Action:_________________________________________________________ 18. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Further Extend the Pilot Program Established by City Council by Ordinance No. 4566 to Authorize Portable Signs in the Public Right-of-way For Businesses in the Central Business District, With Administrative Approval. The City Council approved the ordinance on first reading and scheduled it for second reading, public hearing and final passage on October 27, 2009. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) DEFERRAL/WITHDRAWAL CONSENT CALENDAR None. END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR Council Action:_________________________________________________________