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. Council Action:_________________________________________________________ New Business Item #1: Kirk Kincannon made a presentation on the use of the soccer fields at Windmill Hill Park. 2. Public Discussion Period. (a) Ernie Lehmann, 621 N. St. Asaph Street, thanked the City Council, City Attorney Pessoa and Environmental Division Chief Skrabak and other City staff members and said he wanted to let them know how much he appreciated the vast resources they have used on behalf of the citizens on the single greatest health and environmental threat on the poisons put on the citizens by the Mirant Potomac River Generating Station. Mr. Lehmann said he is speaking on behalf of his family, neighbors and friends who live in Alexandria. (b) Kate Watters, 1186 N. Pitt Street, thanked Council for their service to the City and their leadership on the Mirant issue, especially Vice Mayor Pepper and Councilman Smedberg for their presentations on Thursday at the Air Quality Board meeting. She thanked Mayor Euille and all members of the City administration who defended their health and well being so eloquently before the board. She said many of her friends and neighbors who were not able to be at the meeting on Thursday also thank Council. She said the money the City has spent fighting Mirant has been well spent, and she hoped they could continue to work together to ensure that Mirant cannot pollute their City. (c) Helen Epley, 108 Prince Street, asked those in support with her on the soccer fields at Windmill Hill Park to stand, to which approximately 20 people stood. She thanked Council for its help on the issue of the soccer fields at the park. (d) Alice Maroni, 15 Franklin Street, speaking to the soccer field at Windmill Hill Park, she said they are interested in having the decision in writing. She said she appreciated Council's efforts to keep the kids in Old Town during rush hour. (e) Dan Baum, 203 S. Fairfax Street, speaking to soccer at Windmill Hill Park, asked Council to let them play soccer at their parks. He said he has a group of private organizations that give private lessons, but in reality, it is a matter of tax sophistication as to whether it is for-profit or non-profit, and he hoped it would not be a stumbling block. Mr. Kincannon said in relation to the use of any of the public facilities, if there is a fee charged for the use by an organization that is not a parent or sister group with the City, there is a separate fee to use the facility, and that is by City Council adoption. (f) Bill Campbell, 320 N. Fayette Street, spoke about volunteering and encouraged everyone to volunteer at their local public school, and also for volunteers at Jefferson Houston School, and for people to come to the school to see what they are doing and to volunteer there. Mr. Campbell also spoke about the Parent Leadership Training Institute, and he encouraged everyone to take a look at that, as they have several slots available for the second class to start at the end of the month. (g) Jack Sullivan, 4300 Ivanhoe Street, said he is delighted to have Councilman Wilson on Council. He said he is representing the Seminary Hill Association on its task on Landmark/Van Dorn, and he said he provided a copy of the West End Principles to Council in response to the challenge of the rehabilitation and regeneration of the properties Landmark Mall and properties under consideration on Van Dorn Street south of the shopping center. He said they are in line with the Mayor's Economic Sustainability Workgroup report, which emphasizes that development and redevelopment of non-residential areas should result in substantial economic returns to the City. He applauded Mayor Euille for his leadership in dealing with the issue of Landmark. They also support the actions of the Planning Director to seek modification of the draft Small Area Plan for Landmark/Van Dorn and stand ready to assist her and the staff and Council in moving the process forward as rapidly as possible, and they endorse her idea of a joint city/citizen/owner group to work out a viable new plan by early next year. Mr. Sullivan said the members of their task force are available to meet with Council. He said time is running out and they join with Council and staff to seek to define the future direction for this area. (h) Kristin Dixon, 116 S. Royal Street, said she owns a small