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Public Hearing Meeting
Saturday, September 18, 1993 - - 9:30 am

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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, Lonnie C. Rich and David G. Speck.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mrs. Godwin, Acting Director of Management and Budget; Mr. Schott, Director of General Services; Fire Chief Hawkins; Mr. Bell, City Engineer; Chief Fire Marshal Conner; Ms. Ross, Deputy Director of Planning and Community Development; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. McAndrews, Assistant City Attorney; Mr. Skrabak, Manager of Environmental Quality; Mr. Cox, Urban Planner, Planning and Community Development; and Lieutenant Robbins, Police Department.

Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.



At 8:30 a.m., there was a ground-breaking ceremony at the Charles Barrett Recreation Center.

OPENING

The meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.

(a) Stephanie Atkins, 7 W. Rosemont Avenue, requested that the residents of the Rosemont neighborhood be allowed to obtain parking permits for child care employees. Currently there is no parking lot or other parking provision in the Rosemont neighborhood for those without driveways. There is not a lack of street parking available to the residents.

Mayor Ticer stated that this would be referred to staff to get some kind of recommendation on it.

(b) Dan Geller, 5904 Mt. Eagle Drive, #618, spoke to Council's action Tuesday night after the executive session with respect to voting to join Mr. Foster's and Mr. and Mrs. Oliver's appeal of Geller v. BZA to the Virginia Supreme Court. He requested the City Council to reconsider this decision.

(c) Cyril D. Calley, 307 N. Washington Street, referred to a letter written to Council that relates to a use at the corner of Duke and Payne Streets which is A&S Auto Sales. He indicated that they received a notice in July of this year that they needed to renew if they wished to stay there and extend their permit. A special use application was filed. Two weeks later they received a notice that under the new Code which changed the
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zoning on the property in 1992, staff did not believe that they could process this extension request. He thought, at least in his opinion, when City Council went through the nonconforming and noncomplying aspects of the new Code and when the issues were discussed pertaining to those people in business who would be affected by the changed Code, he indicated that he did not think it was Council's intention to put anybody out of business. He suggested that Council refer to staff consideration of a text amendment for use permits to allow the nonconforming and noncomplying situations to be extended and come back to Council at the appropriate time. He further requested that in the interim while the text amendment is being processed that A&S Auto Sales not be closed down.

It was the consensus of Council to request staff to prepare a text amendment so that relief can be provided in situations as described by Mr. Calley, those who have had a special use permit with a time limit and permit them to come back to City Council for the opportunity for considering whether or not Council wants to extend the use.

Members of City Council and Mr. Lynn, Director of Planning and Community Development, participated in the discussion of this item.

(d) Keith Carney, 366 N. St. Asaph Street, spoke about a problem that exists which is a breakdown in the special use permit process. He indicated that there is no process. He indicated that the small area plans are to be implemented by the City government and used as guidelines for the Planning Commission and the City Council. He stated that the Planning Commission and the City Council have thrown out all of the rules. He indicated that in his estimation that Council has failed at setting up any controlling plan or policy. He stated that no business, new or existing, has a level playing field in which to open and operate. He stated that no citizen has any rules under which to object to or even agree with a business' actions. He indicated that this City has allowed businesses in violation of the intent of an existing small area plan to open. He stated that he is calling to Council's attention what he believes and what he perceives the business community believes, that a serious breakdown in a system of management is taking place. He indicated that he has spoken with leaders in the business community and the residents and both are willing to work constructively together in creating a level playing field. He requested that the Planning Commission and City Council work with them and state the policies clearly and stand by them.

Members of City Council participated in the discussion. At the September 28 Council meeting, there will be a docket item, as well as a work session prior to the meeting, to look at some recommendations on new guidelines that will be palatable to the community, residents and businesses, as well as Council.

(e) John Chapman Gager, representing Old Town Yacht Basin and Friends of Homeless Animals, spoke during this period.

At this point, Council considered the Action Consent Calendar and will return to Docket Item No. 3 when Ms. Scott arrives.







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR *4 - 24
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item Nos. 4, 14, 16, 22, and 23 from the Action Consent Calendar and considered them under separate motions, and added Docket Item Nos. 30 and 36 to the Consent Calendar. (Docket Item No. 31 was considered with Docket Item No. 16.)

5. SUP #2079-B - Public Hearing and Consideration of a request for a Special Use Permit to add outdoor seating to the existing restaurant located at 247 South Van Dorn Street, within the Van Dorn Plaza Shopping Center; zoned CG, Commercial General. Applicant: Robert D. Dama; Yogurt, Ice Cream & Churros, Inc.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/18/93, and is incorporated herewith as part of this record by reference.)

6. SUP #2352-A - Public Hearing and Consideration of a request for a one-year extension to Special Use Permit #2352 for construction of the North Royal Street Plaza development, a 79,658-square-foot office project located at 1103-1109 North Royal Street and 309-321 Second Street. The property is zoned CDX, Commercial Downtown. Applicant: First American Metro, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 9/18/93, and is incorporated herewith as part of this record by reference.)

7. SUP #2589-A - Public Hearing and Consideration of a request for an amendment to Special Use Permit #2589 for Parcel A, Phase II of the residential project known as "Stonegate," to include 48 townhouse units, located at 4601 West Braddock Road. The amended special use permit would increase the size of the units and would allow more than eight townhouses in a single row. The applicant is requesting modifications and waivers to the zoning requirements. The property is zoned RC, Residential with proffers. Applicant: Pulte Home Corporation, by Duncan Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 9/18/93, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Quill dated September 17, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 9/18/93, and is incorporated herewith as part of this record by reference.)







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8. SUP #2695 - Public Hearing and Consideration of a request for a Special Use Permit to expand and intensify a noncomplying use (automobile repair garage) to include automobile sales located at 3600 Jefferson Davis Highway; zoned CDD, Coordinated Development District. Applicant: Bijan's Auto Sales, by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/18/93, and is incorporated herewith as part of this record by reference.)

9. SUP #2456-F - Public Hearing and Consideration of a request for a Special Use Permit to expand a noncomplying use (automobile repair, body and paint garage) located at 3700 Jefferson Davis Highway; zoned CDD, Coordinated Development District. Applicant: Bijan's Car City, Inc., by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/18/93, and is incorporated herewith as part of this record by reference.)

10. ENCROACHMENT #93-005 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for restaurant seating and lighting located at 811-815 South Washington Street; zoned CRMU-L, Commercial Residential Mixed Use, Low. Applicant: Washington Street Food Company, Inc.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/18/93, and is incorported herewith as part of this record by reference.)

11. TA #93-023 - Public Hearing and Consideration of an amendment to Article XI (Development Approvals and Procedures), Section 11-506 (Special Use Permits - Duration of a Valid Permit) of the Zoning Ordinance of the City of Alexandria, Virginia, to extend the time period of validity for special use permit approvals involving construction to be consistent with the time periods for validity of site plan approvals. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/18/93, and is incorporated herewith as part of this record by reference.)

12. TA #93-025 - Public Hearing and Consideration of an amendment to Section 4-702 (CR/Commercial Regional Zone Permitted Uses) of the Zoning Ordinance of the City of Alexandria, Virginia, to allow commercial schools in the CR Zone as a permitted use. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/18/93, and is incorporated herewith as part of this record by reference.)


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13. SUP #2582-A - Public Hearing and Consideration of a request for a Special Use Permit to amend a special use permit condition concerning parking vehicles for the automobile sales business located at 2514 Jefferson Davis Highway; zoned I, Industrial. Applicant: Alexandria Toyota, Inc., by John E. Taylor, Jr.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/18/93, and is incorporated herewith as part of this record by reference.)

15. SUP #398-A - Public Hearing and Consideration of a request for a Special Use Permit to install a temporary trailer for office use for 5601 Courtney Avenue; zoned I, Industrial.
Applicant: Newton Asphalt Company, Inc., of Virginia, by Kevin J. Griffin.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/18/93, and is incorporated herewith as part of this record by reference.)

17. SUP #2704 - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing delicatessen-style carry-out restaurant within the existing convenience store located at 1606 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Chon Chang-Wook.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/18/93, and is incorporated herewith as part of this record by reference.)

18. SUP #2715 - Public Hearing and Consideration of a request for a Special Use Permit to operate a vehicle towing service and impoundment lot located at 3203 Colvin Street; zoned Industrial Applicant: Henry's Wrecker Service, Inc., by Richard A. Quinn.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/18/93, and is incorporated herewith as part of this record by reference.)

19. SUP #2720 - Public Hearing and Consideration of a request for a Special Use Permit to construct a drive-through facility for a noncomplying use (bank) located at 306 East Monroe Avenue; zoned CL, Commercial Low. Applicant: Burke and Herbert Bank and Trust Company, by William C. Thomas, Jr., attorney.
(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/18/93, and is incorporated herewith as part of this record by reference.)







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20. SUP #2721 - Public Hearing and Consideration of a request for a Special Use Permit to operate a commercial school for dance and for a reduction in the off-street parking for the school located at 2107 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Martha Ann Romoser.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/18/93, and is incorporated herewith as part of this record by reference.)

21. VACATION #93-005 - Public Hearing and Consideration of a request for a vacation of the public street right-of-way of the 600-700 blocks of North Armistead Street; zoned RT, Residential Townhouse. Applicant: Beauregard Heights Council of Co-owners, by Lee Ann Elliott, and appointment of viewers for same.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/18/93, and is incorporated herewith as part of this record by reference.)

24. VACATION #93-004 - Public Hearing and Consideration of a request for vacation of the public street right-of-way located between Slater's Lane and Powhatan Street for future development; zoned CSL, Commercial Service Low. Applicant: Henry Street Corporation, c/o Sequoia Investments, Inc., by Cyril D. Calley, attorney, and appointment of viewers for same.

COMMISSION ACTION: Recommend Approval 5-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 9/18/93, and is incorporated herewith as part of this record by reference.)

30. SUP #2482-A - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing restaurant (coffee house) located at 102-106 South Patrick Street; zoned CD, Commercial Downtown. Applicant: Michael Elmendorf.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 9/18/93, and is incorporated herewith as part of this record by reference.)

36. SUP #2719 - Public Hearing and Consideration of a request for a Special Use Permit to operate a noncomplying use (full-service and carry-out restaurant providing music) located at 2700 Jefferson Davis Highway; zoned I, Industrial. Applicant: Qasim Abbasi, t/a Kabul Cafe, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 9/18/93, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR





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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Action Consent Calendar with the exception of Item Nos. 4, 14, 16, 22, and 23, which were considered under separate motions, and added Item Nos. 30 and 36. The Planning Commission recommendations are as follows:

5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

6. City Council approved the recommendation of the Planning Commission and approved Special Use Permit #2352-A subject to all codes and ordinances and the staff recommendations.

7. City Council approved the recommendation of the Planning Commission and approved the Special Use Permit #2589-A amendment subject to compliance with all codes and ordinances and the staff recommendations, noting that the site plan cannot become effective until TA-#93-016 is finally adopted, allowing more than eight dwelling units in a row.

8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

11. City Council approved the recommendation of the Planning Commission and approved the text amendment, modified to provide that the period of validity for all special use permits shall be eighteen months, with no distinction between SUPs that involve construction and those that do not.

12. City Council approved the recommendation of the Planning Commission and approved the text amendment.

13. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

15. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #4.

17. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

18. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.







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19. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #2 and added Condition #4.

20. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

21. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added conditions #4, #5, #6, and #7; and authorized the Mayor to appoint Viewers. The Mayor subsequently appointed Jean Caldwell, Edward Bell and Carolyn Merck, as Viewers. Ms. Merck was appointed Chair.

24. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations; and authorized the Mayor to appoint Viewers. The Mayor subsequently appointed Marilyn Doherty, Amoret Bunn, and Robert O. Butler as Viewers. Ms. Bunn was appointed Chair.

30. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

36. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

END OF ACTION CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

4. TA #93-016 - Public Hearing and Consideration of an amendment to Section 2-138 (Definitions) and the adoption of a new section 7-1600 (Supplemental Regulations) of the Zoning Ordinance of the City of Alexandria, Virginia, which together would allow more than eight (8) townhouses in a single structure when approved with a special use permit. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/18/93, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Blair dated September 15, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 9/18/93, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Bairley dated August 31, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 4; 9/18/93, and is incorporated herewith as part of this record by reference.)



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WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the text amendment as modified by the Planning Commission, by changing it to read..... "provided that the .......structure may not exceed 212 feet......." The voting was as follows:

Donley "aye" Jackson out of room
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

14. SUP #300-C - Public Hearing and Consideration of a request for a Special Use Permit to install temporary trailers for classroom use for the Northern Virginia Juvenile Detention Center located at 200 South Whiting Street; zoned RCX, Residential. Applicant: Northern Virginia Juvenile Commission, by Mike Rohleder.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/18/93, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's letter dated September 13, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 9/18/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended the report by placing the word "temporary" before any word which referenced trailer and added "with reference to the letter dated September 13, 1993, from Harry P. Hart, replacing the two trailers for one." The voting was as follows:

Cleveland "aye" Donley "aye"
Pepper "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"







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At this point, City Council considered Docket Item Nos. 16 and 31 together.

16. SUP #2668-A - Public Hearing and Consideration of a review of a Special Use Permit for the existing public parking lot located at 300 North Lee Street; zoned CD, commercial Downtown. Applicant: MetroPark, Inc., by Robert E. Morrison.
COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/18/93, and is incorporated herewith as part of this record by reference.)

31. SUP #2667-A - Public Hearing and Consideration of a review of a Special Use Permit for the existing public parking lot located at 333 North Fairfax Street; zoned CD, Commercial Downtown. Applicant: MetroPark, Inc., by Robert E. Morrison.
COMMISSION ACTION: Recommend Approval 6-1.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 9/18/93, and is incorporated herewith as part of this record by reference.)

16. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and included Condition #11 that the special use permit shall be reviewed in one year from the date of approval by City Council. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

31. THEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #10 to read: "10. That limitations to access to the North Lee Street entrance after 11:00 p.m. shall be worked out to the satisfaction of the Fire Marshal", and Council added a Condition #11 that the special use permit shall be reviewed in one year from the date of approval by City Council. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"







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22. SUP #2384-B - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing homeless shelter to allow a non-resident daytime program located at 800-802 North Henry Street, known as the Carpenter's Shelter; zoned CRMU-H, Commercial Residential Mixed Use, High. Applicant: Carpenter's Shelter, Inc., by Kevin E. Heanue.

COMMISSION ACTION: Recommend Approval 5-0.

(A copy of the Planning Commission report dated July 6, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/18/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Councilman Speck and Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and accepted the modified Condition #8 as stated by staff. The voting was as follows:

Rich "aye" Ticer "aye"
Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Pepper "aye"

23 . SUP #2696 - Public Hearing and Consideration of a request for a Special Use Permit to construct a residential cluster development involving 35 townhouse units. The subject property is known as the "Powhatan Gateway" site and is located between North Henry Street, Slater's Lane and Powhatan Street. The property is zoned CSL, Commercial Service Low. Applicant: Henry Street Corporation, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 5-0.

(A copy of the Planning Commission report dated July 6, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 9/18/93, and is incorporated herewith as part of this record by reference.

A copy of a letter from Ms. Nelson is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 9/18/93, and is incorporated herewith as part of this record by reference.)


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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved SUP 2696, subject to all applicable codes and ordinances and with the staff recommendations, with the addition of R-37 that the fence will be constructed without any gates and request that the occupants don't reverse that. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

At this point, Council returned to Docket Item No. 3.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
3. Presentation of Proclamation Honoring the Late Lonore Van Swearingen for Her Contributions to the City. (Councilwoman Pepper)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 9/18/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

New Business Item 1: Mayor Ticer announced that on Wednesday, September 22, 1993, at 7:30 p.m., in the Council Workroom, there will be a work session concerning an overview of what's required if you are looking at the possibility of establishing a convention center in the City. David Peterson who has a breadth of knowledge on this subject matter will be in town and has offered his service to come to give Council a very general idea of what the benefits are, the costs and the risks. The work session will be taped since there is a possibility that Vice Mayor Cleveland and Councilwoman Pepper will not be able to attend.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

25. Public Hearing and Consideration of Draft Plan of the Metropolitan Washington Air Quality Committee for Emissions Reduction as Required by the 1990 Clean Air Act. (Councilwoman Pepper)

(A copy of the City Manager's memorandum dated September 15, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 9/18/93, and is incorporated herewith as part of this record by reference.



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A copy of a letter received from Ms. Crenshaw is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 9/18/93, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council (1) received a short briefing from staff on the plan and the results of the September 17 MWAQC meeting; (2) received comments from the public who testified on the Draft 15% Emissions Reduction Plan; (3) received the comments on the plan from the Environmental Policy Commission on the plan; and (4) deferred Council action on the plan to the September 28 Council meeting.

REPORTS OF BOARDS, COMMISSIONS, AND COMMITTEES (continued)

Board of Architectural Review

26. BAR-93-103 - Public Hearing on and Consideration of an Appeal of a Decision of the Board of Architectural Review, Old and Historic Alexandria District, Denying a Request for Approval of a Certificate of Appropriateness for Approval of Bay Windows to be Installed at 1415 King Street; applicant: Homestar Industries.

BOARD ACTION: Recommend Denial 6-0



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(A copy of the Board of Architectural Review Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 9/18/93, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated August 3, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 9/18/93, and is incorporated herewith as part of this record by reference.

Copies of the sketches presented by Mr. Luckett are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 26; 9/18/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council denied the appeal. The voting was as follows:

Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer out of room Pepper "aye"
Rich "aye"

27. SUP #1620-C - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing restaurant into the adjacent building located at 206 Queen Street; zoned CD, Commercial Downtown. Applicant: Bilbo Baggins, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 6-1.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 9/18/93, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's letter dated September 16, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 9/18/93, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 27; 9/18/93, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Vice Mayor Cleveland and Councilman Donley and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and Condition #11 and City Council amended Condition #6 to read as follows: "6. Either fifteen (15) parking spaces be provided directly across the street as set out in the agreement attached to this application; or if they are not made available, then the fifteen (15) off-street parking spaces, or fifteen (15) full parking validations for use at a lot or garage within a two block radius of the restaurant shall be made available each evening. The applicant must make known the availability of any such parking." The voting was as follows:

Speck "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Rich "no"

28. SECTION 9.06- -#93-002 - Public Hearing and Consideration of amendments to the Office of Housing's "Blighting Influences Program" for Potomac East and Potomac West including recommendations pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria, Virginia, and the possible acquisition and subsequent resale of the following properties:
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 9/18/93, and is incorporated herewith as part of this record by reference.

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A copy of the City Manager's memorandum dated September 16, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 9/28/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Councilman Donley and Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, as amended, subject to compliance with all applicable codes, ordinances and staff recommendations. City Council amended the recommendation and (1) removed the following property from the list of properties proposed for addition to the List of Blighting Influences. This property is located in the Potomac West Neighborhood Strategy Area (NSA): 539 East Nelson Avenue; and (2) added the following two properties to the list of properties proposed for deletion from the List of Blighting Influences. These properties are located in the Potomac West Neighborhood Strategy Area (NSA): 119 Stewart Avenue (added 9/92) and 10 West Windsor Avenue (added 9/92). [Approved the additions and deletions of the properties listed on page 3 of the memorandum to the currently approved list of blighting influences in the Potomac East Conservation District and the Potomac West Neighborhood Strategy Area (NSA); authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines.] The voting was as follows:

Rich "aye" Ticer "aye"
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Speck "aye"

29. SUP #2375-B - Public Hearing and Consideration of a request for a Special Use Permit to install temporary trailers for classroom use on the Bishop Ireton High School property located at 201 Cambridge Road; zoned R-8, Residential. Applicant: Catholic Diocese of Arlington, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 5-1-1.

(A copy of the Planning Commission report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 9/18/93, and is incorporated herewith as part of this record by reference.)



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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Pepper "aye" Cleveland "aye"
Rich out of room Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"

32. SUP #2711 - Public Hearing and Consideration of a request for a Special Use Permit to relocate outdoor dining seating and construct a playground for the existing restaurant located at 3646 King Street; zoned CG, Commercial General. Applicant: Hardee's Food Systems, Inc. (Roy Rogers), by David S. Houston.
(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 9/18/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added a Condition #13 to read as follows: "13. That access to the playground shall be gained only through the restaurant." The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck out of room

33. SUP #2713 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service restaurant located at 362 South Pickett Street; zoned CG, Commercial General. Applicant: Li Chen.
COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 9/18/93, and is incorporated herewith as part of this record by reference.)






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WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Council Member Rich and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #10 to read as follows: "10. No delivery service shall be permitted from the restaurant." The voting was as follows:

Cleveland "aye" Donley "aye"
Rich "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"

34. SUP #2714 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service and carry-out restaurant (delicatessen and espresso bar) located at 320 King Street; zoned CD, Commercial. Applicant: Mancini's, Inc., by Robert P. Dirmeyer.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 9/18/93, and is incorporated herewith as part of this record by reference.)

At this point, the Mayor relinquished the chair to the Vice Mayor.

WHEREUPON, upon motion by Councilman Jackson, seconded by Mayor Ticer and carried on a vote of 4-to-3, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Conditions #10 and #13. The voting was as follows:

Jackson "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Cleveland "no" Rich "no"
Speck "no"

35. SUP #2717 - Public Hearing and Consideration of a request for a Special Use Permit to operate a fraternal organization located at 2417 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Stepping Stones Club, Inc., by Frank M. McIntrye.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 9/18/93, and is incorporated herewith as part of this record by reference.


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A copy of Mr. Lynn's memorandum dated September 14, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 35; 9/18/93, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 35; 9/18/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council closed the public hearing and deferred the decision until September 28. The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

ORDINANCES AND RESOLUTIONS

37. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Amend the City's Regulations Governing the Towing, by the City, of Abandoned, Inoperable and Illegally Parked Motor Vehicles to Bring the Regulations into Conformity with Recent Amendments to the Virginia Code. (#17 9/14/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated September 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 9/18/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

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WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3656

AN ORDINANCE to repeal Article C (DISPOSITION OF ILLEGALLY PARKED VEHICLES), Article D (DISPOSITION OF ABANDONED VEHICLES) and Article E (INOPERATIVE MOTOR VEHICLES), and to adopt a new Article C (DISPOSITION OF ABANDONED, UNATTENDED AND IMMOBILE MOTOR VEHICLES) and a new Article D (INOPERABLE MOTOR VEHICLES), all of Chapter 8 (PARKING AND TRAFFIC REGULATIONS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article C, Article D and Article E of Chapter 8, Title 5 of The Code of The City of Alexandria, Virginia, 1981, as amended, be and the same hereby are repealed.

Section 2. That Chapter 8, Title 5 of The City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Article C and Article D, to read as follows:
Article C
Disposition of Abandoned, Unattended
and Immobile Motor Vehicles

Sec. 5-8-21 Definitions.

The following terms shall, for purposes of this article, have the meanings set forth below.

(1) "Motor vehicle" or "vehicle" means any motor vehicle, trailer or semitrailer, or any part thereof, as defined in section 46.2-100, Code of Virginia (1950), as amended.

(a) is inoperable and has been left unattended on public property for a period of more than 48 hours; or

(b) has remained illegally on public property for a period of more than 48 hours.

(3) "Inoperable abandoned motor vehicle" means a motor vehicle that is inoperable and whose fair market value, as determined by the director of finance, is less than the cost of its restoration to an operable condition.

(4) "Demolisher" means any person or entity whose business is to convert motor vehicles into processed scrap or scrap metal or otherwise to wreck or dismantle such vehicles.

(5) "Authorized city official" means any of the following persons: the chief of police; any sworn member of the police department; the fire marshal; and any deputy fire marshal.



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(6) "Parking violation notice" means a citation issued for the violation of a law relating to the parking of motor vehicles or of any other law relating to motor vehicles for which a parking citation may be issued.

Sec. 5-8-22 Abandoned, unattended and immobile vehicles to be removed.

Whenever a motor vehicle:

(b) is left unattended on a public street or public property and constitutes a hazard to traffic;

(c) is left unattended on a public street or public property in any manner as to be in violation of law;

(d) is left unattended for more than 10 days upon public property without the permission of the city;

(e) is left unattended for more than 72 consecutive hours on private property without the permission of the property owner (provided, that in the case of private property normally open to the public for parking, signs are posted on the property which provide reasonable notice that vehicles left on the property for more than 72 consecutive hours without permission will be removed at the vehicle owner's expense);

(f) is left unattended on a public street or public property, or on private property, including a private street and road, but not including property which is owned or occupied as a single family residence, and there are three or more unpaid or otherwise unsettled parking violation notices pending against the vehicle;

(g) is left unattended in a fire lane or within 15 feet of a fire hydrant or an entrance to a fire station; or

(h) is immobilized while in a travel lane of a public street; the vehicle may, at the direction of an authorized city official, be removed for safekeeping by city personnel, vehicles and equipment, or by a towing service under contract to the city, to the city impoundment yard or another impoundment facility; provided, that a vehicle may be removed from privately-owned property only pursuant to the written authorization of the property owner or, where applicable, an association of owners formed pursuant to chapter 4.1 of the Code of Virginia (1950), as amended.

Sec. 5-8-23 Report of removal to police chief.

It shall be the duty of the authorized city official directing the removal of any vehicle under this article to cause a report of the removal to be made and forwarded to the police chief or the chief's designee, stating, to the degree such information is available, the year, make and model of the vehicle removed, its registration number and license plate number, the location from which it was removed, and the reasons for the removal.

Sec. 5-8-24 Notice that vehicle has been impounded.

(a) The authorized city official directing the removal of any vehicle under this article, a designee of the official or another city employee designated by the city manager, shall, within five days of the impoundment of the motor vehicle, by registered or certified mail, return receipt requested, provide notice to the owner of record of the impounded vehicle and to any person holding a security interest of record against the vehicle, as



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shown in records maintained by the department of motor vehicles; provided, that the vehicle has not already been released from the impoundment facility. The notice shall state the following: (i) the year, make, model and registration number of the motor vehicle; (ii) the address where the vehicle is being held; (iii) that the owner and any person having a security interest in the vehicle may reclaim the vehicle within 15 days from the date of the notice, after payment of all towing and storage charges resulting from the removal and storage of the vehicle; and (iv) that the failure of the owner and the persons having a security interest in the vehicle to reclaim the vehicle within the provided time period shall constitute both a waiver by the owner and such persons of all right, title and interest in the vehicle, and the consent by each of them to the sale of the vehicle at a public auction.

(b) If the records of the department of motor vehicles contain no address for the owner of an impounded vehicle or no address for any person shown by the department's records to have a security interest in the vehicle, and if such addresses cannot otherwise be determined with reasonable certainty, it shall be the responsibility of the authorized city official who directed the removal of the vehicle, a designee of the official or another city employee designated by the city manager to cause a notice to be published once in a newspaper of general circulation in the city. Such notice shall be published within the time limit set out in, and shall have the same contents required under, subsection (a) for a notice by mail. The failure of the owner and the person having a security interest in an impounded vehicle to reclaim the vehicle following notice by publication shall have the same consequences as those following a failure to reclaim after notice by mail. Any notice by publication may contain multiple listings of impounded motor vehicles.

