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Regular Meeting
Tuesday, June 14, 1994 - - 7:30 pm

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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. Steele, Deputy City Manager; Mr. Gitajn, Director of Financial and Information Services; Mrs. Godwin, Director of Management and Budget; Mr. Neckel, Director of Finance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Cyphers, Director of Human Services; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Ms. Boyd, Director of Citizen Assistance; Ms. Federico, Director of Historic Alexandria; Mr. Horowitz, Special Assistant to the Director of Human Services; Mr. Schott, Director of General Services; Mr. McMahon, Deputy Director of General Services; Mr. Garrity, Intergovernmental Relations Coordinator; Mr. Pessoa, Assistant City Attorney; Mr. Pritchett, Chief of Environmental Health; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Barnett, Division Chief of Recreation, Parks and Cultural Activities; Ms. Reichler, Special Assistant to the City Manager; Ms. Beidler, Registrar of Voters; Mr. Radauskas, Director of Code Enforcement; Mr. Barbash, Consumer Affairs Administrator; Police Chief Samarra; Assistant Police Chief George; and Lieutenant Crawford, Police Department.

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

At 7:00 p.m., there was a Reception in Honor of the Recipients of the Community Organization Grant and the John Duty Collins III Outstanding Advocate Award in Room 2000, City Hall, sponsored by the Alexandria Commission on Persons with Disabilities.

OPENING

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

The Invocation was pronounced by Reverend Pierce W. Klemmt, Pastor of Christ Church.
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3. THERE BEING NO DISCUSSION, upon motion by Councilwoman
Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Minutes of the Regular Meeting of May 24, 1994, as submitted. The voting was as follows:

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

4. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Cleveland,seconded simultaneously by Councilwoman Pepper and Councilman Donley and carried on a vote of 6-to-0, City Council received the report of the City Clerk dated June 8, 1994, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/14/94, and is incorporated herewith as part of this record by reference. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 5 - 11; 17 - 32
5. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:

(a) Alexandria Budget and Fiscal Affairs Advisory Committee
Shawn P. McLaughlin

(Copies of the above resignations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 5 (a-f); 6/14/94, and is incorporated herewith as part of this record by reference.)
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(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 6 (a-b); 6/14/94, and is incorporated herewith as part of this record by reference.)

7. Consideration of Report on Federal and State Grants, and Donations.

(A copy of the City Manager's memorandum dated June 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/14/94, and is incorporated herewith as part of this record by reference.)

8. Consideration of Funding for the Primary Election for the U.S. Senate.

(A copy of the City Manager's memorandum dated May 24, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/14/94, and is incorporated herewith as part of this record by reference.)

9. Consideration of Request to Transfer $100,000 from FY 1995 Contingent Reserves for Police Overtime.

(A copy of the City Manager's memorandum dated June 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/14/94, and is incorporated herewith as part of this record by reference.)

11. Receipt of the Annual Report of the Public Records Advisory Commission.

(A copy of the City Manager's memorandum dated June 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/14/94, and is incorporated herewith as part of this record by reference.)

17. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to rescind the city's current regulations governing cable television, and to enact an entirely new set of such regulations.

(A copy of the City Manager's memorandum dated June 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 17; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 17; 6/14/94, and is incorporated herewith as part of this record by reference.)

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18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend human rights provisions of the city code in the following ways: (1) by clarifying that discrimination includes harassment in the workplace; and (2) by requiring annual, in lieu of biannual, reports to city council on the city's affirmative action employment program; (3) by providing for a remedy of specific performance in cases of discrimination in the area of public accommodations; (4) by creating a panel, consisting of three members of the human rights commission, to conduct confidential preliminary hearings on pending complaints; (5) by extending the period for filing complaints for housing discrimination from 300 days to 365 days; and (6) by mediating complaints between parties by having the administrator or her designee hold predetermination conferences prior to or during an investigation.

(A copy of the City Manager's memorandum dated June 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 18; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 6/14/94, and is incorporated herewith as part of this record by reference.)

19. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to require every person 14 years of age and under, while riding a bicycle within the City of Alexandria, to wear a helmet that meets nationally recognized safety standards. (Councilmen Donley and Speck)

(A copy of the City Manager's memorandum dated June 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 19; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 19; 6/14/94, and is incorporated herewith as part of this record by reference.)

