1. Calling the Roll. The meeting was called to order by Mayor Euille, and the Deputy City Clerk called the roll; all the members of Council were present. Council Action:_________________________________________________________ 2. Public Discussion Period. The following persons participated in the public discussion period: (a) Bert Ely, 200 South Pitt Street, spoke about concerns with the proposed Waterfront Plan that have not been addressed, including additional design options for the proposed restaurant for Waterfront Park, a hotel use analysis and Master Plan Amendment #2011-0001 and Text Amendment #2011-0005. Mr. Ely requested that Council not proceed with the consideration of the Waterfront Plan until it is scaled back to a more realistic and modest proposal honoring the historic character of Old Town and Alexandria as whole. (b) Bill Harvey, 2151 Jamieson Avenue, Unit 1809, expressed concerns about the proposed Waterfront Plan, pointing out the environmental hazards the plan creates with its economic development driven vision, the potential for higher design, construction, operations and maintenance costs than the plan proposes, and lack of usage of the natural order of the waterway. Mr. Harvey requested a smaller, less ambitious Waterfront Plan be presented for consideration. (c) David Bouk, 2705 Holly Street, reported that there was an increase in burglaries and crime in the Del Ray neighborhood and he wanted to let Council know about the increase and the concerns of the neighborhood. Mr. Bouk noted that he had been the victim of several burglaries in recent weeks. (d) Russell Keller, 520 John Carlyle Street, Unit 230, spoke about the persistent noise from the restaurant below his condominium and throughout the building. Mr. Keller stated that the City Attorney's opinion about the problem should be ignored by Council because it denies the residents property rights. Mr. Keller also requested that the Special Use Permit for the restaurant be enforced. (e) Bob Wood, 711 Potomac Street, expressed concern about some of the aspects of the proposed Waterfront Plan, including the amount of square footage proposed for the Plan and the lack of viable alternative plans being offered for consideration or collaboration. (f) Jack Sullivan, 4300 Ivanhoe Place, requested that Council use caution when expending City funds to institute the Capitol BikeShare program. Mr. Sullivan noted that even though the program would initially be funded by a TIGER Grant from the U. S. Department of Transportation, the City would be committed to a 20% match and would be picking up the cost for the program in the future indefinitely. Mr. Sullivan suggested that the City instead invest in improving the current and potential bike routes in the City, creating less hassle for all riders. (g) Poul Hertel, 1217 Michigan Court, spoke about the cost benefit of instituting the Capitol BIkeShare program in the City of Alexandria and gave Council a cost benefit analysis of the program. Mr. Hertel requested that COG explore the program further before instituting the program. (h) John Gosling, 208 South Fayette Street, presented Council with the results of a member survey from Old Town Civic Association (OTCA) and noted that there were numerous concerns expressed by the membership, including the unsettling legal issues that could increase costs, no development of alternative plans, too much ambition in the plan creating negative impacts for the commercial development and cannibalization of the existing businesses, the unpopularity of the Waterfront Park building in the community and the lack of the featuring of the historical/cultural amenities and funding mechanisms. Mr. Gosling invited Council to join OTCA in a workshop to develop an alternative planning concept that would give the community ownership of the plan. Mayor Euille read two letters from students from George Mason Elementary School. The letters were from Kendall Rayome and Ben Januez. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-4) Planning Commission 3. SPECIAL USE PERMIT #2010-0088 101 NORTH UNION STREET #101 RESTAURANT Public Hearing and Consideration of a request to operate a restaurant; zoned KR/King Street Retail. Applicant: Blue Zen VA, Inc., represented by Hanh Tran PLANNING COMMISSION ACTION: Recommend Approval 7-0 4. SPECIAL USE PERMIT #2010-0089 444 SWANN AVENUE (Parcel Address: 420 Swann Avenue) AUTOMOBILE REPAIR FACILITY Public Hearing and Consideration of a request to operate a general automobile repair facility; zoned I/Industrial. Applicant: Mehrah Noorizadeh PLANNING COMMISSION ACTION: Recommend Approval 7-0 END OF ACTION CONSENT CALENDAR City Council approved the consent calendar, with the exception of docket item number 3, which was considered under separate motion. The approval was as follows: 3. City Council approved the Planning Commission recommendation. (separate motion) 4. City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER None. REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 5. TEXT AMENDMENT #2011-0004 Public Hearing and Consideration of an amendment to Section 6-300 the Zoning Ordinance regarding floodplain regulations. Staff: Department of Transportation and Environmental Services PLANNING COMMISSION ACTION: Recommend Approval 7-0 City Council closed the public hearing and approved the Planning Commission recommendation. Council Action:_________________________________________________________ 6. DEVELOPMENT SPECIAL USE PERMIT #2010-0004 3100 JEFFERSON DAVIS HIGHWAY MARINO'S RESTAURANT ADDITION Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications, for an addition to an existing building for a new restaurant; zoned CSL/Commercial Service Low. Applicant: Ather Subzwari PLANNING COMMISSION ACTION: Recommend Approval 6-1 City Council closed the public hearing and approved the Planning Commission recommendation. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 7. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Establish the Real Estate and Personal Property Tax Rates for Calendar Year 2011. City Council: (1) introduced the ordinance and passed it on first reading after establishing the tax rates to be advertised for residential and commercial real property and personal property; and (2) scheduled the ordinance for public hearing on Saturday, April 16, and second reading and final passage on Monday, May 2. The maximum rates authorized by City Council in the ordinance reflect: 1) A base real estate tax rate on residential, commercial and industrial property for calendar year 2011 of $1.00 per one hundred dollars of assessed valuation; 2) An add-on real estate tax rate on non-residential commercial and industrial property for calendar year 2011 to be dedicated for transportation purposes of $0.125 cents per one hundred dollars of valuation; 3) Assumed in this proposed amount is the continued dedication of 0.3% of real estate tax revenues for the Open Space Trust Fund Account to pay debt service costs on prior year borrowing for open space properties, the continued dedication of 0.6 cents for affordable housing, and the continued dedication of 0.5 cents for a stormwater infrastructure trust fund account; 4) A personal property tax rate on vehicles and business tangible property for calendar year 2011 of $4.75 per one hundred dollars of valuation; and 5) Tax rates on other classes of personal property are not proposed to change for calendar year 2011. Council Action:_________________________________________________________ 8. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Codify the Tier 1 Potomac Yard Metrorail Station Special Services District as a Separate Classification For Real Estate Tax Purposes and to Establish the Tax Rate for Calendar Year 2011. City Council approved the ordinance on first reading and scheduled the public hearing for April 16, 2011 and second reading and final passage on May 2, 2011. Council Action:_________________________________________________________ 9. Public Hearing, Second Reading and Final Passage of an Ordinance Authorizing the Issuance of General Obligation Bonds to Finance Various City and School Capital Improvement Projects. (#8, 3/08/11) City Council closed the public hearing and adopted an ordinance authorizing the issuance of general obligation bonds to finance various City and School Capital Improvement Projects. (ORD. NO. 4707) Council Action:_________________________________________________________ 10. Public Hearing, Second Reading and Final Passage of an Ordinance authorizing the tenant of the property located at 1125 Queen Street in the City of Alexandria, Virginia to construct and maintain an encroachment for outdoor restaurant seating at that location. (#9, 3/08/11) City Council closed the public hearing and adopted an ordinance authorizing the tenant of the property located at 1125 Queen Street in the City of Alexandria, Virginia to construct and maintain an encroachment for outdoor restaurant seating at that location. (ORD. NO. 4708) Council Action:_________________________________________________________ 11. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend Section 5-602 (Coordinated Development Districts Created, Consistent With Master Plan, Required Approvals) to Article IV (Mixed Use Zones) of the City of Alexandria Zoning Ordinance, in accordance with the text amendment heretofore approved by City Council as Text Amendment No. 2010-0004. (#10, 3/08/11) City Council closed the public hearing and adopted an ordinance to amend Section 5-602 (Coordinated Development Districts Created, Consistent with Master Plan, Required Approvals) to Article IV (Mixed Use Zones) of the City of Alexandria Zoning Ordinance, in accordance with the text amendment heretofore approved by City Council as Text Amendment No. 2010-0004. (ORD. NO. 4709) Council Action:_________________________________________________________ 12. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend and Reordain the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by City Council to the Potomac Yard/Potomac Greens Small Area Plan Chapter of such master plan as Master Plan Amendment No. 2010-0004 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment. (#11, 3/08/11) City Council closed the public hearing and adopted an ordinance to amend and reordain the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by City Council to the Potomac Yard/Potomac Greens Small Area Plan Chapter of such master plan as Master Plan Amendment No. 2010-0004 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment. (ORD. NO. 4710) Council Action:_________________________________________________________ 13. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend Section 11-1103 (Standards for Variances) to Division C (Board of Zoning Appeals), Article XI (Development Approvals and Procedures), of the City of Alexandria Zoning Ordinance, to revise the standard for granting a variance in accordance with the text amendment heretofore approved by City Council as Text Amendment No. 2011-0001. (#12, 3/08/11) City Council closed the public hearing and adopted an ordinance to amend Section 11-1103 (Standards for Variances) to Division C (Board of Zoning Appeals), Article XI (Development Approvals and Procedures), of the City of Alexandria Zoning Ordinance, to revise the standard for granting a variance in accordance with the text amendment heretofore approved by City Council as Text Amendment No. 2011-0001. (ORD. NO. 4711) Council Action:_________________________________________________________ 14. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend Section 2-100 (Definitions) of Article II (Definitions), Section 4-1400 (NR/Neighborhood Retail Zone (Arlandria) of Article IV (Commercial Office and Industrial Zones), and Section 6-600 (Mt. Vernon Avenue Urban Overlay Zone) of Article IV (Special and Overlay Zones), all of the City of Alexandria Zoning Ordinance, to clarify that check cashing, payday loan and pawnshop businesses are not permitted in the Neighborhood Retail (Arlandria) and the Mount Vernon Urban Overlay Zones and to add title loan companies to the list of prohibited uses in accordance with the text amendment heretofore approved by City Council as Text Amendment No. 2011-0003. (#13, 3/08/11) City Council closed the public hearing and adopted an ordinance to amend Section 2-100 (Definitions) of Article II (Definitions), Section 4-1400 (NR/Neighborhood Retail Zone [Arlandria]) of Article IV (Commercial Office and Industrial Zones), and Section 6-600 (Mt. Vernon Avenue Urban Overlay Zone) of Article IV (Special and Overlay Zones), all of the City of Alexandria Zoning Ordinance, to clarify that check cashing, payday loan and pawnshop businesses are not permitted in the Neighborhood Retail (Arlandria) and the Mount Vernon Urban Overlay Zones and to add title loan companies to the list of prohibited uses in accordance with the text amendment heretofore approved by City Council as Text Amendment No. 2011-0003. (ORD. NO. 4712) Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) DEFERRAL/WITHDRAWAL CONSENT CALENDAR Planning Commission (continued) 15. SPECIAL USE PERMIT #2010-0087 4740 EISENHOWER AVENUE DOG DAYS OF OLD TOWN Public Hearing and Consideration of a request to operate a dog day care facility with overnight boarding and a request for a parking reduction; zoned OCM-100/Office Commercial Medium (100). Applicant: Kathryn Rollins PLANNING COMMISSION ACTION: Deferred END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR Council noted the deferral. Council Action:_________________________________________________________ ***Councilwoman Hughes announced that she has began a new position as the Associate Director of the Delaware Biotechnology Institute. Councilwoman Hughes assured the community that she will remain a member of the Alexandria City Council and will serve her complete term. *** EXECUTIVE SESSION 16. Consideration of a Closed Meeting For the Purpose of Consulting With Legal Counsel Regarding a Real Estate Acquisition. City Council convened in closed executive session at 12:52 p.m., pursuant to Sections 2.2-3711(A)(3) & (7) of the Code of Virginia, for the purpose of discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body and consultation with legal counsel and briefings by staff members pertaining to actual or probable litigation regarding specific legal matters requiring the provision of legal advice. City Council reconvened the meeting at 2:47 p.m. City Council adopted a resolution pertaining to the Executive Session. (RES. NO. 2440) Council Action:_________________________________________________________