Sec. 5-8-25 Repossession of impounded vehicles; towing and storage charges.

(a) The owner of any vehicle impounded under this article, a person duly authorized by the owner and any person possessing a security interest in the vehicle shall be permitted to repossess the vehicle up to the time of its sale by:

(3) payment of the costs incurred by the city in learning the identity of the vehicle owner and the holders of a security interest in the vehicle and in conducting the sale; and

(4) in the case of vehicles identified in section 5-8-(22)(f), payment of the outstanding parking violation notices for which the vehicle was removed.

(b) Payment of the charges and costs identified in subsection (a) shall not operate to relieve the owner of the impounded vehicle or the owner's agent from liability for any fine or penalty.

Sec. 5-8-26 Record of impounded vehicles.

The police chief or his designee shall keep a record of all vehicles impounded pursuant to this article.







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Sec. 5-8-27 Sale of unrepossessed vehicles; proceeds of sale.

(a) If a motor vehicle impounded under this article is not repossessed, the city shall sell it at public auction; provided, that if three disinterested qualified persons determine that less than $150 would be received for the vehicle following advertising and public sale, the vehicle may be junked at any time after the 40th day following its impoundment. The purchaser of an impounded vehicle at public auction shall take title to the vehicle free of all liens and claims of ownership of others, shall receive a sales receipt, and shall be entitled to apply to and receive from the department of motor vehicles a certificate of title and a registration card for the vehicle. The sales receipt from the sale shall be sufficient evidence of title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking or dismantling and, in that case, no further titling of the vehicle shall be necessary.

(b) The proceeds from the sale of an impounded motor vehicle shall be forwarded to the director of finance who shall pay from the proceeds the towing charge, storage charge and any costs incurred by the city in learning the identity of the vehicle owner and the holders of a security interest in the vehicle and in conducting the sale. The balance of the proceeds shall be held by the director of finance for the owner and paid to the owner upon satisfactory proof of ownership; provided, that the owner makes application for such proceeds within 90 days from the date of sale. If the owner fails to make timely application, the balance of the proceeds shall become the property of the city, and shall be deposited in the city general fund. Any personal property found in an impounded motor vehicle may be sold along with the sale of the vehicle.

Sec. 5-8-28 Disposition of inoperable abandoned vehicles.

Notwithstanding any other provisions of this article to the contrary, any inoperable abandoned motor vehicle which has been impounded pursuant to this article may be disposed of to a demolisher, for the sole purpose of having the vehicle wrecked, dismantled or demolished, without the title and the notification procedures otherwise required by this article. The demolisher, upon taking custody of such motor vehicle, shall notify the department of motor vehicles of this fact on forms provided by the department.

Sec. 5-8-29 Surrender of certificate of title, etc., where motor vehicle acquired for
demolition; records to be kept by demolisher.

(a) No demolisher who purchases or otherwise acquires a motor vehicle pursuant to section 5-8-28 for wrecking, dismantling or demolition shall be required to obtain a certificate of title for the motor vehicle in the demolisher's own name. After the motor vehicle has been demolished, processed, or changed so that it physically is no longer a motor vehicle, the demolisher shall surrender to the department of motor vehicles, for cancellation, the certificate of title or the sales receipt for the vehicle.

(b) A demolisher shall keep an accurate and complete record of all motor vehicles purchased or received in the course of business. These records shall contain the name and address of the person from whom each motor vehicle was purchased or received and the date when the purchase or receipt occurred. These records shall be open for inspection by the department of motor vehicles at any time during normal business hours.






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Sec. 5-8-30 Delegation of law enforcement authority.

Pursuant to section 27.34.2:1 of the Code of Virginia, 1950, as amended, the fire marshal and the deputy fire marshals are delegated, and shall possess, the law enforcement powers that are necessary to enforce this article and article D of this chapter.

Secs. 5-8-31 through 5-8-60 reserved.
Article D
Inoperable Motor Vehicles
Sec. 5-8-61 Definitions.
The following terms shall, for purposes of this article, have the meanings set forth below.

(1) "Motor vehicle" or "vehicle" means any motor vehicle, trailer or semitrailer, or any part thereof, as defined in section 46.2-100, Code of Virginia (1950), as amended.

(2) "Inoperable motor vehicle" means any motor vehicle which:

(i) is not in operating condition. A vehicle which has been partially disassembled, as evidenced by the removal of its wheels and tires, the engine or one or more other components that are essential to the operation of the vehicle shall be considered not in operating condition;

(ii) does not display any state license plates;

(iii) displays state license plates that have been expired for more than 60 days;

(iv) does not display any state motor vehicle inspection decal; or

(v) displays a state motor vehicle inspection decal that has been expired for more than 60 days.

(3) "Shielded or screened from view" means hidden from sight, from any ground level location, by plantings or fences.

Sec. 5-8-62 Declared nuisance.

The keeping by any person, firm or corporation, except within a fully enclosed building or structure or otherwise shielded or screened from view, of any inoperable motor vehicle on any property zoned for residential or commercial purposes is detrimental to the public health, safety and welfare, and is hereby declared to constitute a public nuisance.

Sec. 5-8-63 Unlawful to keep; exceptions.

It shall be unlawful for any person, firm or corporation to keep on any property zoned for residential or commercial purposes an inoperable motor vehicle unless it is located within a fully enclosed building or structure or is otherwise shielded or screened from view. It shall also be unlawful for any person, firm corporation to keep on property zoned for residential purposes more than one inoperable motor vehicle located outside of a fully enclosed building or structure which is shielded or screened from view. However, the provisions of this article shall not apply to a licensed business which is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. Nor shall the provisions of this article apply to any antique motor vehicle, as defined in section




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46.2-100 1, Code of Virginia (1950), as amended, so long as a bona fide effort is being made to repair or restore the vehicle and it is shielded in a manner to protect it from the weather and to make it unsuitable for rodent harborage.

Sec. 5-8-64 Removal of inoperable vehicle; remedies for failure to remove; costs.

(a) The occupant of property zoned for residential or commercial purposes on which an inoperable motor vehicle is being kept in violation of this article shall be provided a written notice of said violation. The notice shall be provided by the fire marshal or the fire marshal's designee, or another city employee designated by the city manager, and shall be posted both on the inoperable vehicle and in a conspicuous place on the property. The notice shall identify the inoperable vehicle, describe the conditions of the vehicle which render it inoperable and in violation of this article, and shall state that, unless the conditions are remedied by a specified date, which date shall be at least 15 days following the date on which the notice is posted, the vehicle will be removed by the city to an impoundment facility. In the event that the inoperable vehicle remains on the property after the date specified in the notice, the fire marshal or the fire marshal's designee, or another city employee designated by the city manager, may remove the vehicle and place it in the city's impoundment yard or another impoundment facility.

(b) Within five days of any removal under subsection (a), the fire marshal or the fire marshal's designee shall provide a written notice to the owner of the property from which the inoperable motor vehicle was removed and, if different, to the owner of record of the impounded vehicle. The notice shall be sent by registered or certified mail, return receipt requested, and shall state the following: (i) the year, make, model and serial number of the impounded vehicle; (ii) the location of the impoundment yard where it is being held; (iii) that the owner of the vehicle and any person having a security interest in the vehicle may reclaim the vehicle within 15 days from the date of the notice, after the payment of all removal and storage costs resulting from the removal and storage of the vehicle, and after providing an assurance that the vehicle will be brought into compliance with this article; and (iv) that the failure of the vehicle owner to reclaim the vehicle within the time provided shall constitute both a waiver by the owner of all right, title and interest in the vehicle, and the owner's consent to the disposition of the vehicle by the city. If the inoperable vehicle is not reclaimed within the time specified in the notice, the city may dispose of the vehicle.

(c) The costs incurred by the city in removing, storing and disposing of an inoperable motor vehicle in excess of any proceeds derived from the sale of the vehicle shall be assessable against the owner of the property from which the vehicle was removed and against the owner of the vehicle, and may be collected as taxes and levies are collected. The costs assessed against the owner of the property from which the vehicle was removed shall constitute a lien against such property, and the lien shall continue until actual payment of the costs have been made.

Article E and Secs. 5-7-65 through 5-8-70 reserved.




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Section 3. That this ordinance shall become effective at the time and upon the date of its final passage.


Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93

38. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Reduce, From Ten to Five, the Number of Residential Rental Units That Triggers the Requirement That the Units be Covered by a Residential Rental Permit. (#18 9/14/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 9/18/93, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3657

AN ORDINANCE to amend and reordain Article G (RESIDENTIAL RENTAL PERMITS) of Chapter 1 (BUILDING CODE), Title 8 (BUILDING CODE REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article G of Chapter 1, Title 8 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:
ARTICLE G
Residential Rental Permits

Sec. 8-1-110 Required; definitions.

(a) Every owner who engages in the business of renting five or more dwelling units located within the city is required to obtain a residential rental permit issued by the code official.






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(b) "Dwelling unit" shall mean a building or portion thereof that is used for residential purposes, including a single-family home and residential units in two-family and multifamily buildings, but shall not include hotels, motels, tourist homes or boarding and rooming houses.

(c) "To rent" shall mean to lease, sublease, let or otherwise grant for consideration the right to occupy a dwelling unit.

Sec. 8-1-111 Applications.

(a) Applications for issuance or renewal of a residential rental permit shall be made by the owner of the dwelling units or the owner's agent to the code official on forms to be provided by the code official.

(b) The fee for issuance or renewal of a residential rental permit shall be established by resolution of the city council, and payment of such fee shall be made with the filing of the application.

(c) It shall be unlawful for any person knowingly to make any false statements in an application for a residential rental permit.

(d) Any owner or agent who has applied for a permit, or the renewal thereof, will be allowed to operate until the application has been processed, the inspections have been made pursuant to section 8-1-113 of this article and a final non-appealable decision on the application has been made.

Sec. 8-1-112 Permit period of validity.

(a) A residential rental permit shall be valid for a term of one year from the date the application therefor was received by the code official or until the ownership of the property is transferred, whichever occurs first. Each permit shall be renewable on the anniversary date of its application. An application for permit renewal must be filed before the current permit expires. Failure to file a renewal application by the permit expiration date will result in a notice being posted on the property stating that the property is in non-compliance with this article.

(b) In the event ownership of dwelling or dwelling units subject to this article is transferred, the new owner or the owner's agent shall make application for a new residential rental permit within 30 calendar days of the date of transfer.

Sec. 8-1-113 Conditions for issuance of permits; inspections of dwelling units.

(a) Upon the making of a proper application for a residential rental permit by the owner or agent thereof, the code official shall issue or renew the permit after determining that the dwelling units for which the permit is sought and the related premises are in compliance with the provisions of this chapter and article B, chapter 2, title 4 of the code and article A, chapter 1, title 8 of this code, and that all required fees have been paid.







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(b) To make such determination, the code official shall inspect the dwelling units including common areas and grounds under the same ownership. Dwelling units inspected shall be selected on a random basis and in sufficient number to be fairly representative of the property or properties for which the permit is sought. Vacant units will not be selected for inspection. Failure of an owner or agent thereof to cooperate with the inspection process will result in a notice being posted on the property stating that the property is in non-compliance with this article.

(c) Inspections shall be conducted as provided in section 8-1-96 of this code; provided, however, that in the case of an occupied dwelling unit, consent of the occupant is required and assistance shall be furnished by the owner in obtaining such consent.

Sec. 8-1-114 Failure to pass inspection.

(a) If the code official determines, after inspection, that any dwelling unit or any part of the premises related thereto fails to comply with the provisions of this chapter, a written list of the violation or violations shall be given to the applicant. The code official shall then determine a date by which the applicant shall remedy the listed violations, at which time a reinspection shall be conducted. If further reinspections are required after the first reinspection, the applicant shall pay a fee of $50 for each such reinspection visit to each dwelling unit or any part of the premises related thereto to be reinspected.

(b) The decision of the code official to disapprove an application for a residential rental permit may be appealed by the applicant in accordance with sections 8-1-99 and 8-1-100 of this code. In the event the code official disapproves an application and an appeal is noted in accordance with section 8-1-99 and 8-1-100 by the applicant, the disapproval shall be stayed until an appeal has been completed.

Sec. 8-1-115 Operation without permit.

It shall be unlawful for any owner or agent to rent any vacant dwelling unit subject to the provisions of this article, except during the grace period allowed in section 8-1-111(d), unless the unit is subject to a valid residential rental permit.

Sec. 8-1-116 Suspension of permit.

(a) A permit once issued may be suspended by the code official when the official finds that one or more of the requirements of this article have been violated. A suspended permit shall be reinstated after the violation or violations have been corrected.


(b) No permit shall be suspended unless the code official has served the owner or the owner's agent with a notice specifying the violations and affording the owner or the agent a reasonable period of time to correct the violations.

(c) Upon the failure of the owner or the owner's agent to comply within the time specified in the notice of violation, the code official may suspend the permit.

(d) In the event the code official suspends any such permit, the owner or the owner's agent may note an appeal in accordance with section 8-1-99 and 8-1-100 of this chapter. Such suspension shall be stayed until any appeal, as set forth in section 8-1-99 and 8-1-100, has been completed.




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Sec. 8-1-117 Display and availability of permit required.

Every owner or agent must show to every prospective tenant before occupancy a valid residential rental permit covering the dwelling unit to be rented. Every owner or agent must show to any tenant, upon demand, a valid residential rental permit covering the dwelling unit the tenant occupies.

Sec. 8-1-118 Penalty for violation of article.

Any person violating any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $1,000 or by imprisonment not exceeding six months. In addition, the court may impose a bond to assure compliance with the provisions of this article for the next succeeding year.