20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the city code to allow the director of finance, in defined situations, to extend the date on which a penalty accrues for unpaid parking tickets.

(A copy of the City Manager's memorandum dated June 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 6/14/94, and is incorporated herewith as part of this record by reference.

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A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 20; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 20; 6/14/94, and is incorporated herewith as part of this record by reference.)

21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to allow taxis to charge the fee they are required to pay to National Airport for the privilege of picking up airport passengers.

(A copy of the City Manager's memorandum dated June 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 21; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 21; 6/14/94, and is incorporated herewith as part of this record by reference.)

22. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to adopt, for application in the City of Alexandria, a standardized process that will be adopted by other jurisdictions in the Washington, D.C., metropolitan area for the testing and certification of food-handling managers who are employed in restaurants and other establishments that serve food.

(A copy of the City Manager's memorandum dated June 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 22; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 22; 6/14/94, and is incorporated herewith as part of this record by reference.)

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23. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to prohibit a pawnbroker whose permit has been revoked by the chief of police for a knowing violation of the city code from applying for the issuance of a new permit for a period of 12 months from the date that the revocation becomes final.

(A copy of the City Manager's memorandum dated June 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 23; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 23; 6/14/94, and is incorporated herewith as part of this record by reference.)

24. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend section 5-10-4 to permit burials within the vacated portion of Gibbon Lane.
(A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 24; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 6/14/94, and is incorporated herewith as part of this record by reference.) 25. (a) Presentation of Viewers' Report Regarding a Request for Vacation of a Portion of the Public Street Right-of-way of Gibbon Lane, from West Street to Hamilton Lane for Cemetery Use. (#23 5/14/94)

(A copy of the Viewers' report dated May 30, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25 (a); 6/14/94, and is incorporated herewith as part of this record by reference.)

(b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to vacate a portion of the public street right-of-way of Gibbon Lane, from West Street to Hamilton Lane, in the City of Alexandria for cemetery use.

(A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 25 (b); 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25 (b) 6/14/94, and is incorporated herewith as part of this record by reference.)

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26. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to vacate a public alley right-of-way adjacent to the property located at 3115 Carolina Place in the City of Alexandria.

(A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 26; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 6/14/94, and is incorporated herewith as part of this record by reference.)

27. (a) Presentation of Viewers' Report Regarding a Request for Vacation of a Portion of the Fern Street Public Right-of-way, between Kenwood Avenue and Osage Street. (#8 5/14/94)
(A copy of the Viewers' report dated May 27, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27 (a); 6/14/94, and is incorporated herewith as part of this record by reference.)

(b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to vacate a portion of the public right-of-way of Fern Street, between Kenwood Avenue and Osage Street, in the City of Alexandria.

(A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 27 (b); 6/14/94, and is incorporated herewith as part of this record by reference. A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27 (b); 6/14/94, and is incorporated herewith as part of this record by reference.)

28. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend and reordain the Braddock Road Metro Station, and King Street/Eisenhower Avenue Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendments heretofore approved by city council to such Small Area Plan Chapters as Master Plan Amendments Nos. 94-003, 94-005 and 94-007, and no other amendments, and to repeal all provisions of the said Small Area Plan Chapters as may be inconsistent with such amendments.

(A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 28; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 6/14/94, and is incorporated herewith as part of this record by reference.)

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29. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend and reordain 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 properties at 300 and 400 Yoakum Parkway from POS Zone to RC Zone (RZ No. 93-006); Braddock Center from CRMU-H Zone to OCH Zone with Proffer (RZ No. 94-003); 301 South West Street, 310 Holland Lane and 1400-1680 Duke Street from OCM Zone to OCM-100 Zone and OCM-50 Zone, and to adjust the boundaries of Height District No. 5 (RZ No. 94-005), and to extend Height District No. 1 100 feet south of Duke Street between South Henry and South West Streets (RZ No. 94-006) in accordance with the said zoning map amendments heretofore approved by city council.

(A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 29; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 6/14/94, and is incorporated herewith as part of this record by reference.)

30. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend and reordain Section 4-303 (Special Uses) under Section 4-300 (CSL/Commercial Service Low Zone) of Article IV (Commercial, Office and Industrial Zones) (TA No. 94-004), Section 9-301 (Review Required) under Section 9-300 (Signs, Marquees and Awnings within the Old and Historic Alexandria and Parker Gray Districts and on 100 Year-Old-Buildings) of Article IX (Signs, Marquees and Awnings) TA No. 94-003), and to add a new Section 2-163.1 (Light Assembly, Services and Crafts) (TA No. 94-004) to Article II (Definitions), all of the City of Alexandria Zoning Ordinance.

(A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 30; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 6/14/94, and is incorporated herewith as part of this record by reference.)

31. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to make supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 1994.

(A copy of the City Manager's memorandum dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 31; 6/14/94, and is incorporated herewith as part of this record by reference.

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A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 31; 6/14/94, and is incorporated herewith as part of this record by reference.)

32. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to make appropriations for the support of the government of the City of Alexandria for fiscal year 1995.

(A copy of the City Manager's memorandum dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 32; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 32; 6/14/94, and is incorporated herewith as part of this record by reference.)

44. Receipt of the Annual Report of the Commission on Persons with Disabilities.

(A copy of the City Manager's memorandum dated June 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 44; 6/14/94, and is incorporated herewith as part of this record by reference.)

45. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE granting Cable Television Franchise to Jones Intercable, Incorporated.

(A copy of a substitute ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of item No. 45; 6/14/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the Consent Calendar as presented except for Docket Item No. 10 which was considered under separate motion. The City Manager's recommendations are as follows: 5. City Council received the following resignations with regret: (a) J. Harvey Harrison, Jr. from the Alexandria Budget and Fiscal Affairs Advisory Committee; (b) Larry T. Radford from the Alexandria Cable Television Advisory Commission; (c) Louise S. Rainis from the Alexandria Commission on Employment; (d) Richard E. Pelkey from the Alexandria Commission on Persons With Disabilities; (e) Murray N. Bonitt and Shawn P. McLaughlin from the Alexandria Redevelopment and Housing Authority Board of Commissioners; and (f) Linda Wilkins from the Alexandria Youth Services Commission; and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
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6. City Council appointed (a) Frank Forestiere as a Representative from the Public Schools to the Alexandria-Caen Exchange Committee; and (b) appointed Martin Kurtovich as a Member from the Field of Sanitary Engineering to the Alexandria Environmental Policy Commission.

8. City Council transferred $45,361 from contingent reserves (Account 103556-2410) to the Office of Voter Registration (Account 107201-1102) to fund the June 14, 1994 primary election. Funding for the primary was included in the contingent reserves account for FY 1994.

9. City Council approved the transfer of $100,000 from FY 1995 contingent reserves (Account 103556-1104) to the FY 1995 Police Department budget (Account 155010-1104) to provide for additional overtime details for increased visibility through special patrols in targeted areas throughout the City.

11. City Council received the report of the Public Records Advisory Commission and thanked the Commission for its efforts on behalf of the City.

17. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994. [City Council reconsidered this ordinance at the end of the meeting.]

18. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

19. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

20. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

21. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

22. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

23. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

24. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994. 25. (a) City Council received the Viewers' Report.

(b) City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

26. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

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27. (a) City Council received the Viewers' Report.

(b) City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

28. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

29. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

30. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

31. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

32. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

44. City Council received the report and commended the Commission for its work over the past year.

45. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994.

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

10. Consideration of Request to Transfer $20,000 from FY 1995 Contingent Reserves for Police Vehicle Equipment.

(A copy of the City Manager's memorandum dated June 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/14/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Councilwoman Pepper and Vice Mayor Cleveland and carried unanimously, City Council approved the transfer of $20,000 from FY 1995 contingent reserves (Account 103556-2707) to the Police Department's FY 1995 budget (Account 155077-3501) to expand the Police vehicle take-home program. The voting was as follows:

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



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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

12. Consideration of Adding a Fourth Residential Police Officer Position.

(A copy of the City Manager's memorandum dated June 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/14/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the transfer of $51,425 from FY 1995 contingent reserves (Account 103556-1101) to the FY 1995 Police Department budget (Account 157016-1101) to establish a fourth Residential Police Officer position in the Andrew Adkins public housing community. The voting was as follows:

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

13. Receipt of a Proposal by First Night, Incorporated, to Sponsor a Non-Alcoholic New Year's Eve Celebration from 6:00 p.m. on December 31, 1994, to 12:15 a.m. on January 1, 1995, along Washington Street from Duke Street to Queen Street and along King Street, West of Washington Street and Setting it for Public Hearing on June 18, 1994. (Mayor Ticer)

(A copy of the City Manager's memorandum dated June 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/14/94, 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. 2 of Item No. 13; 6/14/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council received the report and scheduled it for public hearing on June 18, 1994. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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14. Receipt of Report on Proposed Changes to the Policies for Sponsoring Major Events in Old Town Established by City Council in 1986 and Setting it for Public Hearing on June 18, 1994.

(A copy of the City Manager's memorandum dated June 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/14/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried unanimously, City Council received the report and scheduled it for public hearing on June 18, 1994. The voting was as follows:

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

15. Consideration of Request to Renew a Five-Year License Agreement with Polak Steamboat Company to Operate a Sightseeing Tour Boat Service from the Alexandria City Marina.

WITHOUT OBJECTION, City Council noted the withdrawal of this item. It will be redocketed for the Regular Meeting of June 28, 1994.

At this point, City Council took Docket Item No. 46 out of order.

OTHER

46. Consideration of City Council Response to the Deferral by the Planning Commission with Respect to Text Amendment #94-006 that Would Require Restaurants in the Special Parking District to Ensure that Employees who Drive to Work Not Park on Any Public Right-of-way after 5:00 p.m. Staff: Department of Planning and Community Development. (Councilman Speck)

(General Discussion. Councilman Speck explained the purpose of placing this on tonight's docket.)

WHEREUPON, a motion was made by Councilman Speck and seconded by Councilman Donley for the purposes of discussion, to withdraw this item from further consideration.

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WHEREUPON, a motion was made by Councilman Speck, seconded by Councilman Donley to withdraw this item from further consideration; which motion FAILED on a vote of 3 "ayes" to 4 "nos". The voting was as follows:

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

City Council returned to consider Docket Item No. 16.
16. Receipt of the Report from the Working Group on the Torpedo Factory.

(A copy of the City Manager's memorandum dated June 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/14/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Council Member Rich and Councilman Jackson and carried on a vote of 6-to-1, City Council received the report and set it for public hearing on Saturday, June 18, 1994. The voting was as follows:

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

WHEREUPON, upon motion by Council Member Rich, Seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council moved to reconsider its vote on this item. The voting was as follows:

Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "no"
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THEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council scheduled this item for public hearing at the first public hearing date in September. [September 17, 1994] The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilman Speck spoke to his memorandum to the Members of City Council regarding his service on the Council of Governments Metropolitan Development Policy Committee. He stated, for the record, that he has been serving on this Committee as Council's representative. He stated that the Committee was reorganized to create two new elective representatives from each jurisdiction in Virginia, as well as five citizen members. He indicated that the existing members would like him to continue. There are some issues that are evolving that interest him. He would like to continue to serve. He stated that when each of the jurisdictions have their representatives appointed, they will caucus to determine the five citizen representatives from each of the jurisdictions, Maryland, District of Columbia and Virginia. He requested Council's endorsement of his continued service on that Committee.

WHEREUPON, upon motion by Councilman Jackson, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council endorsed Mr. Speck's continued service on the Committee. The voting was as follows:

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

The City Clerk was requested to communicate this to the Committee.

(b) Councilman Jackson announced the results of the Alexandria Democratic Primary for U.S. Senate. Senator Robb carried 4430; Mrs. Clute was in second place with 912; Senator Goode was in third place with 697; and Ms. Spannaus finished fourth with 88 votes.

(c) Councilman Donley gave a report on the Alexandria Build to Suit Exposition which was held on May 25, 1994 at the Old Colony Inn.
(d) Vice Mayor Cleveland announced that the Friends of the Untouchables, non-profit organization, but also sponsored by the City of Alexandria Mental Health, Mental Retardation and Substance Abuse, is sponsoring a "Send a Kid to Camp Prayer Breakfast" on June 25. They would like all of the Members of City Council come or if you cannot come, at least if you can help send a kid to camp, that would be appreciated. If you are interested in helping to send a kid to camp, please call the Untouchables' office at 838-5075.