store, Why the Rooster Crows, on S. Royal Street and wished to talk about the construction of the hotel around the corner at King Street and Royal Street. She said the scaffolding that has been put up is affecting their businesses. She said they have learned that it is going to be later than what they were told and possibly into the holiday season. She asked if there is anything Council can do to put a sign up that says businesses are still open. Mayor Euille said they will have staff visit with her, and they will work with her and the hotel to make sure hers and other businesses will not be impacted. Councilman Smedberg said there needs to be signage on King Street to direct people to that area. Ms. Dixon noted there is a problem in the morning with trucks parking, and there are very rarely spaces available for their customers. Mayor Euille asked the Transportation staff to look at that, as they have restricted construction parking in other areas of the City. (i) Julie Crenshaw Van Fleet, 26 Wolfe Street, said she has a copy of the Windmill Hill Park Plan and on page 3-4, section 3.3.2, site layout and organization of passive and active spaces, it states that the area to the west contains both active uses - volleyball, basketball and playground, and anything related to other uses other than basketball and volleyball on the playground is ad-hoc. She said it is nice that parents and their children came and spoke to Council, and that Council made a decision, but there is an entire community that was not notified of the decision. She asked what would happen if she wanted to put up a croquet set, but there was a bunch of parents and kids who wanted to practice soccer, and she asked who had precedent. She said she does because she was there to start with. If the soccer players are there hours in advance, they are staking a claim to the field. She said this is a travesty of public process and it was wrong to hear it and decide how they did. She said Council needs to speak to those who live there, and they are not crazy about having a bunch of people take over the park, which is what will happen even though they made this decision. She asked Mr. Kincannon what he has done to take care of some of the problems, and she said he did not call her husband back and did not talk to him. She said they have a problem, and it is not proper public process and Council made a decision that was wrong and they have created other problems, as she would set up a croquet game there, and then she would have a bunch of mad parents. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-14) Planning Commission 3. SPECIAL USE PERMIT #2007-0040 4401 WEST BRADDOCK ROAD FT. WARD PARK - FIELD LIGHTING Public Hearing and Consideration of a request to install new lighting at an existing athletic field; zoned POS/Public Open Space and Community Recreation. Applicant: Department of Recreation, Parks and Cultural Activities PLANNING COMMISSION ACTION: Recommend Approval 6-0 4. SPECIAL USE PERMIT #2007-0052 4525 DUKE STREET (Parcel Address: 4513 Duke Street) MASSAGE ENVY CLINIC Public Hearing and Consideration of a request to operate a massage therapy establishment; zoned CG/Commercial General. Applicant: Massage Envy Clinic by Danette Mertz PLANNING COMMISSION ACTION: Recommend Approval 6-0 5. SPECIAL USE PERMIT #2007-0053 1755 DUKE STREET (Parcel Address: 1904 Diagonal Road) CITY DOCK CAFE Public Hearing and Consideration of a request to operate a restaurant; zoned OCH/Office Commercial High. Applicant: City Dock Cafe-King IV, LLC by Duncan Blair, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 6. SPECIAL USE PERMIT #2007-0054 4926-A EISENHOWER AVENUE BELLA VISTA GRILL Public Hearing and Consideration of a request to operate a restaurant; zoned OCM (100)/Office Commercial Medium. Applicant: Mercedes Garcia and Jesus Martinez PLANNING COMMISSION ACTION: Recommend Approval 6-0 7. SPECIAL USE PERMIT #2007-0056 2461 EISENHOWER AVENUE (Unit Address: 240 Swamp Fox Road) CALIFORNIA TORTILLA Public Hearing and Consideration of a request to operate a restaurant; zoned CDD#2/Coordinated Development District. Applicant: Caltor-Hoffman d/b/a California Tortilla PLANNING COMMISSION ACTION: Recommend Approval 6-0 8. SPECIAL USE PERMIT #2007-0058 300 & 312 MONTGOMERY STREET, 805, 807, 809, 815 N ROYAL STREET, 806 & 816 N FAIRFAX STREET UMBRELLA SUP AMENDMENT Public Hearing and Consideration of a