Sec. 8-1-119 Enforcement by injunction.

Failure, refusal or neglect to comply with any of the provisions of this article may, in addition to any other remedy provided herein or in place thereof, be restrained, prohibited or enjoined by an appropriate proceeding instituted in a court of competent jurisdiction by the city attorney.

Sec. 8-1-120 New construction.

The provisions of this article will not apply to any building for which a certificate of occupancy has been issued by the city's bureau of code enforcement until one year after the issuance of such certificate of occupancy.

Sec. 8-1-121 Regulations implementing article.

The city manager may establish regulations which shall be approved by resolution of city council, governing the implementation of the provisions of this article.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93

39. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Amend the City's Regulations Governing Parking in Residential Permit Parking Districts in the Old Town Area to Implement the Changes Approved by City Council in June 1993. (#19 9/14/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated September 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 9/18/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.







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WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance, as amended, upon its Second Reading. The voting was as follows:

Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

The substitute ordinance finally passed as amended reads as follows:
ORDINANCE NO. 3658

AN ORDINANCE to amend Section 5-8-71 (DEFINITIONS), by adding a new subsection (12), to amend and reordain subsubsection (2) of subsection (b) (PARKING RESTRICTIONS IN DISTRICTS; MODIFICATIONS OF RESTRICTIONS) of Section 5-8-72 (PARKING IN PERMIT PARKING DISTRICTS) , and to amend and reordain subsection (3) of Section 5-8-74 (PARKING PERMITS; ISSUANCE), all of Article F (PERMIT PARKING DISTRICT), Chapter 8 (PARKING AND TRAFFIC REGULATIONS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-8-71 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding thereto a new subsection (12), to read as follows:

Sec. 5-8-71 Definitions.

(12) Special parking district area. The area bounded on the north by the north side of Princess Street, on the west by the east side of Washington Street, on the south by the south side of Wolfe Street and on the east by the Potomac River.

Section 2. That subsection (b)(2) of Section 5-8-72 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 5-8-72 Parking in permit parking districts.

(b) Parking restrictions in districts; modifications of restrictions.







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(2) (i) Following receipt of a petition signed by more than 50 percent of the residents abutting a block face in any permit parking district, except the special parking district area, which requests that the hours and days of restricted parking on their block face be changed and which specifies the combination of hours and days, described in subsubsection (1), that the residents are seeking, the traffic and parking board of the city shall, after a public hearing, make a recommendation on the petition to the city manager. Following receipt of the board's recommendation, the manager shall decide the petition and thereafter cause her decision to be implemented; provided, that, in the event the manager decides not to adopt the recommendation of the board or, whether or not in accord with the recommendation of the board, decides to deny the petition, in whole or in part, she shall forward the petition, along with the board's recommendation and the reasons for her decision, to city council which shall make the final decision on the petition.

(ii) Following receipt of a petition signed by the owner or non-owner occupants of more than 50 percent of the properties abutting a block in the special parking district area which requests that the hours and days of restricted parking on the block be changed and which specifies the combination of hours and days that are requested, the traffic and parking board of the city shall, after a public hearing, make a recommendation on the petition to the city manager; provided, however, that any petition filed under this subsubsubsection may only seek a change to one of the following combinations of hours and days: 8:00 a.m. to 5:00 p.m. Monday through Friday, two-hour limit; or 8:00 a.m. to 5:00 p.m. Monday through Friday, three-hour limit. Following receipt of the board's recommendation, the manager shall decide the petition and thereafter cause her decision to be implemented; provided, that, in the event the manager decides not to adopt the recommendation of the board or, whether or not in accord with the recommendation of the board, decides to deny the petition, in whole or in part, she shall forward the petition, along with the board's recommendation and the reasons for her decision, to city council which shall make the final decision on the petition. In the event a petition filed under this subsubsubsection is filed, no further petition relating to the same block may be filed for a period of 24 months after the filing of the first petition.

Section 3. That subsection (3) of Section 5-8-74 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 5-8-74 Parking permits; issuance.

(3) to persons who are guests at a residence in a permit parking district on the application of the resident, one permit for any vehicle used by such person while a guest at the residence, which permit shall be valid for a date certain or portion thereof; provided that the number of permits issued under this subsection shall not at any time exceed 50 percent of the number of parking spaces in which they are valid; provided further, that no permit shall be issued under this subsection except upon a showing by the resident making application therefor that during the hours for which the permit is to be issued his residence will be used and occupied in a manner which is both lawful and not inconsistent with the residential character of the permit parking district in which it is located, and unless it shall be found that the issuance of the permit or permits will not unduly impair traffic safety during the time of their validity; provided further, that, notwithstanding any provision of this subsection to the contrary, up to 10 self-validating guest permits shall be




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issued in any calendar month for the guests of any residence located in a permit parking district upon the application of a person residing in the residence. Any permit issued pursuant to this subsection may be limited to certain streets or portions thereof in the permit parking district for which the permit is issued.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93

40. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Incorporate by Reference into the City Code the Provisions of Virginia Code Section 46.2-371, Relating to the Provision of Notice of Traffic Accidents, and Section 46.2-301, Relating to Driving on a Suspended or Revoked License, and to Adopt the Amendments Made During the 1993 General Assembly Session to Those Sections of the Virginia Motor Vehicle Code (Virginia Code, title 46.2) which the City has Previously Adopted by Incorporation into the City Code. (#20 9/14/93; ROLL-CALL VOTE)

(A copy of the City Attorney's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 9/18/93, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:

AN ORDINANCE to add a new Section 10-3-371 (DRIVER TO GIVE IMMEDIATE NOTICE OF ACCIDENTS) to Article B (RECKLESS DRIVING, SPEEDING, ETC.), Chapter 3 (OPERATION OF VEHICLES), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended, and to adopt and incorporate into said Title 10 all amendments enacted during the 1993 session of the Virginia General Assembly to those sections in Titles 18.2 and 46.2 of the Code of Virginia (1950), as amended, which have been incorporated by reference into Title 10 of the city code.


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WHEREAS, pursuant to the authority granted in Virginia Code section 46.2-1313, the city council has previously adopted by incorporation into the Alexandria city code numerous provisions of the Virginia motor vehicle laws, which are set out in Titles 18.2 and 46.2 of the Virginia Code (1950), as amended;

WHEREAS, the city council now wishes to adopt by incorporation into the city code an additional provision of the state motor vehicle laws, section 46.2-371 which requires drivers immediately to report traffic accidents to local police; and

WHEREAS, in its 1993 session, the Virginia General Assembly amended some of the provisions of the Virginia motor vehicle laws that have previously been incorporated by reference into the city code, and the city council now wishes to adopt and incorporate into the city code all such amendments; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be amended by adding a new Section 10-3-371 to read as follows:

Sec. 10-3-371 Driver to give immediate notice of accidents.

Pursuant to the authority granted by section 46.2-1313 of the Code of Virginia (1950), as amended, section 46.2-371 of the Code of Virginia, as amended, which relates to driver notification of accidents, is hereby adopted and incorporated in its entirety into this chapter as if it were fully set forth herein.

Section 2. That all amendments made by the Virginia General Assembly during its 1993 session to the sections of Titles 18.2 and 46.2 of the Virginia Code which have been incorporated by reference into Article B, Chapter 3 of Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, shall be and hereby are adopted, and the incorporation of each such section into the city code shall be deemed an incorporation of the section as amended by the 1993 General Assembly, and further that said Article B, as so amended by incorporation, shall be and hereby is reordained.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93







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41. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Add a Provision to the City Code Providing for the City's Automatic Adoption of Amendments Enacted by the General Assembly to Sections of the General Law which the City has Previously Enacted by Incorporation into the City Code. (#21 9/14/93; ROLL-CALL VOTE)

(A copy of the City Attorney's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 9/18/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3660

AN ORDINANCE to add a new Section 1-1-10 (ADOPTION OF AMENDMENTS TO PROVISIONS OF GENERAL LAW PREVIOUSLY INCORPORATED BY REFERENCE INTO CITY CODE) to Chapter 1 (USE AND INTRODUCTION), Title 1 (GENERAL PROVISIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, in its 1993 session, the Virginia General Assembly enacted Virginia Code section 1-13.39:2 which authorizes local governments to provide that all amendments made by the Virginia General Assembly to provisions of the general law that have previously been adopted by incorporation into the city code will, unless a contrary intent is expressed by city council, automatically be adopted and incorporated into the city code; and

WHEREAS, the city council now desires to exercise the authority granted by Virginia Code section 1-13.39:2; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 1, Title 1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be amended by adding a new section 1-1-10 to read as follows:

Sec. 1-1-10 Adoption of amendments to provisions of general law previously
incorporated by reference into city code.

Whenever the Virginia General Assembly amends provisions of the general law that have previously been adopted by incorporation into the city code, such amendments will, unless a contrary intent is expressed by city council, automatically be adopted and incorporated into the city code.






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Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.


Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93

42. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Revise Title 5, Chapter 6 of the City Code which Governs Discharges into the City's Sewer System and into the Wastewater Treatment Facility Operated by the Alexandria Sanitation Authority. (#22 9/14/93; ROLL-CALL VOTE)

(A copy of the City Attorney's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 9/18/93, and is incorporated herewith as part of this record by reference.)

It was noted that Councilman Donley left the meeting at 3:50 p.m.

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance, as amended, upon its Second Reading. The voting was as follows:

Jackson "aye" Cleveland "aye"
Pepper "aye" Donley left meeting
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed as amended reads as follows:
ORDINANCE NO. 3661
AN ORDINANCE to amend and reordain current Division 3 (DISCHARGES INTO SEWAGE DISPOSAL SYSTEM AND POTW) of Chapter 6 (WATER AND SEWER), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Division 3 of Chapter 6 of Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows.



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DIVISION 3
Discharges into Sewer Collection
System and POTW
SUBDIVISION A
General

Sec. 5-6-71 Definitions.

For the purposes of this division, the following shall have the meanings ascribed to them by this section.

(a) Administrator. The administrator of the United States Environmental Protection Agency or his agents or delegates.

(b) Approval authority. The executive director of the Department of Environmental Quality, Water Division.

(c) Authority. The City of Alexandria, Virginia, Sanitation Authority.

(d) Authorized representative of the user. A duly authorized representative of the individual or entity identified in subsubsections (1), (2), (3) or (4) below, if such representative is responsible for the overall operation of the facility from which the discharge originates. The authorization must be submitted to the authority in writing and must name the representative and the position he or she occupies. Whenever such authorization is no longer accurate, a new authorization must be submitted to the authority prior to submission of any reports signed by the authorized representative. An authorized representative shall be:

(1) if the user is a corporation:

(a) the president, secretary, treasurer or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(b) the manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million dollars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) if the user is a partnership, a general partner of the partnership;

(3) if the user is a sole proprietorship, the proprietor of the user; or

(4) if the user is a federal, state or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or such person's designee.

The individuals described in subsubsections (1) through (4) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the authority at least two weeks prior to any reports being signed by the new designee.



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(e) Best management practices. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices or procedures of users to prevent or reduce the discharge of pollutants into the collection system or the POTW. Such practices may include, but not be restricted to, notification plans of any accidental discharge, solvent and toxic organic management plans, operating procedures, practices to control batch discharge, sludge and waste disposal, spillage or leaks, or drainage from raw material storage, and/or pollution prevention control.

(f) City. The City of Alexandria, a municipal corporation of Virginia.

(g) Clean Water Act or the "Act". Federal Water Pollution Control Act, also known as the Clean Water Act of 1977 (Pub. L. No. 95-217), as amended, 33 U.S.C. 1251, et seq.

(h) Collection system. All sewers which discharge wastewater into a POTW.

(i) Control authority. The City of Alexandria, Virginia, Sanitation Authority.

(j) Conventional pollutants. BOD, TSS, fecal coliform, oil and grease, and pH.

(k) Director. The director of the department of transportation and environmental services of the city.

(1) Discharge. The introduction of pollutants into the collection system or into a POTW.

(n) Improperly shredded garbage. The wastes from the preparation, cooking, eating, handling, dispensing, sale or storage of food that have not been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

(o) Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources:

(1) inhibits or disrupts a POTW, its treatment processes or operations, or its sludge processes, use or disposal;

(2) is a cause of a violation of any requirement of the authority's NPDES permit, including an increase in the magnitude or duration of a violation; or

(3) prevents the use or disposal of sludge at a POTW from complying with any of the following statutory provisions, regulations or permits issued thereunder, or any more stringent state or local regulations: section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including title II which is more commonly referred to as the Resource Conservation Recovery Act (RCRA); state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA; the Clean Air Act; or the Marine Protection, Research and Sanctuaries Act.

(p) Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological waste, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, or dialysis wastes, which have been generated by a medical, commercial or industrial facility.



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(q) National categorical pretreatment standards or categorical standards. Any regulation which contains pollutant discharge limits, promulgated by the United States Environmental Protection Agency pursuant to sections 307(b) and (c) of the Clean Water Act, 33 U.S.C. 1317, and which applies to a specific category of users which appear in 40 C.F.R., chapter I, subchapter N, parts 405 through 471.

(r) National Pollutant Discharge Elimination System permit or NPDES permit. A permit issued pursuant to section 402 of the Clean Water Act, 33 U.S.C. 1342.

(s) New source.

(1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication in the Federal Register of proposed pretreatment standards under the Clean Water Act, 33 U.S.C. 1311 and 1314, that will be applicable to the source if such standards are thereafter promulgated, provided that:

(i) the building, structure, facility or installation is constructed at a site where no other source is located; or

(ii) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants from an existing source; or

(iii) the production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether this "substantially independent" criterion is met, factors such as the extent to which the new facility is integrated with the existing plant and is engaged in the same general type of activity as the existing source shall be considered.