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(e) Council Member Rich spoke to the upcoming appointment process for the ARHA appointments. He expressed his interest in interviewing the candidates.

There was considerable discussion by the Members of Council on this item.

WHEREUPON, a motion was made by Council Member Rich, seconded by Councilman Speck to conduct interviews with the candidates for ARHA; which motion FAILED on a vote of 2 "ayes" to 5 "nos". The voting was as follows:

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

(f) Mayor Ticer announced that Partners for Livable Communities has selected Alexandria to receive one of its sixteen entrepreneurial American leadership awards. It is for community archaeology and the Black heritage program. There will be a press conference on June 16, at the Press Club.

(g) Council Member Rich spoke again to the ARHA appointments.

ORDINANCES AND RESOLUTIONS (continued)

33. Consideration. Second Reading and Final Passage of AN ORDINANCE (1) to amend the city's noise regulations applicable on public and quasi-public areas within the central business district, (2) to designate appropriate officers to enforce these regulations, and (3) to make the violation of these regulations, and other provisions of the City's noise ordinance, subject to civil, rather than criminal, penalties. (#20 5/10/94; #26 5/14/94) (ROLL-CALL VOTE)

(A copy of the City Attorney's joint memorandum dated June 13, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/14/94, and is incorporated herewith as part of this record by reference.

A copy of Mr. Stansbury's letter dated June 13, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 33; 6/14/94, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance upon its second reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3726

AN ORDINANCE to amend and reordain Section 11-5-12 (PENALTIES) of Chapter 5 (NOISE CONTROL), and to further amend Chapter 5 by adding thereto a new Section 11-5-4.1 (NOISES PROHIBITED--CENTRAL BUSINESS DISTRICT), all of Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, the Council of the City of Alexandria finds and determines that:

1. The central business district attracts a large number of tourists, restaurant and other business patrons, and other visitors to the City of Alexandria, including during the late evening and early morning hours.

2. Because of the historic pattern of the development of the central business district as a mixed-use area, the district contains many residences, and residential uses above ground floor retail and commercial uses.

3. The streets, other public places and quasi-public places in the central business district have become a popular location for the open air performance of music, song and other shows and performances which attract participants or spectators, including during the late evening and early morning hours.

4. Noise is generated by these shows and performances, as well as a variety of other activities, in the central business district, including activities during the late evening and early morning hours.

5. The noise engendered by some such activities has unreasonably disturbed the comfort, health, welfare, environment, peace and repose of persons who reside in the residences and dwelling units within and immediately adjacent to the central business district.

6. The following regulations constitute reasonable time, place and manner regulations on the right of persons to use the streets, public areas and quasi-public areas within the central business district, and are necessary to balance that right with the right of persons residing in residences and dwelling units within and immediately adjacent to the district to reasonable peace and quietude in the enjoyment of their residences and dwellings; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 5 of Title 11 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding thereto a new Section 11-5-4.1, to read as follows:

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Sec. 11-5-4.1 Noises prohibited--central business district.

(a) Notwithstanding any conflicting provision of this chapter or other law, it shall be unlawful for any person to engage in, or to suffer or permit on or with property under such person's control, any sound generation, as defined in this section, in or on any public or private street, sidewalk or alley, any public park, marina or open space, or any private outdoor property that is open to the public for commercial or recreational purposes, within the central business district established by section 8-300(A) of the City of Alexandria Zoning Ordinance, except as is permitted by this section.

(b) "Sound generation" shall mean any conduct, activity or operation, whether human, mechanical, electronic or other, and whether continuous, intermittent or sporadic, and whether stationary, ambulatory or from a vehicle, which produces or generates sound in excess of the volume levels, and for a duration of time greater than the duration, specified in this section.

(c) Between the hours of 7:00 a.m. and 11:00 p.m., Monday through Sunday, no sound generation shall result in sound having a volume of 75 db(A) or more, at a distance greater than 10 feet from the place at which the sound is being generated or produced, for an aggregate duration of time greater than 60 seconds in any one hour period. Any sound that is plainly audible above the background noise level to a person of normal hearing acuity at a distance greater than 50 feet from the place at which the sound is being generated or produced shall be presumed to exceed 75 db(A) at 10 feet of distance and thus violate this subsection, and the burden shall be on the person responsible for such sound generation to prove otherwise.

