1. Calling the Roll. The meeting was called to order by Mayor Euille, and the City Clerk called the roll. All members of Council were present. Council Action:_________________________________________________________ 2. Public Discussion Period. (1) Julie Van Fleet, 26 Wolfe Street, said that in the recent lawsuit found in the City's favor, they were accused of malice in a written filing and said she, along with the other three, are not malicious, hateful, vengeful or would not file something just for the heck of it. She said someone might want to know what is being filed on their behalf, particularly against citizens who are acting in the democratic process of being heard by a third party to have a decision made. She said she and the former two city attorneys were friends and they would always take her calls, and her understanding is that the present City Attorney doesn't want to see any of them in the grocery store and he doesn't live in the City, so he doesn't know them. She said they are not vengeful and malicious people and they express their opinions and sometimes do so with a great deal of passion. Ms. Van Fleet said people did not understand what was being talked about in the waterfront plan. While the Judge ruled in the City's favor for legal reasons, that is not to say that the descriptions tell everyone what is going on. She said she appeared at the meeting to find out what they were talking about. She said her point was that someone needed to say something about why they were having the hearing, as people don't understand what it is they are allowing them to talk about at the 11th hour. She said the City can do better about explaining exactly what it is. Ms. Van Fleet said she doesn't want a chocolate pie from the city attorney and she would not give him a vanilla pie. (2) Jack Sullivan, 4300 Ivanhoe Place, said the staff generated draft of the Beauregard Plan area would displace as many as 10,000 residents of the West End, including up to 2,000 residents thrown out in the first phase of demolition. No affordable housing will be made available until after 2020, and there are no guarantees at that point. He said the plan harms the poor in a major way and gives to the rich the $60 billion up front in City taxpayer money to make the developer plan possible - it is not a community plan but is a developer plan. There are 10,000 people living in the Seminary Hill area, and if such a plan were devised to move all of them out, the person behind the plan probably would be looking for a new job. Yet this plan can be put forward because these citizens are tenants and not owners and are not rich. Mr. Sullivan said all kinds of excuses can be given why more cannot be done, none which are valid if they are willing to make affordable housing their prime goal in the redevelopment of the Beauregard Corridor. Mr. Sullivan said he has prepared an alternative plan and its been given to Council. He asked Council to ask themselves if they want their record of service to Alexandria to include dispossessing thousands of citizens in the name of redevelopment and using taxpayer money to make it available. (3) Annabelle Fisher, 5001 Seminary Road, said she wanted to refer to talking points by some members of Council and City administrative staff who tell citizens that they find her comments very insulting and/or they are insulted by what she has said. She said this has happened to her three times within the past week and it is not professional on the part of the elected officials and senior administrators in Planning and Zoning, Transportation and Environmental Services, and the City Manager's Office. She said when she makes comments, they are not meant as personal comments but are related to their positions and job titles. Ms. Fisher asked the City Manager and the Mayor when they have a department administrative meeting next week to advise senior staff that a response to any citizen that they are insulting them be taken out of the talking points. (4) John Stephenson, 133 N. Payne Street, president, Alexandria Taxpayers United, spoke about the 2013 budget, noting that the Taxpayers United is generally pleased with the budget recommendation the City Manager has proposed, and among the positive changes is the focus on core services like public safety and education and less emphasis on promotional and beautification projects. He said the budget would repair and maintain existing transportation infrastructure before building new projects and it would also eliminate empty, unnecessary positions on City staff and streamline programs such as senior taxi. Mr. Stephenson said they are glad to see that the City Manager would require employee contributions toward health care. He said they hope Council will continue to build on what the City Manager has proposed