(2) Construction at a site at which an existing source is located results in a modification of the existing source, rather than a new source, if the construction does not create a new building, structure, facility or installation meeting the criteria of subsubsection (1) above, but otherwise alters, replaces or adds to existing process or production equipment.

(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

(i) begun, or caused to begin, as part of continuous on-site construction program any replacement, assembly or installation of facilities or equipment, or significant site preparation work, including excavation work or clearing or removal of existing buildings, structures or installation of new source facilities or equipment; or

(ii) entered into a binding contractual obligations for the purchase of facilities or equipment which are intended to be used in the operation of the new source within a reasonable time; provided, that options to purchase, contracts which may be terminated or modified without substantial loss, and contracts for feasibility, engineering or design studies shall not constitute a contractual obligation under this subsubsection.

(t) Noncontact cooling water. Water used solely for cooling purposes which does not come in contact with any other discharge until such noncontact cooling water is discharged into the collection system or a POTW, and which does not exceed the pretreatment standards.


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(u) Pass through. Any discharge which exits a POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

(v) Permittee. A holder of a significant industrial user permit.

(w) pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(x) Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, rock, sand and agricultural wastes, or the characteristics of the wastewater (such as pH, temperature, TSS, BOD, COD, toxicity and odor).

(y) POTW or publicly owned treatment works. A wastewater treatment plant, pump stations or the sewers which feed into a wastewater treatment plant.

(z) Pretreatment. The reduction of the amount of pollutants to a less harmful state, or the elimination of pollutant properties in wastewater, prior to or in lieu of the discharge of the pollutants into the collection system or a POTW. This reduction or elimination may be obtained by physical, chemical or biological processes or other means, except by dilution of the concentration of the pollutants unless allowed by an applicable pretreatment standard or by other means which are prohibited by 40 C.F.R. 403.6(d).

(aa) Pretreatment standards or standards. Prohibited discharge standards, national categorical pretreatment standards, and/or local limits.

(bb) Prohibited discharges. Pollutants which are prohibited from entering the collection system or a POTW.

(cc) Sewer connection permit. A permit issued by the director pursuant to section 5-6-25 of this article.

(dd) Significant industrial user permit. A permit issued to significant industrial users by the authority, pursuant to this division and the rules and regulations established by the authority, which serves as an effective control mechanism to assure compliance with the Clean Water Act and this division.

(ee) Slug discharge. Any discharge which, in concentration of any given pollutant or in quantity of flow, could cause a violation of the pretreatment standards.

(ff) User. Any person, entity or facility discharging wastewater into the collection system or a POTW.

(gg) User, domestic. Any facility discharging only domestic wastewater into the collection system or a POTW.

(hh) User, industrial. Any facility discharging any process or nondomestic wastewater into the collection system or the POTW, including commercial, industrial, and public and nonpublic institutions.

(ii) User, significant industrial.

(1) Categorical: any industrial user subject to national categorical pretreatment standards under 40 C.F.R. 403.6 and 40 C.F.R. chapter I, subchapter N; and

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(2) Noncategorical: any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to a POTW (excluding sanitary noncontact cooling and boiler blowdown wastewater), contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW's treatment capacity, or is so designated by the authority, or the receiving POTW on the basis that the industrial user has a reasonable potential to adversely affect the POTW's operation or to violate any national categorical pretreatment standard or requirement, in accordance with 40 C.F.R. 403.8(f)(6).

(jj) Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to a POTW.

(kk) Water Quality Act Amendment of 1987. The Water Quality Act of 1987 (Pub. L. No. 100-4).

Sec. 5-6-72 Engineer as designee of director.

The director is hereby authorized to designate the engineer as the duly authorized representative of the director for administrative and enforcement purposes under this division.

Sec. 5-6-73 Right of entry for inspection and sampling; compliance schedules.

(a) The director, the engineer and other personnel of the city and the authority shall inspect any known or suspected user to ascertain whether the purposes of this division are being met, and all requirements of this division are being complied with, by such user. Occupants of premises where wastewater is created for discharging into, or is discharged into, the collection system or the POTW shall allow the director, the engineer and personnel of the city and the authority access at reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or the performance of any duties imposed under this division. The city, the authority and the approval authority shall have the right to set up on the property of known or suspected users such devices as are necessary to conduct sampling inspections, compliance monitoring and/or metering operations. Where a user has security measures in force which require proper identification and clearance before entry onto its property, the user shall make necessary arrangements so that, upon presentation of suitable identification, the director, the engineer and other personnel from the city and authority, or the approval authority, shall be permitted to enter, without delay, for the purpose of performing their specific responsibilities.

(b) The city, the authority and the approval authority have the right to require the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements.

Sec. 5-6-74 Records.

All records which the engineer requires to be maintained by an industrial user shall be made available for copying to the administrator, the city, the approval authority and the control authority upon request.







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Sec. 5-6-75 Fees and charges.

(a) The holders of a significant industrial user permit shall pay an annual fee to the authority to offset the authority's costs in administering the significant industrial user permit system. The annual fee for categorical significant industrial use permittees shall be $375. The annual fee for noncategorical permittees shall be $250. These fees shall be paid to the authority each year on or before the anniversary of the effective date of the permittee's permit. If a significant industrial user fails to make payment of the annual fee within thirty (30) days of the date on which payment is due, the permit shall lapse and the user must reapply for a new permit.

(b) In addition to the fees established by subsection (a), the city may establish and adjust fee and rate schedules for users, by ordinance or resolution passed by city council, for the purpose of obtaining relief from costs incurred in the administration and implementation of this division. Fees established pursuant to this section shall not preclude any other charges or fees established under any other sections of this code.

Sec. 5-6-76 Termination of services; revocation of permits.

If, in the opinion of the director or the engineer, a user's violation of any discharge limitations or standards or other requirements imposed on it by this division, including by a permit issued pursuant to this division, threatens the public health, presents an endangerment to the environment, interferes with the operation of the POTW or causes the authority to be in violation of its NPDES permit or any state permit issued to regulate the treatment of wastewater or the treatment or application of sludge, the authority may suspend wastewater treatment service, including collection and treatment services, to the user. In addition, the city and the authority may revoke any permits issued under the provisions of this article when the city or the authority determines that the user's continued discharge into the collection system or the POTW will be in violation of federal, state or local law, or a regulation, requirement or procedure issued pursuant to any such law.

Sec. 5-6-77 Conflict.

In case of inconsistency or conflict between a provision in this division and a provision contained elsewhere in this code, as the same may be amended from time to time, the provision of this division shall control.

Sec. 5-6-78 Notice to user violators.

The owner or operator of any user found to be violating any provision of this division shall be served written notice by the director, the engineer or his/her designee, stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof.







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Sec. 5-6-79 Administrative orders.

(a) The director, the engineer and their designees may issue an administrative order to any user which is in violation of one or more of the discharge limitations or standards or other requirements imposed by this division, including by a permit issued pursuant to this division. Any such order shall require that the user come into compliance with said limitations, standards or other requirements within a specified period of time. If the violations are not corrected within the specified time, the director, engineer or designee may issue a second administrative order which, in addition to requiring correction of the violation within a specified period of time, may impose upon the user a fee, in addition to the fee identified in subsection (b), to cover the increased administrative costs incurred by the city or the authority since issuance of the first order in seeking to obtain compliance by the user.

(b) In conjunction with the issuance of any administrative order, the director, engineer or their designees may assess a fee of up to $2,500 to provide for the costs incurred by the city or the authority, or both, in administering this division. This fee may be adjusted by resolution of city council.

Sec. 5-6-79A Penalties and fines.

The owner and the operator of any user which is found to have violated any provision of this division, including any written orders, rules, procedures, permit terms or conditions, or regulations issued thereunder, shall, upon conviction thereof, be punished by a fine of not less than $1,000 for each day the violation occurs or continues, or be imprisoned for up to 60 days, or both. The violation of different provisions or requirements of this division shall, for purposes of this section, constitute a separate violation. In addition to or in lieu of the penalty provided above, the city or the authority may commence an action against such an owner and operator in the Circuit Court of Alexandria for appropriate legal or equitable relief, including but not limited to injunctions and monetary damages.
SUBDIVISION B
Prohibited Discharges

Sec. 5-6-80 Prohibited user discharges.

(a) No user shall discharge or cause to be discharged into the collection system or a POTW any of the following described substances, materials, waters or wastes:

(1) any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas, which creates a fire or explosion hazard in the POTW or collection system, including but not limited to wastestreams with a closed cup flashpoint of less than 140 degrees F. (60 degrees C.) using methods specified in 40 C.F.R. 261.21;

(2) petroleum oil, non biodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through;

(3) any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard in the receiving waters of the collection system or the POTW, including but not limited to cyanides, chromium, copper, zinc, silver, lead, nickel, arsenic, mercury, cadmium and phenols;

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(4) any water or waste having a pH of less than 6.0 or more than 11.0 standard units or having any corrosive property capable of causing damage or hazard to structures, equipment or personnel of the city or the authority;

(5) solid or viscous substances capable of causing obstruction to the flow in the collection system or the POTW or interference with the proper operation of the collection system or the POTW, including but not limited to improperly shredded garbage, ashes, cinders, sand, mud, straw, wood or paunch manure;

(6) any liquid or vapor having a temperature higher than 140 degrees F. (60 degrees C.) or, at the point of intake to the POTW, having a temperature higher than 104 degrees F. (40 degrees C.);

(7) any water or waste containing fats, wax, grease or oils of animal or vegetable origin in concentrations greater than 100 mg/1 as an instantaneous maximum or containing substances which may solidify or become viscous at temperatures between 32 degrees F. and 140 degrees F.;

(8) any radioactive substance of such half-life or concentration as may exceed safe limits as established by state or federal regulations;

(9) any odor- or color-producing substances exceeding concentrations which may be established by the authority for the purpose of meeting NPDES permit conditions;

(10) quantities of flow or concentrations, or both, which constitute a slug discharge, as defined in section 5-6-71, and any pollutant, including conventional pollutants, released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW;

(11) any substance from a septic tank, truck or any portable vessel or devise;

(b) No user shall discharge into the collection system or the POTW any wastewater containing pollutant levels above the local limit pretreatment standards set by the authority in accordance with 40 C.F.R. 403.5 (c) (1). The authority will require compliance with validly adopted local limits of other political jurisdictions for users which discharges are tributary to a collection system or POTW of such jurisdictions and applicable pursuant to agreements between the authority and such jurisdiction. The authority may impose maximum mass or concentration discharge limits for any pollutant that threatens the public health, presents an endangerment to the environment, interferes with the operation of a POTW or causes the authority to be in violation of its NPDES permit or any state permit issued to regulate the treatment of wastewater or the treatment or application of sludge. Concentrations shall be determined at the point where the industrial waste is discharged to the collection system. All concentrations for metallic substances and compounds shall be measured as the elemental metal. Compliance with all parameters may be determined from a single grab sample. Where specific prohibitions or limits on pollutants are developed for the collection system in accordance with this division, such limits are deemed pretreatment standards.




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(c) No user shall discharge or cause to be discharged into the collection system or the POTW any substances, materials, waters or wastes which the engineer determines to be or to contain a pollutant which will pass through or cause interference with the operation or performance of the POTW or will contaminate the resulting sludge.

(d) Dilution of wastestreams to meet the requirements of this section is prohibited.

(e) Any discharge of groundwater, stormwater, surface water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater into the collection system or POTW without written approval of the authority is prohibited, except for those circumstances covered by sections 5-6-32 through 5-6-39.

Secs. 5-6-81 through 5-6-89 reserved.
SUBDIVISION C
Regulation of Industrial Users and
Pretreatment of Nondomestic Waste

Sec. 5-6-90 Applicability and purpose of subdivision; information required.

(a) The provisions of this subdivision shall be applicable to all industrial users of the collection system and the POTW. The subdivision sets forth uniform requirements for such users. The purpose of these requirements is to ensure compliance with all applicable state and federal laws, including the Clean Water Act of 1977, the Water Quality Act Amendment of 1987 and the general pretreatment regulations (40 C.F.R. 403.1 et seq.), and to improve the opportunity of the POTW to recycle and reclaim wastewaters and sludges.

(b) All reports, data, product and materials information, and other information required by the engineer to be maintained by industrial users shall be submitted to the authority upon its request. All reports submitted to the authority shall be signed by a representative of the user authorized to do so on behalf of the user, and shall include the following certification statement:

Sec. 5-6-91 Permits required; prohibited acts and grounds for denial, suspension or revocation.

(a) All industrial users shall comply with the sewer connection permit requirements of this article and shall not discharge any wastewater into the collection system or the POTW unless a sewer connection permit has been issued by the city and is in effect.





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(b) The authority shall establish an effective significant industrial user permit system which shall include specific methods of enforcing the pretreatment requirements of the Clean Water Act and this division. The authority shall establish by regulation limitations as may be necessary on the discharge of pollutants to the collection system or a POTW. Such limitations shall be calculated to prevent pass through or interference. The authority shall provide any interested person a copy of the significant industrial user permit system established and enforced by the authority.

