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 Smedberg, who was absent. 2. Public Discussion Period. (a) Neil Wolfe, 1106 West Taylor Run Parkway, president, Wolfe Construction, Inc., spoke of the taxes collected by the City for his business and of his commercial vehicles being ticketed for violations for commercial vehicles in a residential neighborhood, three hour violations, and trailers in a residential neighborhood. He said he invested in a 12x7 dumping trailer and he owns a 14x7 equipment trailer. He asked that multiple parking passes be attached to building permits that allow commercial vehicles, including trailers, to be parked in residential areas in close proximity to the projects, the permits could be issued for durations longer than seven to 10 days and perhaps be pegged to the expected duration of the project, and renewed as needed until the project is completed. Mr. Wolfe asked that it also allow residents to renew temporary passes on-line and print them out at home and that residents be allowed one commercial vehicle such as a passenger vehicle or pick-up truck that is under 7,500 pounds of gross vehicle weight to be parked in front of their home. (b) Christopher Der, 5405 Duke Street, #312, spoke of decreases in the DASH subsidies proposed at $600,000 and said he does not want to see a fare increase or reduction in service for FY2011. He said cutting service could mean that someone has lost their only way of getting around. He said he would reluctantly agree to a fare increase to avoid any service cuts and would support up to a 25 cent increase in fares and an increase in the price of the DASH pass, and if that is not enough to close the budget shortfall, he would agree to service restructuring and would reluctantly support the restructuring of weekday/midday service in Old Town. Mr. Der said the City should adequately fund Metro bus and rail service. (c) Nicole Davies, 5405 Duke Street, spoke of DASH services budget and potential cuts to the service in the budget, which include fare increases and/or service reductions, and she did not want the fares or service levels to change. However, since there is a budget shortfall, the following solutions will have the least negative impact on the residents of Alexandria, which is up to a 25 cent increase in fares, an increase in the price of the DASH pass, and after that, if there is still a budget gap, then DASH should restructure the AT-2 and AT-5 service in Old Town. (d) Gary Carr, 216 Aspen Street, spoke of the need for restoration of the running tracks at George Washington Middle School and Francis Hammond Middle School, noting that while he is willing to wait on the final disposition of the field at GW Middle School, the field at Hammond can and should be fixed now, noting that the field at Hammond isn't worthy of playing on for 60 seconds, let alone 60 minutes. He said illuminating the fields is a near intractable problem, as the fields are always in someone's back yard, and he stated that a ballot referendum would decide as a community that there should be lights at the high school, at the middle schools or the parks. (e) Jack Sullivan, 4300 Ivanhoe Place, representing the Seminary Hill Association, presented a resolution unanimously passed by the Seminary Hill Association with regard to the part of the Seminary Hill Small Area Plan that has been highjacked to the Beauregard Corridor plan be detached and returned to them. Mr. Sullivan said the Seminary Hill Association asks the City Manager to derail the attempt at spot zoning and return the parcel to the Seminary Hill Small Area Plan, noting that they strongly object to it and asks the City to respect the legitimacy and legality of the existing small area plan. Mayor Euille asked staff to provide a response to the resolution provided by the Seminary Hill Civic Association. Vice Mayor Donley said they need a response from the Planning Director as to what the rationale was about why the parcels and sections were added to the Beauregard Small Area Plan. (f) Emmanuella DuPlessy, 511 N. Armistead Street, #T-1, a member of Zeta Phi Beta Sorority, Inc., spoke of adult literacy and noted that the causes of adult literacy are complex. Ms. DuPlessy spoke of the National Education Association's Read Across America Program, which is an annual reading motivation program and calls for every child in the community to read and for families to read together. She said the Alexandria chapter of Zeta Phi Beta hosted its first Read Across America event last year in March at the Duncan Library to encourage children and families to read together and they plan on hosting the same event at the Duncan Library on March 13. She said they looking forward to working with the City on the issue of youth literacy. * * * * * NEW BUSINESS ITEM NO. 1: Mayor Euille welcomed back to the Chambers Police Captain Scott Ogden, who had been out since August. * * * * * REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-4) Planning Commission 3. SPECIAL USE PERMIT #2009-0069 115 & 119 SOUTH ROYAL STREET RESTAURANT Public Hearing and Consideration of a request for an expansion of a restaurant; zoned CD/Commercial Downtown. Applicant: Fontaine, Inc., by Kyong Ri Yi PLANNING COMMISSION ACTION: Recommend Approval 7-0 (A copy of the Planning Commission report dated January 23, 2010 is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 1/23/10, and is incorporated as part of this record by reference.) 