request for an amendment to an umbrella SUP to increase the allowable square footage for retail and commercial school in exchange for a reduction in the allowable square footage for office and personal services; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Bruce Machanic PLANNING COMMISSION ACTION: Recommend Approval 6-0 9. SPECIAL USE PERMIT #2007-0061 1705 CENTRE PLAZA - UNIT 2 3 BEANS COFFEE HOUSE AND CAFE Public Hearing and Consideration of a request to operate a restaurant; zoned CG/Commercial General. Applicant: Jeremy Barber & Brandon Silver PLANNING COMMISSION ACTION: Recommend Approval 6-0 10. SPECIAL USE PERMIT #2007-0067 3050 DUKE STREET DUNKIN DONUTS/BASKIN ROBBINS Public Hearing and Consideration of a request for an amendment to allow outdoor seating at a restaurant; zoned CG/Commercial General. Applicant: JBAR, INC., by Jerome Johnson PLANNING COMMISSION ACTION: Recommend Approval 6-0 11. SPECIAL USE PERMIT #2007-0070 4940 B EISENHOWER AVENUE (Parcel Address: 4928 Eisenhower Avenue) CATERING OPERATION Public Hearing and Consideration of a request to operate a catering business; zoned OCM-100/Office Commercial Medium. Applicant: Barrett, Ltd., by Duncan Blair, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 12. DEVELOPMENT SPECIAL USE PERMIT #2007-0021 3737 SEMINARY ROAD VIRGINIA THEOLOGICAL SEMINARY Public Hearing and Consideration of a request for a time extension of a previously approved development special use permit, with site plan to construct faculty housing; zoned R-20/Residential. Applicant: The Protestant Episcopal Theological Seminary in Virginia, Inc., by Duncan Blair, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 13. SPECIAL USE PERMIT #2007-0062 525 NORTH FAYETTE STREET STARBUCKS COFFEE Public Hearing and Consideration of a request to operate a restaurant; zoned CRMU-H/Commercial Residential Mixed Use High. Applicant: Diamond Commercial, LLC by Harry P. Hart, attorney PLANNING COMMISSION ACTION: Recommend Approval 7-0 14. SPECIAL USE PERMIT #2007-0069 3901 MOUNT VERNON AVENUE RESTAURANT AMENDMENT Public Hearing and Consideration of a request for an amendment to extend the hours of operation at a restaurant; zoned NR/Neighborhood Retail. Applicant: OAVAR's Inc., by Oswaldo A. Salinas PLANNING COMMISSION ACTION: Recommend Approval 7-0 END OF ACTION CONSENT CALENDAR City Council adopted the consent calendar, with the removal of items #4, 7 and 14, and noted the withdrawal of item #6, as follows: 3. City Council approved the Planning Commission recommendation. 4. City Council approved the Planning Commission recommendation. (separate motion) 5. City Council approved the Planning Commission recommendation. 6. This item was withdrawn by the applicant. 7. City Council approved the Planning Commission recommendation, with an amendment to change condition #2 so the latest closing hour is 1:30 a.m. (separate motion) 8. City Council approved the Planning Commission recommendation. 9. City Council approved the Planning Commission recommendation. 10. City Council approved the Planning Commission recommendation. 11. City Council approved the Planning Commission recommendation. 12. City Council approved the Planning Commission recommendation. 13. City Council approved the Planning Commission recommendation. 14. City Council approved the Planning Commission recommendation, with an amendment to condition #5 and 25, an amendment that the Police Department and Planning Director be given, after a one year review, the opportunity to extend the hours to bring them in line with the other retail in the area, provided that both the Police and Planning Director are comfortable with it, with an additional condition that prior to any administrative action, the applicant shall schedule meetings with the surrounding residential neighborhoods once every two months for the first six months of operations and then regularly as needed and/or requested by the neighborhood or applicant thereafter to identify or address any neighborhood impact issues added by Planning and Zoning. (separate motion) Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 15. Public Hearing to Consider the Recommendation of the Naming Committee to Name the City Baseball Field at Four Mile Run Park in Honor of the Late Former Mayor Frank E. Mann. (#28, 6/26/07) City Council approved the naming of the City baseball field at Four Mile Run Park in honor of the late former Mayor Frank E. Mann. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 16. SPECIAL USE PERMIT #2007-0055 480 KING STREET HOTEL MONACO - VALET PARKING Public Hearing and Consideration of a request to operate valet parking for a hotel; zoned CD/Commercial Downtown. Applicant: CLPF King Street Venture, LP by M. Catherine Puskar, attorney. PLANNING COMMISSION ACTION: Recommend Approval 7-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 17. SPECIAL USE PERMIT #2007-0063 105, 107 & 109 KING STREET FISH MARKET RESTAURANT - AMENDMENT Public Hearing and Consideration of request for an amendment to increase the seating at a restaurant; zoned CD/Commercial Downtown. Applicant: Old Town Food Service Corporation by Glenda Giovannoni PLANNING COMMISSION ACTION: Recommend Approval 7-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 18. DEVELOPMENT SPECIAL USE PERMIT #2007-0023 2300, 2301, 2600, 2601 MAIN STREET POTOMAC YARD Public Hearing and Consideration of a request for an amendment to allow information and sales trailers and a request for an amendment to permit additional roof decks and garage decks in Landbay H and partial Landbay I, and to revise condition #1e regarding pedestrian crossings; zoned CDD-10/Coordinated Development District. Applicant: Potomac Yard Development, LLC by M. Catharine Puskar PLANNING COMMISSION ACTION: Recommend Approval 7-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ 19. ENCROACHMENT #2007-0005 923 KING STREET Public Hearing and Consideration of a request for an encroachment into the public right-of-way for the installation of a brick veneer wall; zoned KR/King Street Retail Overlay. Applicant: Allan Ramazon by Ray Lewis PLANNING COMMISSION ACTION: Recommend Approval 7-0 City Council approved the Planning Commission recommendation. Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Board of Architectural Review 20. Public Hearing and Consideration of an Appeal of the Board of Architectural Review's decision denying a request for approval of demolition/encapsulation for Case BAR2007-0085, at 210 King Street, zoned KR Retail. APPLICANT AND APPELLANT: Michael W. Zarlenga City Council upheld the decision of the Board of Architectural Review. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 21. Public Hearing, Second Reading and Final Passage of an Ordinance to Provide That the City Give Certain Notices to Taxpayers By Certified Mail, Rather Than By Registered Mail. (#21, 9/11/07) [ROLL-CALL VOTE] City Council passed the ordinance to provide that the City give certain notices to taxpayers by certified mail, rather than by registered mail. (ORD. NO. 4497) Council Action:_________________________________________________________ 22. Public Hearing, Second Reading and Final Passage of an Ordinance to Repeal the Sunset Provision For the Affordable Homeownership Preservation Program. (#22, 9/11/07) [ROLL-CALL VOTE] City Council passed the amended ordinance to repeal the sunset provision for the affordable homeownership preservation program. (ORD. NO. 4498) Council Action:_________________________________________________________ REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) DEFERRAL/WITHDRAWAL CONSENT CALENDAR Planning Commission (continued) None. END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR Council Action:_________________________________________________________ New Business Item No. 2: Executive Session. At 1:30 p.m., City Council convened in Executive Session, pursuant to Section 2.2-3711(A)(3) and (A)(29) of the Code of Virginia, for the purpose of discussing the acquisition and disposition of property for public housing and other purposes, and the award of a public contract for the development of public housing. At 2:56 p.m., City Council reconvened the meeting. City Council moved to authorize the City Manager and City Attorney to proceed with respect to the public housing project and public contract as discussed with the City Council. City Council adopted the resolution pertaining to the Executive Session. (RES. NO. 2244) Council Action:_________________________________________________________ * * * * * * The meeting adjourned at 2:57 p.m. Note: The action docket is a summary of Council's meeting deliberations prepared largely for staff follow-up. Formal minutes of the meeting, when approved by Council become the official record of the meeting and of Council decisions made at the meeting.