(c) Any one or more of the following are unlawful and, in addition to or in lieu of any other penalties or remedies provided by this article, shall be grounds for the denial, suspension or revocation of a sewer connection or significant industrial user permit applied for by or issued to an industrial user pursuant to the provisions of this article:

(1) the discharge of pollutants into the collection system or a POTW which cause interference with the operation of the POTW, contaminate the resulting sludge, or cause the POTW to violate its NPDES permit or any state permit issued to regulate the treatment of wastewater or the treatment or application of sludge, or to implement applicable water quality standards;

(2) the discharge of pollutants into the collection system or a POTW which pass through the POTW, inadequately treated, into receiving waters or the atmosphere or are otherwise incompatible with the system;

(3) the violation of any provision of this division;

(4) the discharge of any substance into the collection system or a POTW without first obtaining the permits required by this article from the city or authority;

(5) the discharge into the collection system or the POTW of hazardous waste, as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., which is not covered by the domestic sewage exemption contained in 40 C.F.R. 261.4(a)(1)(ii). This type of waste must be handled in accordance with the requirements of RCRA and shall not be discharged into the collection system;

(6) the discharge of pollutants into the collection system or the POTW in violation of any national categorical pretreatment standards found in chapter I, subchapter N of title 40 of the Code of Federal Regulations. The national categorical pretreatment standards found at 40 C.F.R. chapter I, subchapter N, parts 405 through 471 are hereby incorporated into this division as if fully set forth herein;

(7) the violation of any significant industrial user permit term or condition;

(8) the failure of any industrial user to notify the authority in advance of any substantial changes in the volume or character of the pollutants in its discharge; or

(9) the failure of any industrial user to notify the authority immediately of any slug loading which may constitute a slug discharge, as defined in section 5-6-71(ee).

Sec. 5-6-92 Effluent data.

Effluent information and data provided to the authority shall be available to the public without restriction.




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Sec. 5-6-93 Significant industrial user permits.

The provisions of this section are applicable, pursuant to their terms, to all significant industrial users, whether categorical or noncategorical, except that the provisions of subsections (m), (n), (o), (p) and (q) are applicable only to categorical significant industrial users.

(a) Permits required. All significant industrial users proposing to connect to or discharge into the collection system or the POTW shall comply with the significant industrial user permit requirements of this division and shall not discharge any wastewater into the collection system or the POTW unless a significant industrial user permit has been issued by the authority and is in effect.

(b) Permit application. All industrial users required to obtain a significant industrial user permit shall complete and file with the authority a permit application form prescribed by the authority. Any significant industrial user connected to or discharging into the collection system as of February 27, 1991, which does not possess a significant industrial user permit shall file a completed permit application form with the authority on or before May 27, 1991. Any significant industrial user which proposes to connect to or discharge into the collection system or the POTW after February 27, 1991, shall file a completed permit application form with the authority at least 90 days prior to connecting to or discharging into the collection system or the POTW.

(c) Permit modifications.

(1) Upon promulgation of a national categorical pretreatment standard, the authority shall notify the users holding a significant industrial user permit which are subject to the new standard. If the new standard is more stringent than requirements in the permits of such users, the authority shall modify the permits to require compliance with the new standard within the time frame prescribed by the standard. Where a user which becomes subject to a new pretreatment standard does not hold a significant industrial user permit, the user shall file a completed permit application form with the authority within 90 days after the promulgation of the new standard, unless a federal or state statute or regulation requires application within a shorter period.

(2) A significant industrial user permit is also subject to modification by the engineer as limitations or requirements identified in this division are revised or other just cause exists. A significant industrial user shall be informed of any such permit modification at least 30 days prior to the effective date of the modification, unless a federal or state statute or regulation requires an earlier effective date. Any such modification in a permit shall include a reasonable time schedule for compliance.

(d) Permit conditions. Significant industrial user permits shall contain a provision expressly subject to all provisions of this division and all other applicable regulations, conditions, and user charges and fees established by the authority or the city, or both. All significant industrial user permits shall also contain, at a minimum, the following:

(1) a cover page containing the name and address of the owner or operator of the user (the permittee), the signature of an authorized representative of the owner or operator of the user, the issuance, effective and expiration dates of the permit;




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(2) the most stringent applicable discharge limits, including but not limited to those limits established by this article and applicable national categorical pretreatment standards, and limits established by other political jurisdictions and applicable pursuant to agreements between the authority and such jurisdictions;

(3) Local limits. The authority may impose maximum mass or concentration discharge limits for any pollutant that threatens the public health, presents an endangerment to the environment, interferes with the operation of the POTW or causes the authority to be in violation of its NPDES permit or any state permit issued to regulate the treatment of wastewater or the treatment or application of sludge. Concentrations shall be determined at the point where the industrial waste is discharged to the collection system. All concentrations for metallic substances are for metals. Compliance with all parameters may be determined from a single grab sample. Where specific prohibitions or limits on pollutants are developed for the collection system in accordance with this division, such limits are deemed local pretreatment limits.

(4) the monitoring requirements imposed on the permittee, including but not limited to the pollutants to be monitored, the locations for taking samples, the methods of taking and analyzing samples, and the frequency of taking samples;

(5) the reporting requirements imposed on the permittee, including but not limited to the type and contents of each report and the date of submission for each report;

(6) a requirement that, in the event sampling indicates a violation of any permit condition, the permittee must notify the authority of the violation within 24 hours of first becoming aware of it, and must repeat the sampling and analysis and submit the results of the repeat analysis to the authority within 30 days of first becoming aware of the violation; provided, that the permittee shall not be required to resample if the authority or the permittee performs sampling at the facility covered by the permit at a frequency of at least once per month, or the authority or the permittee performs sampling at the facility between the time when the permittee performs its initial sampling and the time when the permittee receives the results of this sampling;

(7) standard conditions that are contained in all significant industrial user permits;

(8) specific conditions that apply to the particular permittee, including but not limited to requirements to construct, maintain and operate certain pretreatment facilities, requirements to develop and implement compliance schedules, requirements to develop and implement best management practices, and requirements to develop and implement accidental spill and slug control plans;

(9) other conditions as may be reasonably necessary to regulate the permittee; and

(10) the circumstances in which the permit may be reopened and modified by the authority.

(e) Permit duration. Significant industrial user permits shall be issued for a specified time period, not to exceed five years, and may provide for permit expiration on a specific date or the occurrence of a specific event. The permittee may apply for the reissuance of a significant industrial user permit at least 180 days prior to the expiration of the existing permit.


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(f) Permit transfer. Significant industrial user permits shall be issued to a specific permittee for a specific user for a specific operation. A permit shall not be assigned, transferred or sold to a new owner or operator of the user or to another user unless the assignment, transfer or sale had been approved by the engineer. A permit shall, in the case of a new or changed user operation, automatically expire unless the new or changed operation has been approved by the engineer.

(g) Notice of potential problems, including slug loading:

(1) in the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for a POTW, the user shall immediately telephone and notify the authority of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(2) within five days following such discharge, the user, unless waived by the authority, shall submit a detailed written report describing the causes(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this division.

(3) a notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subparagraph (1), above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

(h) Monitoring and sampling. If a significant industrial user subject to the reporting requirement in subsection (d) monitors any pollutant more frequently than required by the significant industrial user permit by methods prescribed by 40 C.F.R. Part 136 and any amendments thereto, or than required by any other monitoring procedures approved by the administrator (see 40 C.F.R. 136.4 and 136.5), the results of this monitoring shall be included in the report required by the user's permit. All sampling and analyses shall be performed in accordance with techniques approved by the administrator. Where 40 C.F.R. part 136 does not include sampling or analytical techniques for the pollutants in question, or where the administrator determines that the 40 C.F.R. Part 136 sampling or analytical techniques are inappropriate for the pollutants in question, sampling and analyses shall be performed using validated analytical methods or other sampling and analytical procedures, including procedures suggested by the authority or other parties, that have been approved by the administrator or the approval authority.

(i) Notification of changed discharge. All users shall notify the engineer of any substantial change in the volume or character of pollutants in their discharge. Such notice shall be given at least 30 days in advance of any such change.

(j) Signatory requirements for reports. The reports required by this section shall include the certification statement set forth in 40 C.F.R. 403.6(a)(2)(ii) and section 5-6-90(b), and shall be signed by an authorized representative of the user.







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(k) Fraudulent and false statements. The reports required by subsections (d) (5), (m), (o) and (p) are subject to the provisions of 18 U.S.C. 1001, relating to fraudulent and false statements, and the provisions of the Clean Water Act, 33 U.S.C. 1311 and 1314, relating to false statements, representations or certifications in reports required by the Act.

(l) Record-keeping requirements.

(1) Any significant industrial user subject to any of the reporting requirements of this section shall maintain records of all information resulting from any monitoring activities required by this section. Such records shall include for all samples:

(i) the date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

(ii) the dates analyses were performed;

(iii) the name of the person or persons performing the analyses;

(iv) the analytical techniques or methods used; and

(v) the results of the analyses.

(2) Any significant industrial user subject to the reporting requirements established in this section shall be required to retain for a minimum of three years any records of monitoring activities and results, whether or not such monitoring activities are required by this section and shall make such records available for inspection and copying by the authority or the approval authority. This period of retention shall be extended during the course of any unresolved litigation regarding the significant industrial user or when requested by the authority or the approval authority.

(m) Additional reporting requirements for categorical significant industrial users; baseline reports. Within 180 days after the effective date of a new or revised categorical pretreatment standard, or 180 days after a final administrative decision regarding a category determination submission under 40 C.F.R. 403.6(a)(4), whichever is later, any existing significant categorical industrial user that is currently discharging to or scheduled to discharge to the POTW shall submit to the authority a report which contains the information described in subsubsections (1) through (7) below. At least 90 days prior to discharging into the collection system or a POTW, any new source, and any source that becomes a significant industrial user by virtue of the promulgation of the new or revised categorical pretreatment standard, shall submit to the authority a report which contains the information described in subsubsections (1) through (7) below; provided, that new sources shall give estimates of the information requested in subsubsections (4) and (5). New sources shall also be required to include in this report information on the method of pretreatment that the source intends to use to meet the new or revised pretreatment standard.

(1) Identifying information. The significant industrial user shall submit the name and address of the facility, including the name of the operator and owners.

(2) Permits. The significant industrial user shall submit a list of any environmental control permits held by or for the facility.







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(3) Description of operations. The significant industrial user shall submit a brief description of the nature, average rate of production, the standard industrial classification of each operation carried out by the user. This description should include a schematic process diagram which indicates points of discharge from the regulated processes to the collection system or the POTW.

(4) Flow measurement. The significant industrial user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of its regulated process streams and from all other streams as necessary to allow use of the combined wastestream formula of 40 C.F.R. 403.6(e). The authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(5) Measurement of pollutants.

(i) The significant industrial user shall identify the pretreatment standards applicable to each of its regulated processes.

(ii) The significant industrial user shall conduct, and submit the results of, sampling and analyses that identify the nature and concentration, or mass where required by an applicable pretreatment standard or the authority, of the regulated pollutants that are in the discharge from each of its regulated processes. Both daily maximum concentrations and applicable average concentrations, or mass where required, shall be reported for each regulated pollutant. All samples shall be representative of daily operations. All sampling and analyses shall be performed in accordance with the techniques prescribed in 40 C.F.R. Part 136 and any amendments thereto; provided, that, if 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutants in question, or where the administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutants in question, sampling and analytical procedures suggested by the authority or other parties and approved by the administrator may be used.

(iii) In conducting the sampling required by this subsection, a minimum of four grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic. For all other pollutants, 24-hour composite samples shall be obtained through flow-proportional composite sampling techniques or through a minimum of four grab samples where the significant industrial user demonstrates that this will provide a representative sample of the effluent being discharged.

(iv) In conducting the sampling required by subsection, the significant industrial user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection.

(v) In conducting the sampling required by subsection, samples shall be taken immediately downstream from pretreatment facilities associated with the significant industrial user, if any, or immediately downstream from the user's regulated processes if no pretreatment facility exists. If non-regulated wastewater are mixed with the user's regulated wastewater prior to treatment, the user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 C.F.R. 403.6(e) in order to evaluate compliance with each applicable pretreatment standard. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. 403.6(e), this alternate limit, along with supporting data, shall be submitted to the authority.



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(vi) In its baseline report, the significant industrial user shall state the time, date and exact place of the sampling it has conducted pursuant to this subsection and the methods it used to analyze the samples, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the collection system and the POTW.

(vii) The authority may allow the submission of a baseline report which provides a measurement of pollutants by utilizing only historical data, as long as the authority concludes that the data provide sufficient information for it to determine the need for industrial pretreatment measures.

(6) Certification. The significant industrial user shall submit a statement, executed by an authorized representative of the user, as defined in subsection (j), and certified by a qualified professional, that it is meeting all applicable pretreatment standards and requirements on a consistent basis or, if not, that identifies the additional operation and maintenance measures and/or the additional pretreatment measures that are required in order for it to meet the standards and requirements.

(7) Compliance schedule. If additional operation and maintenance measures and/or additional pretreatment measures are required in order for a significant industrial user to meet any pretreatment standard, the user shall describe the shortest schedule by which it will provide and implement such additional measures. The completion date in such schedule shall not be later than the compliance date established for the applicable pretreatment standard.

(8) Modifications of pretreatment standards.

(i) Where, at the time a significant industrial user's baseline report is submitted, the user's categorical pretreatment standard has been modified by a removal allowance pursuant to 40 C.F.R. 403.7. by the combined wastestream formula pursuant to 40 C.F.R. 403.6(e), or by a fundamental different factors variance pursuant to 40 C.F.R. 403.13, the information required by subsubsubsections (6) and (7) shall pertain to the modified limits.

(ii) Where, subsequent to the submission of a significant industrial user's baseline report,, the user's categorical pretreatment standard is modified by a removal allowance pursuant to 40 C.F.R. 403.7, by the combined wastestream formula pursuant to 40 C.F.R. 403.6(e), or by a fundamentally different factors variance pursuant to 40 C.F.R. 403.13, the user shall submit to the authority any necessary amendments to the information required by subsubsubsections (6) and (7) within 60 days after the modified limit is approved.

(n) Compliance schedule for meeting categorical pretreatment standards. The following conditions shall apply to the schedule required by subsection (m)(7).