4. SPECIAL USE PERMIT #2009-0070 499 SOUTH PICKETT STREET BMW OF ALEXANDRIA Public Hearing and Consideration of a request to amend the hours of operation of an existing automobile sales facility, zoned CSL/Commercial Service Low. Applicant: AV Automotive Munich, LLC by Jerry H. Griffin PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0 (A copy of the Planning Commission report dated January 23, 2010 is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/23/10, and is incorporated as part of this record by reference.) END OF ACTION CONSENT CALENDAR WHEREUPON, a motion was made by Vice Mayor Donley and seconded by Councilwoman Pepper to adopt the action consent calendar, as follows: 3. City Council approved the Planning Commission recommendation. 4. City Council approved the Planning Commission recommendation. Councilman Fannon noted that he spoke with Gerry Griffith, vice president/general counsel for BMW of Alexandria, who was thankful to the staff, and he said BMW of Alexandria will be applying for signage and they hoped staff would be cooperative with them on that so they can market their business as best they can. The voting was as follows: Donley "aye" Fannon "aye" Pepper "aye" Hughes "aye" Euille "aye" Krupicka "aye" Smedberg absent REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 5. Public Hearing and Adoption of the Updated Special Events Policies and Procedures. (#15, 11/24/09) (A copy of the City Manager's memorandum dated November 18, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 1/23/10, and is incorporated as part of this record by reference. The following persons participated in the public hearing on this item: (a) Julie Wadler, 104 Hume Avenue, spoke in support of the revised plan for special events and urged its adoption. (b) Lenny Harris, 415 E. Luray Avenue, spoke in support of the special events, but noted his concerns of the language of co-sponsored and non-sponsored events. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously, City Council closed the public hearing. The voting was as follows: Krupicka "aye" Donley "aye" Pepper "aye" Fannon "aye" Euille "aye" Hughes "aye" Smedberg absent WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously, City Council adopted the updated Special Events Policies and Procedures. The voting was as follows: Krupicka "aye" Donley "aye" Pepper "aye" Fannon "aye" Euille "aye" Hughes "aye" Smedberg absent REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 6. SPECIAL USE PERMIT #2009-0067 (A) SPECIAL USE PERMIT #2009-0068 (B) 1900 JAMIESON AVENUE, 1920 AND 2050 BALLENGER AVENUE CARLYLE - BLOCK G, J AND K Public Hearing and Consideration of request to amend to Carlyle SUP to allow above and below ground level uses to also be permitted on all ground floor retail designated spaces, to designate additional uses for the second floor retail spaces, and to modify the parking requirement for Blocks J and K; zoned CDD-1/ Coordinated Development District -1. Applicant: Carlyle Lane CFRI Venture II, LLC (Block G) and 1920 Ballenger Ave. LLC, 2050 Ballenger Ave. LLC (Blocks J and K) by Kenneth Wire, attorney PLANNING COMMISSION ACTION: (A) Recommend Approval w/amendments 7-0 (B) Recommend Approval w/amendments 7-0 (A copy of the Planning Commission report dated January 23, 2010 is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/23/10, and is incorporated as part of this record by reference.) Planner Parker made a presentation of the report and she, along with Ms. Wright, responded to questions of City Council. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously, City Council closed the public hearing. The voting was as follows: Krupicka "aye" Donley "aye" Pepper "aye" Fannon "aye" Euille "aye" Hughes "aye" Smedberg absent WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows: Krupicka "aye" Donley "aye" Pepper "aye" Fannon "aye" Euille "aye" Hughes "aye" Smedberg absent * * * * * * NEW BUSINESS ITEM #2: Mayor Euille acknowledged the presence of members of scouts from troop #680 in the Chambers, who are observing the Council as part of their civic and community service. * * * * * * 7. TEXT AMENDMENT #2009-0004 Public Hearing and Consideration of an amendment to the City Zoning Ordinance regarding subdivision variations. Staff: Department of Planning and Zoning (Text amendment initiated on June 2, 2009.) PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0 (A copy of the Planning Commission report dated January 23, 2010 is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/23/10, and is incorporated as part of this record by reference.) Deputy Director of Planning and Zoning Ross made a presentation of the report. WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilwoman Pepper and carried unanimously City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows: Hughes "aye" Donley "aye" Pepper "aye" Fannon "aye" Euille "aye" Krupicka "aye" Smedberg absent ORDINANCES AND RESOLUTIONS 8. Public Hearing, Second Reading, and Final Passage of an Ordinance to Amend and Reordain Section 3-2-321 (License Required; License Tax Levied and Billed) and Section 3-2-222 (Exempt Vehicles to Obtain License) of Article R (License Taxes on Motor Vehicle, Trailers and Semitrailers) of Chapter 2 (Taxation) of Title 3 (Finance, Taxation and Procurement) of the Alexandria City Code. (#10, 1/12/10) [ROLL-CALL VOTE] (A copy of the City Manager's memorandum dated January 6, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/23/10, 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; 1/23/10, 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; 1/23/10 and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried 6-0 by roll-call vote, City Council adopted the ordinance to amend the City Code pertaining to license tax levied and billed, exempt vehicles, license taxes on motor vehicles, trailers and semitrailers and finance, taxation and procurement. The voting was as follows: Krupicka "aye" Donley "aye" Pepper "aye" Fannon "aye" Euille "aye" Hughes "aye" Smedberg absent The ordinance reads as follows: