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Public Hearing Meeting
Saturday, October 13, 2007 - - 9:30 a.m.

* * * * *

Present: Mayor William D. Euille, Vice Mayor Redella S. Pepper, Members of Council Ludwig P. Gaines, K. Rob Krupicka, Timothy B. Lovain, Paul C. Smedberg and Justin M. Wilson.

Absent: None.

Also Present: Mr. Hartmann, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Caton, Legislative Director; Ms. Hamer, Director, Planning and Zoning (P&Z); Mr. Josephson, Deputy Director, P&Z; Mr. Farner, Division Chief, P&Z; Mr. Baier, Director, Transportation and Environmental Services (T&ES); Ms. Davis, Director, Office of Housing; Ms. Haefeli, Principal Planner, P&Z; Ms. Sun, Urban Planner, P&Z; Ms. Mitten, Urban Planner, P&Z; Mr. Bray, Urban Planner, P&Z; Ms. Rafferty, Urban Planner, P&Z; Ms. Buchanan, Code Enforcement, Fire; Ms. Baker, City Engineer, T&ES; Mr. Blakely, Deputy Director, Recreation, Parks and Cultural Activities; Mr. Wagner, Principal Planner, P&Z; Mr. Kagawa, Landscape Architect, Recreation, Parks and Cultural Activities; Mr. Bernstein, Civil Engineer, T&ES; Ms. Carton, Recreation, Parks and Cultural Activities; Mr. R. Saenz, ITS; Mr. D. Saenz, ITS; Police Captain Aden; and Mr. Lloyd.


Recorded By: Gloria Sitton, Deputy City Clerk and Clerk of Council

OPENING

1. Calling the Roll.

Mayor Euille called the meeting to order and the Deputy City Clerk called the roll. All the members of Council were present.

2. Public Discussion Period.

(a) Gary Carr, 216 Aspen Street, requested that Council increase the number of running tracks in the City for citizen use.

Councilman Gaines requested that staff present a report about the status and future plans for running tracks in the City.

Mayor Euille stated that he and Councilman Gaines would meet with Mr. Carr, the Director of Recreation, Parks and Cultural Activities, and school officials as soon as possible to address the concerns about the lack of tracks in the City.

(b) Don Mela, 501 Slaters Lane, #722, spoke in support of the Immigration Human Rights Resolution passed at the October 9 legislative meeting.

(c) Matt Harris, 505 East Braddock Road, spoke on behalf of the Human Rights Commission in support of the Immigration Human Rights Resolution passed at the October 9 legislative meeting.

(d) Julie Crenshaw Van Fleet, 26 Wolfe Street, spoke in opposition to the Immigration Human Rights Resolution passed at the October 9 legislative meeting. Mrs. Van Fleet stated the difference between diversity and illegal status was not made clear in the resolution. (see attached verbatim transcript for the record)

(e) Amy Slack, 2307 East Del Ray, reported that the Art on the Avenue event held last week in the Del Ray community was a huge success and thanked Council for their support of the event and their tireless service in the City.

(f) Timothy Shaheen, 121 South Royal Street, thanked Council for the help with issues affecting the businesses around the Kimpton Hotel, which is under construction.

(g) Jon Liss, 3801 Mount Vernon Avenue, spoke on behalf of Tenants and Workers United in support of the Immigration Human Rights Resolution passed at the October 9 legislative meeting and offered suggestions for expanding immigrant rights.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR1 (3-8)

Planning Commission

3. SPECIAL USE PERMIT #2007-0041
1500 KING STREET
CHILD CARE FACILITY
Public Hearing and Consideration of a request to operate a child care facility; zoned OCH/Office Commercial High. Applicant: K&L, LLC by Jerry Pnevmatikatos

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 6, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 10/13/07, and is incorporated as part of this record by reference.)

4. SPECIAL USE PERMIT #2007-0072
816 MADISON STREET
HOME CHILD DAY CARE
Public Hearing and Consideration of a request to operate a home child day care; zoned RB/Residential. Applicant: Roberta Jackson

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 2, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/13/07, and is incorporated as part of this record by reference.)

5. SPECIAL USE PERMIT #2007-0073
831 & 833 BASHFORD LANE
PARKING REDUCTION
Public Hearing and Consideration of a request for a parking reduction at an apartment complex; zoned RB/Residential. Applicant: RPJ Housing Development Corp.

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 2, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/13/07, and is incorporated as part of this record by reference.)

6. SPECIAL USE PERMIT #2007-0074
4653 DUKE STREET
JAMBA JUICE
Public Hearing and Consideration of a request to operate a restaurant; zoned CG/Commercial General. Applicant: Jamba, Inc by Duncan Blair, attorney

PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0

(A copy of the Planning Commission report dated October 2, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/13/07, and is incorporated as part of this record by reference.)

7. SPECIAL USE PERMIT #2007-0057
1203 KING STREET
FAR INCREASE
Public Hearing and Consideration of a request for an increase of the floor area ratio and a parking reduction; zoned CD/Commercial Downtown. Applicant: Art Underfoot, Inc by Nabi Nasseri

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 6, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 10/13/07, and is incorporated as part of this record by reference.)

8. ENCROACHMENT #2007-0007
700 SOUTH ROYAL STREET
FENCE ENCROACHMENT
Public Hearing and Consideration of a request for an encroachment into the public right-of-way; zoned RM/Residential. Applicant: James Warbasse by Duncan Blair

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 2, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/13/07, and is incorporated as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the action consent calendar, with the removal of docket items #3 and #4, which were considered under separate motions. The approval was as follows:

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation.

The voting was as follows:

Krupicka "aye" Gaines "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"


3. SPECIAL USE PERMIT #2007-0041
1500 KING STREET
CHILD CARE FACILITY
Public Hearing and Consideration of a request to operate a child care facility; zoned OCH/Office Commercial High. Applicant: K&L, LLC by Jerry Pnevmatikatos

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 6, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 10/13/07, and is incorporated as part of this record by reference.)

Councilman Wilson noted, for the record, that his son attended daycare at this facility for two and a half years. Councilman Wilson stated that after consulting with the City Attorney, he does not have a conflict of interest concerning this item.

Councilman Wilson requested that condition #8 concerning underage sales of alcohol be removed from the SUP.

Councilman Gaines inquired about the outcome of Fairfax County's investigation of the facility. In response, Deputy Director Josephson stated there were no violations found by the Fairfax County at this facility.

Vice Mayor Pepper asked when the playground would be ready for use by the daycare center. The applicant stated that the playground would be ready by November 1.

Councilman Smedberg asked whether Council could have any input about policy issues concerning daycare facilities. In response, Deputy Director Josephson stated that the City included, as part of the review process, comments from the local Human Services Department, which would highlight any problems if they exist.

Councilman Krupicka requested that the applicant post what the number of children that are being served at the facility are and the number of children signed up for service at the facility be posted in a prominent place.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council approved the Planning Commission recommendation with the following amendments: (1) removal of condition #8 preventing underage sales of alcohol and (2) inclusion of a requirement that requires the facility to post the number of children being served per day, as well as the number children the facility is allowed to serve. The voting was as follows:

Pepper "aye" Krupicka "aye"
Gaines "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

4. SPECIAL USE PERMIT #2007-0072
816 MADISON STREET
HOME CHILD DAY CARE
Public Hearing and Consideration of a request to operate a home child day care; zoned RB/Residential. Applicant: Roberta Jackson

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 2, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/13/07, and is incorporated as part of this record by reference.)

Councilman Smedberg asked whether there were any policy concerns surrounding the operation of this business, since it will be located in an Alexandria Redevelopment and Housing Authority (ARHA) property. In response, Deputy Director Josephson stated there are no issues involved in the operation of the business and ARHA has authorized the business.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilman Gaines and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows:

Smedberg "aye" Pepper "aye"
Gaines "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Wilson "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

9. Public Hearing to Obtain Citizens Input on the City's Proposed Fiscal Year 2009 Budget and Capital Improvement Program (CIP).

Director Johnson, Office of Management and Budget, gave a brief presentation about the budget and the schedule for presentation before Council.

The following persons participated in the public hearing:

(a) Tracy Rickett, 23 West Glendale Avenue, spoke on behalf of the Budget and Fiscal Affairs Advisory Committee (BFAAC), re-emphasizing two themes: (1) the adherence to sound financial policies and procedures and (2) the importance of maintaining a long term perspective. Mr. Rickett stated that BFAAC continues to support the Managing for Results Initiatives and its emphasis on performance measures, as well as determining the cost of current services as a foundation for building the budget. Mr. Rickett stated that the BFAAC saw the use of expenditure targets as a positive, useful step and should challenge the City Manager to propose innovative ways to restrain spending. Mr. Rickett also stated that BFAAC urges Council to adhere to current debt policy guidelines and suggested that some major Capital Improvement Projects be deferred, scaled down or eliminated to stay within the debt policy guidelines.

(b) Carol Freeman, 5249 Duke Street, spoke on behalf of Northern Virginia Family Services/Healthy Families Alexandria, thanking Council for their support of Human Services and encouraged their continued support. Ms. Freeman requested that Council consider implementing the recommendation from the Universal Preschool Task Force. Ms. Freeman also encouraged Council to maximize resources that will address the continuing community need for affordable housing, transitional housing programs, voucher programs, and rental assistance programs.

(c) Dagobert Soergel, 504 North Quaker Lane, spoke on behalf of the Child and Family Network Centers, requesting that Council invest more in Early Childhood Education and Development by increasing support of private organizations working with early childhood development.

(d) Fay Slotnick, 1224 Princess Street, spoke on behalf of the Parent Leadership Training Institute (PLTI) of Alexandria, thanking Council for their support and asked for increased support of the City for continuing training of citizens to become advocates in the community.

(e) Diane L. Charles, 1705 Fern Street, spoke on behalf of SCAN of Northern Virginia, requesting that Council consider increased support of parenting education in the community.

(f) Carl D. Behnke, 700 Princess Street, spoke on behalf of Senior Services of Alexandria, thanking Council for their past support and asked for their continued support of senior programs in the City. Mr. Behnke noted that there was a growth in the senior population leading to an increased demand on the programs provided by Senior Services.

(g) Michael Anderson, 2100 Second Street, SW, Washington, D.C., spoke on behalf of Offender Aid and Restoration (OAR) at Alexandria Detention Center, requesting Council support of the OAR program to educate and train ex-offenders.

(h) James Lightfoot, 4323 Stream Bed Way, spoke on behalf of Offender Aid and Restoration at Alexandria Detention Center, requesting additional funding from the City in order to continue the OAR program to help ex-offenders reenter society.

(i) Rick Dorman, 2724 Kenwood Avenue, spoke on behalf of the Chamber of Commerce, urging Council to find other revenue sources through expansion and growth to help control rising real estate tax bills.

(j) Elizabeth Moon, 1110 West Mason Avenue, spoke on behalf of the Chamber of Commerce, requesting that Council renew its commitment to improving the City's waterfront by considering increased funding for redevelopment during the budgeting process.

(k) Rosie Monge, 3801 Mount Vernon Avenue, spoke on behalf of Tenants and Workers United about the health challenges experienced by disenfranchised residents of the City and requested $2 million for funding for the health clinics in the City. Ms. Monge also requested a budget increase for education to promote college preparation for students.

(l) Judy-Guse Noritake, 605 Prince Street, spoke on behalf of the Park and Recreation Commission about the funding for capital improvements projects that will affect the Parks and Recreation facilities throughout the City. Ms. Noritake requested that Chinquapin remain a priority because of the critical programming needs at the center.

(m) Ellen Stanton, 2600 King Street, spoke on behalf of Historic Alexandria Resources Commission, requesting Council's continued support in maintaining the historic properties and resources throughout the City.

(n) Barbara Fox Mason, 3701-A Mount Vernon Avenue, spoke on behalf of the Child and Family Network Centers (CFNC), requesting increased support of programs to help families and early childhood education. Ms. Mason noted that without the support from the City, CFNC will be forced to cut many of the programs that are making a difference.

(o) Kate Boyce, 106 West Rosemont Avenue, spoke on behalf of the Child and Family Network Centers, requesting increased support of the early childhood education for children from underprivileged families. Ms. Boyce noted that there is not state support for the programs provided by CFNC.

(p) Sharon Shackelford, 607 Johnston Place, spoke on behalf of the Child and Family Network Centers, requesting increased support for early childhood education for underprivileged families.

(q) William Hahn, 1250 South Washington Street, #610, spoke on behalf of the Porto Vecchio Condominiums, requesting support for the an environmental study of the river sedimentation in the Potomac River surrounding the Porto Vecchio area. Mr. Hahn stated that the Porto Vecchio residents submitted a letter to City Manager Hartmann requesting the inclusion of the environmental study in the budgeting process.

(r) Sherry Wilson Brown, 1600 Prince Street, Unit 603, requested increased support of the arts in the City of Alexandria.

(s) Sean McEnearney, 2736 Franklin Street, spoke on behalf of the Early Childhood Commission, requesting increased support of the early childhood commission in order to meet the expectations of a joint resolution between Council and the School Board. Mr. McEnearney stated that the Early Childhood Commission would like to work with Council to come up with creative ways to address early childhood education in the community.

WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing on the City's Proposed Fiscal Year 2009 Budget and Capital Improvement Program (CIP). The voting was as follows:

Gaines "aye" Krupicka "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

10. Public Hearing to Obtain Citizen Comment on the Report of the Committee on the Election Process for the Alexandria City Council and the Alexandria School Board. (#25, 6/26/07)

(A copy of the City Manager's memorandum dated June 21, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/13/07, and is incorporated as part of this record by reference.)

Legislative Director Caton gave a brief status update of the report of the Committee on the Election Process.

The following persons participated in the public hearing:

(a) Scott McGeary, Washington Gas, 6801 Industrial Road, Springfield, spoke on behalf of the Chamber of Commerce, recommending the following changes to the City Council concerning the election process: (1) elections for City Council and School Board should be moved to November to increase voter turnout and save the City money; (2) terms should be staggered, enabling each candidate to stand for election on his/her own merit and continuity of policy and institutional knowledge; (3) Council seats should remain at-large; (4) the system should remain a partisan system; and (5) compensation should be considered by Council.

(b) Don Mela, 501 Slaters Lane, #722, agreed with the conclusions of the committee and reviewed reasons why there was not increased participation in the local elections.

Councilman Krupicka asked Mr. Mela to characterize some of the demographic differences of the voters in the City of Alexandria. In response, Mr. Mela noted that in Council elections, there was a higher percentage of voters from single family residences and higher income neighborhoods with older populations.

(c) Julie Crenshaw Van Fleet, 26 Wolfe Street, stated that she believed that districts or wards may be beneficial and the mix is necessary. The report reflected the committee comments and not those who participated in the public hearing, and she encouraged Council to listen to the comments made at the public hearing. Ms. Van Fleet stated that she thought it should go back to the 1932 way and that keeping the same structure is not offering the citizens the best mix of decisionmakers, viewpoints and representation.

(d) Amy Slack, 2307 East Randolph Avenue, asked Council to review the email from David Fromm concerning the election process.

Councilman Wilson asked if there was citizen survey conducted including questions about voting habits. In response, Legislative Director Caton stated there was not a survey.

Councilman Gaines noted that there were specific cause for low voter turnout and suggested that the absentee ballot process could be a possible solution. Mr. Caton pointed out that the General Assembly is not open to extending the uses of absentee ballots.

(e) Annabelle Fisher, 5001 Seminary Road, spoke in favor of having some candidates that were elected by districts, as well as at-large, to give more people the opportunity to serve on Council.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing on the Report of the Committee on the Election Process for the Alexandria City Council and the Alexandria School Board and recommended that the Mayor appoint two Council members to study the input, examine ways to improve election participation in elections and bring a recommendation to Council in the future. The voting was as follows:

Krupicka "aye" Gaines "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

11. SPECIAL USE PERMIT #2007-0064
1447 DUKE STREET & 346 COMMERCE STREET
CHILD CARE FACILITY
Public Hearing and Consideration of a request to operate a child care facility; zoned CD/Commercial Downtown. Applicant: J&S, LLC by Jerry Pnevmatikatos

PLANNING COMMISSION ACTION: Recommend Approval 6-0-1

(A copy of the Planning Commission report dated September 6, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/13/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Wilson and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation with an additional amendment requiring the applicant to display the number of children being served at the facility. The voting was as follows:

Pepper "aye" Gaines "aye"
Wilson "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Smedberg "aye"

*******
Council recessed the meeting at 12:03 p.m. for a break.

Council reconvened the meeting at 12:18 p.m.
*******
12. SPECIAL USE PERMIT #2007-0094
1800 EISENHOWER AVENUE
CARLYLE SPECIAL USE PERMIT
AMENDMENT-BLOCK P DESIGN GUIDELINES
Public Hearing and Consideration of a request to amend the Carlyle special use permit approval to revise the design guidelines for Block P; zoned CDD-1/Coordinated Development District. Applicant: Carlyle P, LLC by Jonathan P. Rak, attorney

PLANNING COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated October 2, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/13/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows:

Pepper "aye" Krupicka "aye"
Gaines "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

Please note: Docket Items #13, #15 and #16 were considered together.

13. SPECIAL USE PERMIT #2007-0006
3902 & 3910 OLD DOMINION BOULEVARD
PARKING REDUCTION
Public Hearing and Consideration of a request for a parking reduction; zoned RA/Residential. Applicant: Alexandria Redevelopment and Housing Authority & EYA Development, Inc. by Jonathan Rak, attorney

PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0

(A copy of the Planning Commission report dated October 2, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/13/07, and is incorporated as part of this record by reference.)

15. DEVELOPMENT SPECIAL USE PERMIT #2006-0031
3909, 3913 & 3919 OLD DOMINION BOULEVARD
(Building Addresses: 3909, 3911, 3913, 3915, 3919 & 3921 Old Dominion Boulevard)
OLD DOMINION EAST
Public Hearing and Consideration of a request for a development special use permit, with site plan, subdivision and modifications, to construct multifamily residential buildings, a request for a parking reduction, approval of bonus density and/or floor area for affordable housing pursuant to Section 7-700 of the Zoning Ordinance, and approval of a lot without street frontage pursuant to Section 7-1007; zoned RA/Residential.
Applicant: Alexandria Redevelopment and Housing Authority & EYA Development, Inc. by Jonathan Rak, attorney

PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0

(A copy of the Planning Commission report dated October 2, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/13/07, and is incorporated as part of this record by reference.)

16. DEVELOPMENT SPECIAL USE PERMIT #2006-0030
813 WEST GLEBE ROAD
(Building Addresses: 811, 813, 815, 817, 819 West Glebe Road)
WEST GLEBE
Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications, to construct multifamily residential buildings, a request for a parking reduction, and approval of bonus density and/or floor area for affordable housing pursuant to Section 7-700 of the Zoning Ordinance; zoned RA/Residential. Applicant: Alexandria Redevelopment and Housing Authority & EYA Development, Inc. by Jonathan Rak, attorney

PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0

(A copy of the Planning Commission report dated October 2, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/13/07, and is incorporated as part of this record by reference.)

Members of the Planning and Zoning staff and Office of Housing staff gave a brief presentation of the proposed project and responded to questions from City Council.

The following persons participated in the public hearing:

(a) Ed Ablard, 18 West Del Ray Avenue, stated that he attended many of the task force meetings concerning the proposed project and he did not concur with the staff evaluation of the project. Mr. Ablard suggested training the task force members before appointing them to evaluate projects. Mr. Ablard noted that the requirements for accessibility are removed, referencing a letter from Jonathan Rak, dated October 2, 2007.

Assistant Fire Marshal Buchanan responded to Council concerns about the accessibility.

(b) Amy Slack, 2307 East Randolph Avenue, stated that the project is a true compromise and that staff has been bold in recommending a mix of housing types for this community. Ms. Slack stated that she hoped no federal funding and interjurisdictional cooperation opportunities be missed in the decisionmaking process. Ms. Slack noted that she hoped that structural soils be used in the project.

(c) James R. Rorke, 3816 Charles Avenue, president of Lenox Place, spoke in support of the project with some conditions. Mr. Rorke stated that the residents of Lenox Place have worked to make this the best compromise possible. Mr. Rorke noted that the public dumpsters were an eyesore on the community and he hoped that they would not be part of the project. Mr. Rorke stated that the community would like to work with Council and staff to come to the best possible solution for the project.

(d) Melissa Garcia, 507 Shorter Lane, gave conditional support and stated that City Council should be sure that ARHA lives up to its charter to provide oversight and to provide a higher management standard going forward.

(e) Johan Broekhuysen, 3922 Charles Avenue, stated that the issue is a complicated one that impacts those living in ARHA properties, as well as the surrounding neighbors. Mr. Broekhuysen stated that proper management of the properties is essential in maintaining the upkeep. Mr. Broekhuysen also stated that parking has always been a problem in the surrounding neighborhood. Mr. Broekhuysen stated there needed to be a comprehensive look at affordable housing throughout the City.

(f) Kevin Beekman, 3905 Elbert Avenue, stated that the composition of the work group should be carefully examined for future task force. Mr. Beekman noted that residential permit parking has been discussed for a number of years in the area and there is a definite interest in creating new districts. Mr. Beekman stated that there was a need for engagement in order to keep the surrounding neighborhood informed going forward.

(g) Robin Roberts, 3923 Charles Avenue, stated that there needed to be a firm management plan put in place by ARHA in order for the housing to be successful. Mr. Roberts also pointed out there is not efficient public transportation in the area and the issue should be addressed. Mr. Roberts requested that a comprehensive plan that addressed all the future residents needs be developed in order to avoid a piecemeal approach to coming to a solution.

(h) Jonathan Rak, 1750 Tysons Boulevard, McLean, attorney for the applicants, reviewed the specifics of the proposed project and responded to questions from Council.

(i) Carlyle C. Ring, Jr, 308 Monticello Boulevard, Vice Chairman of ARHA, responded to questions from Council about ARHA management and maintenance of the property.

(j) Roy Priest, 600 North Fairfax Street, Executive Director of ARHA, explained the management structure of ARHA properties and responded to questions from Council about management and residential police occupancy.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing. The voting was as follows:

Krupicka "aye" Gaines "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council deferred action until the next legislative meeting in order to examine the issues in conjunction with the funding of the project and requested that staff provide specific language that includes the following: (1) development of an overall management plan for the properties; (2) setting aside one of the workforce housing units for either on-site/area management or a residential police officer with the corresponding economic impact; (3) suggestion for removal of condition #26 addressing the issue of parking districts (residential parking permits): (4) revision of condition #20 that addresses the impact of any changes to Resolution 830; and (5) establishment of ongoing community communication during the construction of the project. The voting was as follows:

Krupicka "aye" Gaines "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

14. REZONING #2007-0004
DEVELOPMENT SPECIAL USE PERMIT #2007-0014
2600 BUSINESS CENTER DRIVE
WITTER RECREATION FIELDS
Public Hearing and Consideration of a request for 1) a request to change the zoning designation from Industrial to Parks and Open Space (POS) and, 2) a request for a development special use permit, with site plan, for multi purpose recreation fields with lighting and pavilions, and approval for increased height of the proposed lighting and buildings; zoned I/Industrial. Applicant: City of Alexandria, Department of Recreation, Parks and Cultural Activities and Transportation and Environmental Services

PLANNING COMMISSION ACTION:
REZONING: Recommend Approval 7-0
DSUP: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 2, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/13/07, and is incorporated as part of this record by reference.)

Members of the Planning staff, Transportation and Environmental Services staff and Recreation, Parks and Cultural Activities staff made a presentation of the staff report and responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows:

Pepper "aye" Gaines "aye"
Smedberg "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Wilson "aye"

ORDINANCES AND RESOLUTIONS

17. Public Hearing, Second Reading and Final Passage of an Ordinance to Modify the Composition of the George Washington Birthday Celebration Committee. (#12, 10/9/07)

(A copy of the City Manager's memorandum dated October 3, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/13/07, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 10/13/07, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 17; 10/13/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing and passed an ordinance to modify the composition of the George Washington Birthday Celebration Committee. The voting was as follows:
Krupicka "aye" Gaines "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

The ordinance reads as follows:
ORDINANCE NO. 4499

AN ORDINANCE to amend and reordain Section 2-4-114 (CREATION, COMPOSITION AND ORGANIZATION) of Article O (GEORGE WASHINGTON BIRTHDAY CELEBRATION COMMITTEE), Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), of Title 2 (GENERAL GOVERNMENT), of The Code of the City of Alexandria, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-4-114 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended and reordained, to read as follows:

(a) There is hereby established a standing committee to be known as the George Washington Birthday Celebration Committee.

(b) The committee shall consist of 19 members who, other than the members identified below in paragraphs (9) and (10), shall be appointed by the city council. The composition of the committee shall be as follows:

(1) one member to be nominated by the American Legion;

(2) one member to be nominated by the Veterans of Foreign Wars;

(3) one member to be nominated by any other veterans organization;

(4) one member to be nominated the Masonic Fraternity;

(6) one member to be nominated by the Alexandria Jaycees;

(7) one member to be nominated by the Federation of Civic Associations;

(8) four citizen members;

(9) the city manager or the manager’s designee;

(11) one member to be nominated by the Gadsby’s Tavern Museum Society;

(15) one member who attends high school in the City of Alexandria.

(c) The members identified above in subsections (b)(9) and (b)(10) shall serve during their tenure as employees of the city. The terms of all other members shall be for two years; provided, however, that the member identified above in subsection (b)(15) shall cease to be a member upon graduation from high school.

(d) The committee shall receive staff support from the director of the department of recreation, parks and cultural activities.

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

18. Public Hearing, Second Reading and Final Passage of an Ordinance to Modify the Composition and Functions of the Alexandria Marketing Committee, and Establish a New Standing Committee to be Known as the Alexandria Marketing Coordinating Council. (#13, 10/9/07)

(A copy of the City Manager's memorandum dated October 4, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/13/07, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 10/13/07, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 10/13/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing and passed an ordinance to modify the composition and functions of the Alexandria Marketing Committee, and establish a new standing committee to be known as the Alexandria Marketing Coordinating Council. The voting was as follows:
Smedberg "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Wilson "aye"

The ordinance reads as follows:

ORDINANCE NO. 4500

AN ORDINANCE to repeal Article G (ALEXANDRIA MARKETING COMMITTEE) of Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS); to amend the said Chapter 4 by adding thereto revised Article G.1 (ALEXANDRIA MARKETING COMMITTEE AND COORDINATING COUNCIL), and to amend and reordain Section 2-5-11(a)(9)m (ALEXANDRIA MARKETING COMMITTEE) of Article B (FINANCIAL DISCLOSURE), Chapter 5 (OFFICERS AND EMPLOYEES), all of Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article G, Chapter 4, Title 2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, repealed in its entirety, and the Alexandria Marketing Committee therein established is abolished.

Section 2. That Chapter 4, Title 2 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained by adding thereto revised Article G.1, to read as follows:

[The following is all new language.]

ARTICLE G.1 Alexandria Marketing Committee and Coordinating Council

Sec. 2-4-63 Alexandria Marketing Committee Established.

There is hereby established a standing committee known as the Alexandria Marketing Committee.

Sec. 2-4-64 Same - composition.

The committee shall consist of seven members: one citizen-at-large and six additional members with a variety of experience or expertise in the following areas:

(1) Marketing/Communications;
(2) Advertising Agency/Public Relations;
(3) Media Buyer;
(4) Graphic Design/Production;
(5) Media Relations/Media Outlet.

Sec. 2-4-65 Same - appointment, procedures, and organization.

(a) The committee shall be appointed by city council, based on nominations by the Alexandria Marketing Coordinating Council. The committee members shall be appointed for terms of three years; however, of the members first appointed, two shall serve a term of one year, two shall serve a term of two years, and three shall serve a term of three years, to be determined by city council in making the initial appointments.

(b) Except as to the manner of appointment specified in subsection (a) hereof, the committee shall be subject to the provisions of this chapter.

Sec. 2-4-66 Same - functions; powers; duties.

Sec. 2-4-67 Alexandria Marketing Coordinating Council established.

There is hereby established a standing committee known as the Alexandria Marketing Coordinating Council.

Sec 2-4-68 Same - composition.

The council shall consist of the six members: one designee of the city manager and five additional members, each of whom shall represent one of the following entities:
(2) Alexandria Convention and Visitors Association (ACVA);
(3) Alexandria Economic Development Partnership (AEDP);
(4) Alexandria Commission for the Arts;
(5) Office of Historic Alexandria.

Sec. 2-4-69 Same - appointment; procedures, and organization.

Sec. 2-4-70 Same - Functions; powers; duties.

Section 3. That Section 2-5-11(a)(9)m of the Code of the City of Alexandria, Virginia, as amended, be, and the same hereby is, amended and reordained to read as follows:

m. Alexandria Marketing Committee and Alexandria Marketing Coordinating Council.

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

19. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the City's Sanitary Sewer Pretreatment Regulations to Conform to State and Federal Law. (#14, 10/8/07)

(A copy of the City Manager's memorandum dated October 3, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/13/07, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 10/13/07, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 19; 10/13/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and unanimously, City Council closed the public hearing and passed an ordinance to amend the City's Sanitary Sewer Pretreatment Regulations to conform to State and Federal law. The voting was as follows:
Pepper "aye" Gaines "aye"
Smedberg "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Wilson "aye"

The ordinance reads as follows:

ORDINANCE NO. 4501

AN ORDINANCE to amend and reordain Division 3.1 (DISCHARGES INTO 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 3.1 of Chapter 6 of Title 5 of The Code of the City of Alexandria, 1981 as amended, be, and the same hereby is, amended and reordained to read as follows:

Division 3.1

Discharges into POTW

SUBDIVISION A

General Provisions

Sec. 5-6-101 Purpose and policy.

This division sets forth uniform requirements for users of the Alexandria Sanitation Authority's publicly owned treatment works (“POTW”) and the sewer system which carries wastewater to the POTW, and enables the Sanitation Authority to comply with all applicable federal and state laws, including but not limited to the Clean Water Act (33 U.S.C. § 1251 et seq.) and the general pretreatment regulations promulgated by the United States Environmental Protection Agency (40 C.F.R. Part 403). The objectives of this division are:

(1) To prevent the introduction of pollutants into the POTW that will interfere with its operation;

(2) To prevent the introduction of pollutants into the POTW that will pass through the POTW inadequately treated into receiving waters or will otherwise be incompatible with the POTW;

(3) To protect the general public and POTW personnel who may be affected by wastewater and sludge;

(4) To provide for the imposition of fees for the equitable distribution of the costs of operation, maintenance and improvement of the POTW and of other activities of the Alexandria Sanitation Authority under this division; and

(5) To enable the Alexandria Sanitation Authority to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and all other federal and state laws which apply to the operation of the POTW.

This division shall apply to all users of the POTW. This division authorizes the authority to issue wastewater discharge permits, to engage in monitoring, compliance and enforcement activities, to establish administrative review procedures, to require user reporting, and to set fees which equitably distribute the costs of its activities under this division.

Sec. 5-6-102 Definitions.

For the purposes of this division, the following words and phrases shall have the meanings given below, except in those instances when the context clearly indicates a different meaning.

(a) Act or “the Act”. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

(a) (b) Administrator. The administrator of the United States Environmental Protection Agency or those acting on his behalf.

(b) Approving (c) Approval authority. The Director of the Virginia Department of Environmental Quality.

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

(d e) Authorized representative of the user. A duly authorized representative of the individual or entity identified in paragraphs (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 occupies. Whenever such authorization is no longer accurate, a new authorization must be submitted to the authority at least two weeks 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 who is 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 provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty or making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where 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; 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 user, and the written authorization is submitted to the authority at least two weeks prior to any reports being signed by the new designee.

(e f) Best management practices. Schedules or BMP means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices or procedures of users to prevent or reduce the discharge of pollutants, listed in Section 5-6-11, into the POTW. Such practices may include, but are not restricted to, notification plans of any accidental discharge, solvent and toxic organic management plans, operating procedures, practices to control batch discharges, sludge and waste disposals, spillage or leaks, or drainage from raw material storage, and practices for pollution prevention control.

(f g) City. The City of Alexandria.

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

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

(j) Daily Maximum Limit or Daily Maximum. The maximum allowable discharge of pollutant during a calendar day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limitations are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

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

(k l) Discharge or Indirect Discharge. The introduction of pollutants or wastewater containing pollutants into the POTW.

(lm) Engineer. The engineer-director of the authority or another employee of the authority who has been duly authorized to act on the engineer-director'’s behalf or duly delegated the engineer director'’s authority.

(mn) 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 are less than a half an inch (1.27 centimeters)in any dimension and will be carried freely under the flow conditions normally prevailing in public sewers.

(n o) Instantaneous Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

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

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

(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 the POTW from complying with any provisions of federal, state or local law, including but not limited to section 405 of the Clean Water Act, the Solid Waste Disposal Act ("“SWDA"”) (42 U.S.C.3251 et seq.), including title II which is more commonly referred to as the Resource Conservation and Recovery Act ("“RCRA"”)(42 U.S.C.6901 et seq.), state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air Act and the Marine Protection, Research and Sanctuaries Act (33 U.S.C.1420 et seq.).

(oq) Medical waste. Isolation waste, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical waste, potentially contaminated laboratory waste or dialysis waste which have been generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, and any other medical wastes as specified in the Virginia medical waste management regulations, 9 VAC20-120. The term does not include any household waste identified in 40 C.F.R.261.4 (b) (l).

(pr) National categorical pretreatment standards or categorical standards. Any regulation containing pollutant discharge limits, promulgated by the United States Environmental Protection Agency pursuant to sections 307(b) and (c) of the Clean Water Act, that (33 U.S.C Section 1317), which apply to a specific category of users which appear in 40 C.F.R., Chapter I, Subchapter N, Parts 405 through 471. All such standards are included in this division as if fully set forth herein.

(qs) National Pollutant Discharge Elimination System permit or NPDES permit. A permit issued pursuant to Section 402 of the Clean Water Act.

(rt) New source.

(1) Any building, structure, facility or installation from which there is or may be a discharge, the construction of which commences after the publication in the Federal Register of proposed pretreatment standards under the Clean Water Act that would be applicable to the source if such standards were thereafter promulgated, provided that:

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

(ii) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge 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 of pollutant discharges 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 has commenced if the owner or operator has:

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

(ii) entered into 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.

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

(tv) Pass through. Any discharge which exits the 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.

(uw) Permittee. A holder of a wastewater discharge permit issued by the authority.

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

(wy) Photographic processing facility. A facility which processes images from silver sensitized films and papers, including, but not limited to commercial photographic and film processing facilities, in-house photographic processing facilities, mini-labs, printers, and x-ray and other medical, dental, industrial, institutional or diagnostic facilities which produce a silver rich solution.

(xz) Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, rock, sand, municipal wastes, and agricultural wastes.

(yaa) POTW or publicly owned treatment works. The wastewater treatment plant operated by the authority, along with the pump stations and sewers which deliver wastewater to the plant.

(zbb) 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 POTW. This reduction or elimination may be obtained by physical, chemical or biological processes or other means; it may not be obtained 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).

(aacc) Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard.

(dd) Pretreatment standards or standards. Federal, state or local standards which prohibit certain pollutants from appearing in discharges or which limit the quantity or concentration of certain pollutants which may appear in discharges, including national categorical pretreatment standards promulgated by the United States Environmental Protection Agency.

(bbee) Prohibited discharge. Any discharge containing a pollutant which is prohibited from entering the POTW.

(ccff) Sewer connection permit. A permit issued pursuant to section 5-6-25 of this article.

(ddgg) Silver CMP. The Code of Management Practice for Silver Dischargers, issued by the Silver Council and the Association of Metropolitan Sewage Agencies, dated September 1995, as amended from time to time, which provides recommendations on technology, equipment and management practices for controlling silver discharges from facilities that process photographic materials. (A copy of the Silver CMP shall be obtainable from the authority.)

(eehh) Silver recovery. The process of removing silver from silver rich solutions.

(ffii) Silver rich solution. A solution containing sufficient silver such that cost-effective silver recovery can be done either on-site or off-site. In photographic processing facilities, such solutions include, but are not limited to, fix and bleach-fix solutions, stabilizers, low replenished (low-flow) washes, and all functionally similar solutions, but do not include low silver solutions such as used developers, bleaches, stop baths, pre-bleaches, stabilizers following washes and wash waters.

(ggjj) Slug discharge. Any discharge which, because of the concentration of pollutants or the quantity of flow, could cause a violation of a standard for prohibited discharges.

(hhkk) User. Any person or entity which is the source of a discharge.

(iill) User, industrial. Any person or entity which is a non-residential source of a discharge.

(jjmm) User, significant industrial:

(1) Categorical. Any industrial user subject to the national categorical pretreatment standards in 40 C.F.R.403.6 and 40 C.F.R. Parts 405 through 471; and

(2) Noncategorical. Any other industrial user that discharges an average of 25,000 or more gallons per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater), contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW's treatment capacity, or is designated a significant industrial user in accordance with 40 C.F.R. section 403.8(f)(g), 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.

(3) The Authority may determine that the industrial user subject to categorical pretreatment standards is a Non-Significant Categorical Industrial User rather than a Significant Industrial user on a finding that the industrial user never discharged more than 100 gallons per day (gpd) of total categorical wastewater) excluding sanitary, non-contact cooling and boiler blow-down wastewater, unless specifically included in the pretreatment Standard) and the following conditions are met:

(a) The Industrial user, prior to Engineer’s finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;

(b) The Industrial user annually submits the certification statement required by 40 CFR 403.12 (q), together with any additional information necessary to support the certification statement; and

(c) The industrial user never discharges any untreated concentrated wastewater.

(4) Upon a finding that a user meeting the criteria in (kk)(2)of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standard or Requirement, the Engineer may determine that the user should not be considered a significant user in accordance with procedures in 40 CFR 403.8(f)(6).

(kk) (nn) Wastewater. Liquid and water-carried wastes containing any pollutants whether treated or untreated, which are discharged from any source into a POTW.

Sec. 5-6-103 Administration.

Except as otherwise expressly provided in this division, the director is authorized to administer and enforce the provisions of this division, and is further authorized to delegate all or part of his authority to the engineer, who is authorized to redelegate his authority to another employee of the authority who has been authorized to act on the engineer'’s behalf.

Sec. 5-6-104 Promulgation of procedures.

The authority is hereby authorized to establish rules and promulgate procedures that it deems necessary to implement the provisions of this division, including but not limited to the development of a compliance schedule for industrial users, the installation of pretreatment technology required to meet applicable pretreatment standards and requirements and to meet the requirements imposed by accidental spill and slug control plans or best management practices.

SUBDIVISION B

General User Requirements

Sec. 5-6-111 Prohibited discharges.

(a) No user shall discharge or cause to be discharged into or the POTW any of the following 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 collection system or POTW, including but not limited to waste streams with a closed cup flashpoint of less than 140 degrees fahrenheitFahrenheit (60 degrees celsiusCelsius) using methods specified in 40 C.F.R. 261.21;

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

(3) any water or waste 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;

(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, the collection system or the POTW;

(5) any solid or viscous substance 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 fahrenheitFahrenheit (60 degrees celsiusCelsius) or, at the point of intake to the POTW, having a temperature higher than 104 degrees fahrenheitFahrenheit (40 degrees celsiusCelsius);

(7) any waters or wastes containing fats, wax, grease or oils of animal or vegetable origin in concentrations greater than 100 mg/l as an instantaneous maximum or containing substances which may solidify or become viscous at temperatures between 32 degrees fahrenheitFahrenheit and 140 degrees fahrenheit; Fahrenheit;

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

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

(10) any quantity of flow or concentration, or both, which constitutes a slug discharge, and any pollutant, including any conventional pollutant, released in a discharge at a flow rate or pollutant concentration, or both, which will cause interference with the POTW;

(11) any substance from a septic tank, a truck or a portable vessel or device without prior written permission from the authority;

(12) used motor oil in any amount;

(13) any product containing used or otherwise contaminated antifreeze (ethylene glycol);

(14) any medical waste, except as specifically authorized by the engineer in a wastewater discharge permit;

(15) any hazardous waste, as defined in the Resource Conservation and Recovery Act, which is not covered by the domestic sewage exemption contained in 40 C.F.R. 261.4(a)(1)(ii);

(16) any substance, material, water or waste 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; and

(17) any silver rich solutions from a photographic processing facility, unless such silver rich solution is managed by the photographic processing facility in accordance with the Silver CMP, prior to its introduction into the POTW.

(b) No user shall make or cause to be made any of the following discharges:

(1) any discharge which causes interference;

(2) any discharge which constitutes a pass through;

(3) any discharge without a permit required by this division;

(4) any discharge which violates national categorical pretreatment standards;

(5) any discharge which constitutes or results in a violation of any permit term or condition;

(6) any discharge which violates local limit pretreatment standards established by the authority under section 5-6-113 and in accordance with 40 C.F.R. 403.5(c)(1); and

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

(c) Dilution of waste streams to meet the requirements of this section is prohibited.

(d) Substances, materials, waters or wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged into the collection system or the POTW.

Sec. 5-6-112 National categorical pretreatment standards.

(a) Where a categorical pretreatment standard is expressed only in terms of the mass or the concentration of a pollutant in wastewater, the engineer may impose equivalent concentration or mass limits in accordance with 40 C.F.R. 403.6(c).

(b) Where wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the engineer shall impose an alternate limit using the combined waste stream formula in 40 C.F.R. 403.6(e).

(c) A user may obtain from the engineer a variance from a categorical pretreatment standard if the user can prove, pursuant to the provisions in 40 C.F.R. 403.13, that the factors relating to its discharge are fundamentally different from the factors considered by the United States Environmental Protection Agency when developing the categorical standard.

20. Public Hearing, Second Reading and Final Passage of an Ordinance to Authorize the Establishment of Roadway Work Zone Speed Limits, and Prescribe the Penalty For Violating Such Limits. (#15, 10/9/07)

(A copy of the City Manager's memorandum dated October 3, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/13/07, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 10/13/07, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 20; 10/13/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council closed the public hearing and passed an ordinance to authorize the establishment of roadway work zone speed limits and prescribe the penalty for violating such limits. The voting was as follows:
Pepper "aye" Gaines "aye"
Smedberg "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Wilson "aye"

The ordinance reads as follows:
ORDINANCE NO. 4502

AN ORDINANCE to amend Article B (RECKLESS DRIVING, SPEEDING, ETC) of Chapter 3 (OPERATION OF VEHICLES), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Section 10-3-878.11 (MAXIMUM SPEEDS IN WORK ZONES; PENALTIES).

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article B of Chapter 3 of Title 10 of The Code of the City of Alexandria, 1981 as amended, be, and the same hereby is, amended by adding thereto new Section 10-3-878.11 to read as follows:

Sec. 10-3-878.11 Maximum speeds in highway work zones; penalty.

Section 2. That this ordinance shall be effective on the date and at the time of final passage.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (21)

Planning Commission (continued)

21. SPECIAL USE PERMIT #2007-0029
625 BURNSIDE PLACE
ALEXANDRIA WASTE RECOVERY FACILITY
Public Hearing and Consideration of a request to amend a special use permit to increase the allowed daily tonnage at a waste recycling facility; zoned I/Industrial. Applicant: Sandra Crippen (Deferred from June docket)

PLANNING COMMISSION ACTION: Deferred (applicant's request)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

City Council noted the deferrals.

NEW BUSINESS ITEM #1: Executive Session

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, at 2:46 p.m., City Council convened in executive session, pursuant to Virginia Code Section 2-3711(A)(3), (A)(6), (A)(7) and (A)(29) for purpose of discussing the acquisition and disposition of property for public housing and other purposes, the award of a public contract and the investment of public funds for the development of public housing, and for consultation with legal counsel and staff regarding such matters. The voting was as follows:
Lovain "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka "aye"
Wilson "aye"

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, at 3:33 p.m., City Council reconvened the meeting. The voting was as follows:
Lovain "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka "aye"
Wilson "aye"

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:
Lovain "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka "aye"
Wilson "aye"

The resolution reads as follows:
RESOLUTION NO. 2248

WHEREAS, the Alexandria City Council has this 13th day of October 2007, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the city council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.
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THERE BEING NO FURTHER BUSINESS TO DISCUSS, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, City Council adjourned the public hearing meeting of October 13, 2007 at 3:35 p.m. The voting was as follows:

Lovain "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka "aye"
Wilson "aye"


APPROVED BY:

________________________________
WILLIAM D. EUILLE MAYOR

ATTEST:

___________________________________
Gloria A. Sitton, CMC Deputy City Clerk


This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.

City Council meetings are closed-captioned for the hearing impaired.
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