(i) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional operation and maintenance measures and/or additional pretreatment measures required for the significant industrial user to meet applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction); provided, that in no event shall an increment referred to in this subsubsection exceed nine months.



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(ii) The significant industrial user shall commit that, not later than 14 days following each date set forth in the schedule and the final date for compliance, it will submit a progress report to the authority that will state, at a minimum, whether it has complied with the increment of progress to be met on such date and, if not, will describe the date on which it expects to comply with the increment of progress, the reasons for delay, and the steps being taken to adhere in the future to the compliance schedule; provided, that in no event shall more than nine months elapse between such reports to the authority.

(o) Report on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with an applicable categorical pretreatment standard or, in the case of a new source, following commencement of the introduction of wastewater into the collection system or the POTW, any significant industrial user subject to the pretreatment standard and its requirements shall submit to the authority a report containing the information described in subsection (m) (4) through (m)(6) of this section. For significant industrial users subject to equivalent mass or concentration limits established by the authority in accordance with the procedures in 40 C.F.R. 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other significant industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production, or other measure of operation, this report shall include the user's actual production during the appropriate sampling period.

(p) Periodic reports on continued compliance.

(1) Any significant industrial user that is subject to a categorical pretreatment standard shall, after the compliance date of the standard or, in the case of a new source, after commencement of its discharge into the collection system or the POTW, submit each year to the authority during the month of June and during the month of December, unless required more frequently in the pretreatment standard or by the authority or the approval authority, a report stating the nature and concentration in the user's effluent of the pollutants which are limited by each pretreatment standard applicable to the user. This report shall also include a record of measured or estimated average and maximum daily flows during the reporting period for the discharge reported in subsection (m) (4) of this section, except that the authority may require more detailed reporting of flows. At the discretion of the authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and similar factors, the authority may agree to alter the months during which the reports required by this subsection shall be submitted.

(2) Where the authority has imposed mass limitations on significant industrial users, as provided for by 40 C.F.R. 403.6(d), the report required by subsubsection (1) shall indicate the mass of pollutants regulated by the applicable pretreatment standards in the discharge from the significant industrial user.

(3) For significant industrial users subject to equivalent mass or concentration limits established by the authority in accordance with the procedures in 40 C.F.R. 403.6(c), the report required by subsubsection (1) shall contain a reasonable measure of the user's long-term production rate. For all other significant industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production, or other measure of operation, the report required by subsubsection (1) shall include the user's actual average production rate for the reporting period.


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(q) Monitoring and analysis to demonstrate continued compliance.

(1) The reports required by subsections (m), (o) and (p) of this section shall contain the results of the sampling and analysis of the discharge of the significant industrial user, including the flow and the nature and concentration, or production and mass where requested by the authority, of the pollutants contained in the discharge which are limited by an applicable pretreatment standard. This sampling and analysis may be performed by the authority in lieu of the user. Where the authority performs the required sampling and analysis in lieu of the user, the user will not be required to submit the compliance certification required under 40 C.F.R. 403.12(b)(6) and 40 C.F.R. 403.12(d). In addition, where the authority itself collects the information required for a report, including flow data, the user shall not be required to submit the report.

(2) If sampling performed by a significant industrial user indicates a violation of any permit condition, the user shall notify the authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis, and submit the results of the repeat analysis to the authority within 30 days after becoming aware of the violation.

(3) The reports required in subsection (p) of this section shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data shall be representative of conditions occurring during the reporting period. The authority shall require monitoring as frequently as necessary to assess and assure compliance by significant industrial users with applicable pretreatment standards and requirements.

(4) All analyses conducted under this subsection shall be performed in accordance with procedures set forth in paragraph (h) of this section.

Sec. 5-6-94 Pretreatment.

(a) Every significant industrial user shall provide all wastewater treatment that is required to enable the user to comply with the terms and conditions of its significant industrial user permit and the requirements of this division within the time limitations specified in its permit, and shall comply with all national categorical pretreatment standards within the time limitations specified by the federal pretreatment regulations. Any equipment or process required to pretreat wastewater to a level acceptable to the authority shall be provided, operated and maintained at the significant industrial user's expense. Detailed plans showing the pretreatment equipment and processes and the operating procedures of a significant industrial user shall be submitted to the engineer for review, and shall be approved by the engineer before the significant industrial user may install the equipment or initiate the processes. The review of such plans shall in no way relieve the significant industrial user of the responsibility of modifying the facility as necessary to produce an effluent acceptable to the authority under the provisions of this division. Any subsequent change in the user's pretreatment equipment or processes or its operating procedures shall be reported to and approved by the engineer prior to the initiation of the change.







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Sec. 5-6-95 Accidental discharge and slug control plan.

(a) Where reasonably appropriate and required by the engineer, an industrial user shall provide protection from spills, leaks and/or slug discharge of prohibited materials and other wastes regulated under this article into the collection system or a POTW. For the purpose of this section a slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge. The results of such activities shall be available to the authority upon request. If the authority decides that an accidental discharge and slug control plan is needed, the plan shall contain, at a minimum, the following elements:

(1) description of discharge practices, including nonroutine batch discharges;

(2) description of stored chemicals,
(3) procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under section 5-6-80 of this division, with procedures for follow up written notifications within five days;

(4) if necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response; or

Facilities to prevent such spills, leaks or slug discharges shall be provided and maintained at the user's expense. Detailed plans showing such facilities and the operating procedures to provide this protection shall be submitted to the engineer for review and shall be approved by the engineer prior to facility construction. The authority, acting through the engineer, shall have the authority and responsibility to enter upon the property of any industrial user at any reasonable time for the purpose of investigating or testing any facility to assure that an accidental spill and slug control plan is at all times fully effective. Accidental spill and slug control plan requirements may be part of the significant industrial user permit issued to significant industrial users.

(b) Immediately following a leak or spill, the industrial user shall notify the engineer or other authority personnel by telephone of the known causes and extent of the leak or spill. Within five days following the leak or spill, the user shall submit to the engineer a detailed written report describing the cause of the leak or spill and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the collection system or the POTW, damage to other property or injury to persons. Further, such notification shall not relieve the user of any liabilities, fines or other penalties which may be imposed under this article or other applicable laws.







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Sec. 5-6-96 Best management practices.

Where reasonably appropriate and required by the engineer, an industrial user shall provide and implement best management practices. The authority, acting through the engineer, shall have the authority and responsibility to enter upon the property of any such user at any reasonable time for the purpose of investigating whether the required best management practices are being followed by the user. Best management practices may be part of the significant industrial user permit issued to significant industrial users.

Sec. 5-6-97 Implementation procedures.

The engineer is hereby authorized to establish such written program implementation procedures as he may deem necessary to implement, administer and enforce the provisions and requirements of this subdivision, including the development for significant industrial users of a compliance schedule for the installation of pretreatment technology required to meet applicable pretreatment standards and requirements, and the development for industrial users of a compliance schedule to meet the requirements imposed by accidental spill and slug control plans or best management practices.

Sec. 5-6-98 Annual notice of significant noncompliance.

The engineer shall publish at least annually, in the largest local daily newspaper, a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements imposed by this subdivision. A user shall, for purposes of this section, be in significant noncompliance for any of the following reasons:

(1) chronic violations of wastewater discharge limits defined as those in which 66 percent or more of all the measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or, where applicable the average limit for the same pollutant parameters;

(2) technical review criteria (TRC) violations, defined as those in which 33 percent or more of the measurements for any pollutant parameter taken during a six-month period equal or exceed the product of the daily average maximum limit or, where applicable, the average limit times the applicable TRC, where the TRC is 1.4 for conventional pollutants and for all other pollutants, except pH, is 1.2;

(3) any other violation of a pretreatment effluent limit, whether daily maximum or long-term average, that the authority determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of authority personnel or the general public;

(4) any discharge of one or more pollutants that has caused imminent danger to human health, welfare or the environment or has resulted in the authority's exercise of its emergency authority under 40 C.F.R. 403.8(f)(1)(vi)(B) to halt or prevent such discharge;

(5) failure to meet, within 90 days after the scheduled date, a compliance milestone, contained in a significant industrial user permit or an enforcement order, for starting construction or attaining final compliance;






56

(6) failure to provide, within 30 days after its due date, any report required by this subdivision, such as a baseline monitoring report, a 90-day compliance report, a periodic self-monitoring report, or a report on compliance with a compliance schedule;

(7) failure to report noncompliance in a timely and accurate manner; or

(8) any violation or group of violations of this division which the authority determines has or will adversely affect the operation or implementation of the local pretreatment program.

Section 5-6-99 Monitoring charges.

Each significant industrial user shall pay all chemical and biological monitoring costs incurred by the authority as required by the user's permit. Payment of these costs shall be made within 30 days of written notice by the authority. The costs shall not exceed the costs actually incurred by the authority.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93

43. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Vacate a Public Alley Right-of-Way Adjacent to the Property at 228 E. Monroe Street. (#23 9/14/93; ROLL-CALL VOTE)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

The ordinance finally passed reads as follows:
ORDINANCE NO. 3662

AN ORDINANCE to vacate the public alley running in a north-south direction adjacent to the eastern boundary of the property located at 228 East Monroe Avenue in the City of Alexandria, Virginia.

WHEREAS, Mark Middendorf ("Applicant") who owns the property at 228 East Monroe Avenue in the City of Alexandria, Virginia, has applied for the vacation of the north-south public alley right-of-way which is adjacent to and runs along the eastern property line of Applicant's property; and

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WHEREAS, the alley right-of-way sought to be vacated is shown on the plat prepared by Dove & Associates and dated April 22, 1993 ("Plat") (attached hereto); and

WHEREAS, the vacation of this alley right-of-way has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and

WHEREAS, the city's real estate assessor has determined that the fair market value of the public alley right-of-way to be vacated by this ordinance is $8,300.00; and

WHEREAS, pursuant to §15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, the public right-of-way to be vacated by this ordinance be purchased by the Applicant for $8,300.00; and

WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicant's agreement to comply with the conditions set forth below and the condition that it purchase the public alley right-of-way to be vacated by this ordinance for $8,300.00, the Council of the City of Alexandria has concluded that the public right-of-way is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the hereinafter described public alley right-of-way, as shown on the Plat, be and the same hereby is vacated:







58

Section 2. That this vacation is subject to the Applicant purchasing the above-described public alley right-of-way for $8,300.00 and to each of the conditions set forth below:

Section 3. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received payment of $8,300.00 referenced in section 2 above, and such receipt is noted on the face of the ordinance prior to its recordation.

Section 4. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 5. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.







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Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until payment of $8,300.00 has been made to the city by the Applicant and the conditions set forth above in section 2 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the payment noted above has been made to the city and the conditions set forth in section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of MARK MIDDENDORF, and such recordation shall be done by the Applicant at his own expense.


Attachment

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93







60

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44. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Extend the Boundaries of the Old and Historic Alexandria District 100 Feet South of Duke Street, between Henry and West Streets. (#24 9/14/93; ROLL-CALL VOTE)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Donley left meeting
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3663

AN ORDINANCE to amend and reordain Sheet Nos. 74.01 and No. 74.02 of the "Old and Historic Alexandria District Map," referenced in Section 10-102 (DISTRICT ESTABLISHED), which are part 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, to extend the boundary of the Old and Historic Alexandria District 100 feet south of Duke Street, between South Henry and South West Streets.

WHEREAS, the planning commission has initiated on its own motion a zoning map amendment to extend the boundary of the Old and Historic Alexandria District 100 feet south of Duke Street, between South Henry and South West Streets; and

WHEREAS, the said map amendment is necessary to conform the boundaries of the Old and Historic Alexandria District as called for in the Southwest Quadrant Small Area Plan Chapter of the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and

WHEREAS, all requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet Nos. 74.01 and 74.02 of the "Old and Historic Alexandria District Map" referenced in section 10-102, which are part of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, amended by extending the boundary of the said district, which presently follows the centerline of Duke Street, south, to a line 100 feet south of the south right-of-way line of Duke Street, between the centerline of South Henry Street and the centerline of South West Street, as generally shown on the sketch plan entitled "RZ #93-04," dated June 1, 1993, attached hereto and incorporated herein by reference.

Section 2. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendment on the said map.




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Section 3. That Sheet Nos. 74.01 and 74.02 of the "Old and Historic Alexandria District Map" which is part of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93

45. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Rezone the Properties at 6121 and 6137 Lincolnia Road, from OCM (50) to OCM (100). (#25 9/14/93; ROLL-CALL VOTE)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Speck and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Cleveland "aye" Donley left meeting
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

The ordinance reads as follows:
ORDINANCE NO. 3664
AN ORDINANCE to amend and reordain Sheet No. 37.00 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 6121 and 6137 Lincolnia Road (Zoning Map and Tax Map Parcel Nos. 37.00-02-10 and 37.00-02-11) from OCM(50)/ Office Commercial Medium(50) Zone to OCM(100)/Office Commercial Medium(100) Zone.

WHEREAS, the planning commission, on its own motion, has initiated the rezoning of the properties known as 6121 and 6137 Lincolnia Road (Zoning Map and Tax Map Parcel Nos. 37.00-02-10 and 37.00-02-11), from OCM(50)/Office Commercial Medium(50) Zone to OCM(100)/Office Commercial Medium(100) Zone; and

WHEREAS, the said rezoning is a technical correction to the zoning map to bring the zoning of said properties into conformity with the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and

WHEREAS, all requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
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Section 1. That Sheet No. 37.00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereafter described:

Section 2. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendment on the said map.