by finding more savings and avoiding burdensome tax increases in the final budget. (5) Poul Hertel, 1217 Michigan Court, said those who live in George Washington's hometown forget how important a figure George Washington was to the City and to the United States. George Washington's residence at Mount Vernon and the City that bore his name could be dismissed as cultural icons if it were not for his importance to the American heritage, and the two became intertwined not only by George Washington but also by the road connecting the two. He said that next time one drives on the GW Memorial Parkway, they should enjoy the beauty of the Potomac River as George Washington did, and as they drive toward D.C. and are stuck at the Slaters Lane intersection, look up instead, for it is no accident that straight ahead, one will see the Washington Monument to remind them how magnificent he was and the Memorial Parkway is. (6) Amy Slack, 2307 E. Randolph Avenue, spoke about the City of Alexandria Zoning Ordinance, which was enacted in order to promote the health, safety and welfare of the residents of the City of Alexandria and to implement the consolidated master plan of the City, and she read from the ordinance. She said it is important to re-read what the ordinance says and to remind themselves of why they are here and why they do what they do and why they do it. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-4) Planning Commission 3. SPECIAL USE PERMIT #2011-0080 2607 MOUNT VERNON AVENUE - BOMBAY CURRY COMPANY Public Hearing and Consideration of a request to operate a restaurant with a parking reduction; zoned CL/ Commercial Low. Applicant: Bombay Curry Company, Inc. PLANNING COMMISSION ACTION: Recommend Approval 7-0 4. SPECIAL USE PERMIT #2011-0082 4536-4598 EISENHOWER AVENUE Public Hearing and Consideration of a request to amend an umbrella SUP to allow dog day care with overnight pet boarding; zoned OCM (100)/Office Commercial Medium (100). Applicant: Claremont Investors, LLC by M. Catharine Puskar PLANNING COMMISSION ACTION: Recommend Approval 7-0 END OF ACTION CONSENT CALENDAR City Council adopted the consent calendar, as follows: 3. City Council approved the Planning Commission recommendation. 4. City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 5. Public Hearing on the Strategic Plan on Aging for 2012-2016. (#7, 1/10/12) City Council held the hearing, received the draft Strategic Plan on Aging, and noted that adoption is scheduled for March 27, 2012. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 6. SPECIAL USE PERMIT #2011-0081 200 COMMERCE STREET - GELATO SHOP/RESTAURANT Public Hearing and Consideration of a request for amendments to an existing SUP to operate a gelato shop/restaurant; zoned CL/Commercial Low. Applicant: Boyd Walker PLANNING COMMISSION ACTION: Recommend Approval 5-0 City Council approved the Planning Commission recommendation, with the removal of the words "wait stations" from conditions #8 and 9 in the report. Council Action:_________________________________________________________ 7. CDD CONCEPT PLAN #2011-0004 MASTER PLAN AMENDMENT #2011-0005 DEVELOPMENT SPECIAL USE PERMIT #2011-0020 TMP SPECIAL USE PERMIT #2011-0046 2425 MILL ROAD (Block 3); 312 & 314 TAYLOR DRIVE, 301 & 315 STOVALL STREET (Block 2) 2401 EISENHOWER AVENUE -- HOFFMAN BLOCK 8 Public Hearing and Consideration of requests for: A) an amendment to the Eisenhower East Small Area Plan to transfer floor area between blocks in CDD #2; B) an amendment to the CDD Concept Plan to transfer floor area and park-ing spaces between blocks; C) amendments to a development special use permit, with site plan, (DSUP #2000-0028) to transfer office floor area from Blocks 2 and 3 to Block 8 and approval of a penthouse taller than 15 feet; D) amendments to a Transportation Management Plan Special Use Permit (SUP #2005-0115); zoned CDD #2/Coordinated Development District 2. Applicant: Hoffman Family, LLC represented by Kenneth Wire, attorney PLANNING COMMISSION ACTION: CDD #2011-0004 Recommend Approval 7-0 MPA #2011-0005 Adopted Resolution 7-0 DSUP #2011-0020 Recommend Approval with Amendments 7-0 TMP SUP #2011-0046 Recommend Approval with Amendments 7-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 8. SPECIAL USE PERMIT #2011-0062 100 EAST WINDSOR AVENUE - DEL RAY MONTESSORI SCHOOL Public Hearing and Consideration of a request for an SUP amendment to operate a private school and day care center with parking reduction; zoned R2-5 and RB/Single and Two-Family Zone and Townhouse Zone. Applicant: The Del Ray Montessori School. PLANNING COMMISSION ACTION: Recommend Approval 7-0 City Council approved the Planning Commission recommendation, with the additional sentence in condition #9 to read: Staff will continue to work with the applicant to monitor the safety and effectiveness of the Windsor drop off location and may make changes to the drop off plans in consultation with neighbors and the applicant if staff believes there are any issues related to safety or road access caused by the Windsor location. Condition #2 should read: The hours of operation for the day care center and school shall be limited to between 8:15 a.m. and 5:30 p.m., Monday through Friday. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 9. Waterfront Ordinance: Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain the Master Plan of the City of Alexandria, Virginia, By Adopting and Incorporating Therein the Amendment Heretofore Approved By City Council as Master Plan Amendment No. 2011-0001 to incorporate the Waterfront Small Area Plan Chapter into the Master Plan and No Other Amendments, and to Repeal All Provisions of the Said Master Plan as May Be Inconsistent With Such Amendment. (#24, 02/14/12) * * * * * * (Mayor Euille left the meeting at this time - 1:00 p.m.) * * * * * * City Council adopted the ordinance to incorporate the waterfront small area plan chapter into the master plan. (ORD. NO. 4749) Council Action:_________________________________________________________ 10. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain Sections 3-3-35, 3-3-39, 3-3-43, 3-3-52, 3-3-54, 3-3-62, 3-3-69, 3-3-70, 3-3-81, 3-3-121, 3-3-122, 3-3-127, 3-3-128 and to Amend and Ordain Section 3-3-63.2, of the Code of the City of Alexandria, Virginia, 1981, as Amended, in Order to Make the Procurement Provisions Comply With the Code of Virginia and Make Clerical Changes. (#11, 2/14/12) City Council adopted the ordinance to make the procurement provisions comply with the Code of Virginia and to make clerical changes. (ORD. NO. 4750) Council Action:_________________________________________________________ 11. Public Hearing, Second Reading and Final Passage of an Ordinance Authorizing the Owner of the Property Located at 923 King Street to Construct and Maintain an Encroachment For Two (2) Bay Windows and a Front Door Entry Way on the King Street Right-of-way and Two (2) Bay Windows and a Portion of a Building Wall on the Patrick Street Right-of-way at That Location. (#12, 2/14/12) City Council adopted the ordinance for 923 King Street to construct and maintain an encroachment. (ORD. NO. 4751) Council Action:_________________________________________________________ 12. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain the Master Plan of the City of Alexandria, Virginia, By Adopting and Incorporating Therein the Amendment Heretofore Approved By City Council to Braddock Metro Station Small Area Plan and the Northeast Small Area Plan Chapters as Master Plan Amendment No. 2011-0008 and No Other Amendments, and Repeal All Provisions of the Said Master Plan as May Be Inconsistent With Such Amendment. (#13, 2/14/12) City Council adopted the ordinance for the Braddock Metro Station small area plan. (ORD. NO. 4752) Council Action:_________________________________________________________ 13. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain the Master Plan of the City of Alexandria, Virginia, By Adopting and Incorporating Therein the Amendment Heretofore Approved By City Council to the Fairlington/Bradlee Small Area Plan Chapter as Master Plan Amendment No. 2011-0007 and No Other Amendments, and To Repeal All Provisions of the Said Master Plan As May Be Inconsistent With Such Amendment. (#14, 2/14/12) City Council adopted the ordinance for the Fairlington/Bradlee small area plan. (ORD. NO. 4753) Council Action:_________________________________________________________ 14. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain Sheet No. 032.01 of the “Official Zoning Map, Alexandria, Virginia,” Adopted by Section 1-300 (Official Zoning Map and District Boundaries), of the City of Alexandria Zoning Ordinance, By Rezoning the Property at 3526 King Street From, CG/Commercial General to OC/Office Commercial With Proffer in Accordance With the Said Zoning Map Amendment Heretofore Approved By City Council as Rezoning No. 2011-0002. (#15, 02/14/12) City Council adopted the ordinance for the property at 3526 King Street. (ORD. NO. 4754) Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) DEFERRAL/WITHDRAWAL CONSENT CALENDAR Planning Commission (continued) 15. TEXT AMENDMENT #2012-0001 PUBLIC SCHOOL USE IN CR/LANDMARK MALL ZONE A) Consideration of initiation of a text amendment; B) Public Hearing and consideration of an amendment to Section 4-700 of the Zoning Ordinance to allow public schools use within the CR/Commercial Regional Zone, with approval of a special use permit. PLANNING COMMISSION ACTION: Deferred without objection City Council noted the deferral. Council Action:_________________________________________________________