Section 3. That Sheet No. 37.00 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93

46. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Rezone the Property at 101 South Whiting Street, from CRMU-M to CRMU-H. (#26 9/14/93; ROLL-CALL VOTE)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Speck "aye" Donley left meeting
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

The ordinance finally passed reads as follows:







64
ORDINANCE NO. 3665

AN ORDINANCE to amend and reordain Sheet No. 47.00 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 101 South Whiting Street (Zoning Map and Tax Map Parcel No. 47.00-04-04) from CRMU-M/Commercial Residential Mixed Use-Medium Zone to CRMU-H/Commercial Residential Mixed Use-High Zone.

WHEREAS, the planning commission, on its own motion, has initiated the rezoning of the property known as 101 South Whiting Street (Zoning Map and Tax Map Parcel No. 47.00-04-04), from CRMU-M/Commercial Residential Mixed Use-Medium Zone to CRMU-H/Commercial Residential Mixed Use-High Zone; and

WHEREAS, the said rezoning is a technical correction to the zoning map to bring the zoning of said property into conformity with the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and

WHEREAS, all requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 47.00 of the "Official Zoning Map, Alexandria, Virginia, " adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereafter described:

Section 2. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendment on the said map.

Section 3. That Sheet No. 47.00 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning ordinance.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93




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47. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Rezone the Property at 270 South Reynolds Street, from CSL to POS. (#27 9/14/93; ROLL-CALL VOTE)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Donley left meeting
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3666

AN ORDINANCE to amend and reordain Sheet No. 58.00 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 270 South Reynolds Street (Zoning Map and Tax Map Parcel No. 58.00-01-06) from CSL/Commercial Service Low Zone to POS/Public Open Space and Community Recreation Zone.

WHEREAS, the planning commission, on its own motion, has initiated the rezoning of the property known as 270 South Reynolds Street (Zoning Map and Tax Map Parcel No. 58.00-01-06), from CSL/Commercial Service Low Zone to POS/Public Open Space and Community Recreation Zone; and

WHEREAS, the said rezoning is a technical correction to the zoning map to bring the zoning of said property into conformity with the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and

WHEREAS, all requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 58.00 of the "Official Zoning Map, Alexandria, Virginia, " adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereafter described:

Section 2. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendment on the said map.



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Section 3. That Sheet No. 58.00 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93

48. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Authorize the Conveyance of the Alexandria Academy, Located at South Washington and Wolfe Streets, to the Historic Alexandria Foundation, Inc. (#28 9/14/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated September 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 48; 9/18/93, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Jackson and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Rich "aye" Cleveland "aye"
Jackson "aye" Donley left meeting
Ticer "aye" Pepper "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3667

AN ORDINANCE approving and authorizing the conveyance of the property known as the Alexandria Academy, located at 410 South Washington Street, to the Historic Alexandria Foundation, Inc.

WHEREAS, the Alexandria Academy is one of the city's most historic buildings, because of its association with George Washington and the development of a system of public and private education in the City of Alexandria in the 18th and 19th centuries; and

WHEREAS, the city council has heretofore determined that the historic importance of the Alexandria Academy will best be preserved by conveying the property to a qualified organization to restore, use and maintain the property in an historically appropriate manner, and in pursuance thereof issued a request for proposals on January 8, 1993; and

WHEREAS, the city council has selected the Historic Alexandria Foundation, Inc., as the appropriate entity to restore, use and maintain the Academy, subject to the terms and conditions set forth herein, and

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WHEREAS, the disposition of the Alexandria Academy has heretofore been approved by the planning commission and city council, pursuant to section 9.06 of the city charter; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the conveyance of the Alexandria Academy, located at 410 South Washington Street, Alexandria, Virginia, and more particularly described as Tax Map Parcel No. 74.04-10-02-02, as the same appears upon a plat attached to a deed of subdivision and consolidation, recorded in deed book 1012, page 654, among the land records of the City of Alexandria, Virginia, together with a perpetual easement and right-of-way in, through and over that certain Tax Map Parcel No. 74.04-10-02 (erroneously referred to in said deed of subdivision and consolidation as parcel 74.04-10-02-02 but correctly shown on the plat attached thereto as parcel 74.04-10-02) and parcel 74.04-10-02-01, as shown on said plat, recorded in deed book 1012, page 654, and further as shown on the plat entitled "Plat Showing Ingress, Egress and Parking Easements'," recorded among the land records of the City of Alexandria in deed book 1013, page 48, to the Historic Alexandria Foundation, Inc., be, and the same hereby is, authorized.

Section 2. That the said conveyance shall be subject to the following terms and conditions:

1. The consideration for the conveyance shall be the undertaking by the Historic Alexandria Foundation, Inc., of all costs associated with the restoration of the building and of all future costs of maintenance and care required to assure the historic preservation of the Academy.

2. The restoration of the Academy shall begin within two years of the date of the deed of conveyance and be completed no later than four years from the date of the deed of conveyance.

3. All restoration shall be planned and supervised by a professional architect experienced in historic restoration and the work shall comply with all City of Alexandria planning, zoning and building codes and ordinances.

4. All restoration work shall be performed by a contractor experienced in historic restoration.

5. All restoration work must comply with the requirements of the American with Disabilities Act to make the Academy accessible to persons with disabilities.

6. All restoration work shall be in accordance with the findings of the Phillips and Buchanan study of the Alexandria Academy performed in 1987.

7. The Academy building shall be open to the public at least once a year at times mutually agreed between the Historic Alexandria Foundation, Inc., and the city manager for the purpose of conducting educational tours relating to the history and restoration of the building.

8. No later than 90 days after the date of the deed of conveyance, the Historic Alexandria Foundation, Inc., shall grant to the Alexandria Historical Restoration and Preservation Commission an easement for all exterior facades and any historically significant interior rooms of the Academy building, as determined by the Director of the City of Alexandria Office of Historic Alexandria.




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9 All future use of the Academy property shall substantially conform to the section entitled "Use of the Restored Academy," as same appears on pages 12 and 13 of the Response to Request for Proposal Number 4682, submitted by the Historic Alexandria Foundation, Inc., and dated April 28, 1993.

10. The deed of conveyance shall contain reasonable assurances and remedies, to the satisfaction of the city attorney, to assure the performance of the conditions and requirements hereinabove described.

Section 3. That the city manager be, and hereby is, authorized, on behalf of the City of Alexandria, to do all things necessary and desirable to carry out the conveyance of the Alexandria Academy as described in this ordinance, including but not limited to the execution and delivery of a deed of conveyance and all other documents necessary to accomplish the conveyance.

Section 4. That the city clerk be, and hereby is, authorized and directed to attest, wherever necessary, the execution of the documents referred to in Section 3 above, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93

49. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Provide Supplemental Appropriations of Amounts Required to Defray Certain Expenditures and Liabilities of the City's Department of Mental Health, Mental Retardation and Substance Abuse in Fiscal Year 1994. (#29 9/14/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated September 10, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 49; 9/18/93, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Jackson and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Speck "aye" Cleveland "aye"
Jackson "aye" Donley left meeting
Ticer "aye" Pepper "aye"
Rich "aye"







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The ordinance finally passed reads as follows:
ORDINANCE NO. 3668

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 1994, which began on the first day of July 1993 and ends on the thirtieth day of June 1994.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the City Council of Alexandria, Virginia, does hereby make provision for and appropriate to the Special Revenue Fund the amount of $987,376, which amount is required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of said amount being external grant awards for which revenues were authorized and adjusted after July 1, 1993, but not appropriated, and further that the council does hereby allot said amount to the department of mental health, mental retardation and substance abuse for fiscal year 1994.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/16/93; 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93

50. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to Authorize the Conveyance of the City's Interest in the Property Known as the District Nursing Home, Located in Warrenton, Virginia, to Jacquelyn T. Murri or Her Assigns. (#31(b) 9/14/93; ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated September 7, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 50; 9/18/93, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0 City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Rich "aye" Donley left meeting
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"

The ordinance finally passed reads as follows:




70
ORDINANCE NO. 3669

AN ORDINANCE authorizing the conveyance of the interest of the City of Alexandria in the property known as the District Nursing Home in Warrenton, Virginia, which interest the City derives from its membership on the District Home Board, to Jacquelyn T. Murri or her assigns.

WHEREAS, the City of Alexandria and the Counties of Fairfax, Fauquier, Loudoun and Prince William, which jurisdictions constitute the District Home Board (the "Jurisdictions"), own, as tenants in common, the property known as the District Nursing Home in Warrenton, Virginia, which property is described in Deed Book 400, Pages 226-227, in the land records of Fauquier County (the "Property"); and

WHEREAS, the Jurisdictions have determined that they have no need to continue owning the Property and have been seeking purchasers for it; and

WHEREAS, Jacquelyn T. Murri now desires to purchase the Property for the sum of $400,000, to be paid in cash or by certified check at settlement; and

WHEREAS, the city council has determined that the sale of the Property to Ms. Murri or her assigns is in the best interest of the City of Alexandria, and desires to authorize the conveyance of its interest in the Property to Ms. Murri or her assigns; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, subject to the receipt by the District Home Board of a payment of $400,000, in cash or by certified check, the city council hereby does approve and authorize the conveyance, and hereby does convey, to Jacquelyn T. Murri, or her assigns, any and all of the interest of the City of Alexandria in the Property.

Section 2. That the city manager or her designee shall be and hereby is authorized to do all things necessary and desirable, on behalf of the City of Alexandria, to carry out the conveyance approved and authorized by this ordinance, including but not limited to the execution of deeds, contracts and other appropriate documents.

Section 3. That the city clerk shall be and hereby is authorized to attest to the execution of any documents by the city manager or her designee pursuant to the authority granted by Section 2, and to affix thereon the official seal of the City of Alexandria.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/14/93
First Reading: 9/14/93
Publication: 9/17/93
Public Hearing: 9/18/93
Second Reading: 9/18/93
Final Passage: 9/18/93







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR 51 - 61

51. SUP #1220-B - Public Hearing and Consideration of a request for a Special Use Permit to amend the hours of operation of the existing convenience store and valet service located within the Fountains Condominium at 301 North Beauregard Street; zoned RC, Residential. Applicant: Katayoun Mansourkia.

52. SUP #2701 - Public Hearing and Consideration of a request for a Special Use Permit to operate a palm reading business (amusement enterprise) located at 112 King Street; zoned CD, Commercial Downtown. Applicant: Eda Megel, by John T. Donelan, attorney.

53. ENCROACHMENT #93-002 - Public Hearing and Consideration of a request for an encroachment into the public street right-of-way for a brick fence and landscaping for the property located in the 200 block of Holly Street; zoned R-8, Residential. Applicant: Virginia Building Corporation, by Carson Lee Fifer, Jr., attorney.

54. SUP #1421-C - Public Hearing and Consideration of revocation of a Special Use Permit for the automobile repair garage located at 3507 Mount Vernon Avenue, in the name of Precision Tune #7203, Powers Enterprises, Inc.; zoned CSL, Commercial Service Low. Applicant: City of Alexandria, Department of Planning and Community Development.

55. SUP #1944-B - Public Hearing and Consideration of a request for a Special Use Permit to (a) add outdoor seating, (b) amend the hours of operation, and (c) add outdoor music speakers to the existing restaurant located at 1 Cameron Street; zoned CD, Commercial Downtown. Applicant: Chart House, Inc., by Lewis M. Jackson.

COMMISSION ACTION: Recommend Deferral to October Hearing 7-0.
56. SUP #2193-D - Public Hearing and Consideration of a request for a Special Use Permit to construct storage buildings for the Saint Stephen's School property located at 1000 Saint Stephen's Road; zoned R-12, Residential. Applicant: St. Stephen's and St. Agnes Schools, by Patti Woods.







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57. SUP #2378-B - Public Hearing and Consideration of a review of a Special Use Permit for the existing restaurant and outdoor seating area located at 1755 Duke Street; zoned OCH, Office Commercial High. Applicant: Metropolis Limited Partnership, by David N. VonStorch.

58. SUP #2709 - Public Hearing and Consideration of a request for a Special Use Permit to install a temporary trailer for office use for the existing automobile sales business located at 200 South Pickett Street; zoned CG, Commercial. Applicant: Stohlman Automotive Group, Inc., by William W. Merriam.

59. SUP #2712 - Public Hearing and Consideration of a request for a Special Use Permit to operate a restaurant and bakery with carry-out service located at 1201 North Royal Street; zoned CDX, Commercial Downtown. Applicant: Charles Oppman.

60. SUP #2716 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 2603 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Dave Cheng's Corporation, by Chien Hui Cheng.

61. SUP #2718 - Public Hearing and Consideration of a request for a Special Use Permit to operate a convenience store located at 1039 West Glebe Road; zoned CG, Commercial General. Applicant: Caroline T. Vasquez.
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council noted the deferrals and withdrawals. The voting was as follows:

Cleveland "aye" Donley left meeting
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"







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New Business Item No. 2: Mayor Ticer announced the following Work Sessions:
  • Tuesday, September 28, 6:00 p.m., in the Council Workroom to discuss the restaurant policy.
  • Monday, October 25, at 7:30 p.m., in the Council Workroom, with the City Council and School Board, to discuss demographics as they relate to the schools.
  • Monday, November 15, at 7:30 p.m., at Minnie Howard, with the City Council and School Board, to discuss other issues, such as charter schools and choice.

    THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, at 4:12 p.m., the Public Hearing Meeting of Saturday, September 18, 1993, was adjourned. The voting was as follows:

    Jackson "aye" Cleveland "aye"
    Pepper "aye" Donley left meeting
    Ticer "aye" Rich "aye"
    Speck "aye"


    APPROVED BY:


    ____________________________

    PATRICIA S. TICER MAYOR
    ATTEST:


    ________________________________
    Beverly I. Jett, CMC City Clerk







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    This docket is subject to change.

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