(d) Between the hours of 11:00 p.m. and 7:00 a.m., no sound generation shall exceed a volume of 65 db(A) at a distance greater than 10 feet from the place at which the sound is being generated or produced, for an aggregate duration of 60 seconds between such hours. Any sound that is plainly audible above the background noise level to a person of normal hearing acuity at a distance greater than 50 feet from the place at which the sound is being generated or produced shall be presumed to exceed 65 db(A) at 10 feet of distance and thus violate this subsection, and the burden shall be on the person responsible for such sound generation to prove otherwise.

(e) This section shall not apply to any sound generation which occurs:
(2) at a designated performance area within a public park, marina or open space in conformity with regulations promulgated by the city manager or the director of parks, recreation and cultural activities; (3) in conformity with regulations promulgated by the city manage for the use of market square;

(4) under a special permit, displayed at the place of sound generation, issued by the city manager pursuant to section 11-5-7; or

(5) on private property pursuant to a special use permit, displayed at the place of sound generation, approved by the city council under section 11-500 of the City of Alexandria Zoning Ordinance.

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(g) This section shall be enforced by the director, the chief of police, the director of citizen assistance, the director of parks, recreation and cultural activities within any public park, marina or open space, and the director of general services within market square, and by their respective designees.

(h) As used in this section, "background noise level" means all sound sources impacting at the place of measurement, excluding the specific source that is suspected of violating this section. (1) Testimony or other evidence that the sound generation was plainly audible above the background noise level at the distance from the source, and for the duration of time, specified in subsections (c) or (d); or

(2) Testimony or other evidence that the sound generation equaled or exceeded the sound, level, at the distance from the source, and for the duration of time, specified in subsections (c) or (d), as measured with a sound level meter, maintained in good working order, and having an accuracy specification of ± 2 dB at 114 dBSPL (sound pressure level) or better, and using the A weighting network of such meter. The measurement of sound level under this section, made with such meter, need not comply with the provisions of section 11-5-5.

Section 2. That Section 11-5-12 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. 11-5-12 Penalties. (a) Civil violation. Any person who commits, permits, assists in or attempts any violation of this chapter, whether by act or omission, shall be liable for a civil violation as follows: (1) The first violation of this chapter by such person shall be punished by a civil penalty in the amount of $50.

(2) The second violation of this chapter committed by such person within seven days of the first violation shall be punished by a civil penalty in the amount of $100.

(3) The third and any subsequent violation of this chapter committed by such person within 14 days of the first violation shall be punished by a civil penalty in the amount of $500.

(b) Criminal violation. Any person who knowingly refuses or neglects to comply with any written order to cease or abate any violation of this chapter, issued by an authorized enforcement officer, shall be guilty of a class 2 misdemeanor.

(c) Each hour of a continued violation shall constitute a separate offense under this chapter.

(d) Procedures.

(1) If an authorized enforcement officer determines that a violation of this chapter has occurred, the officer may cause a notice of the violation to be served on any or all persons committing, permitting, assisting in or attempting such violation.

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(2) The notice shall provide that the person charged with a violation may elect to make an appearance in person, or in writing by mail, to the treasurer of the city, and admit liability for or plead no contest to the violation, abate the violation, and pay the civil penalty established for the violation, all within the time period fixed in the notice.

(3) If a person charged with a violation does not elect to admit liability or plead no contest, and abate the violation, the violation shall be tried in the Alexandria General District Court upon a warrant in debt or motion for judgment, with the same right of appeal as provided for civil actions at law. In the event the violation exceeds the jurisdictional limits of the General District Court, the violation shall be tried in the Alexandria Circuit Court.

(4) A finding of admission of liability or a plea of no contest to a civil violation shall not be deemed a criminal violation for any purpose.

(5) A notice of civil violation, or a summons or arrest for a criminal violation, as provided in this section, may be issued or had, notwithstanding that no prior notice of violation and ordering of corrective measures as provided in section 11-5-10 has been given.

(6) The provisions for judicial review contained in section 11-5-16 shall have no application to notices of violation, or summons or arrests, issued or made under the provisions of this section.

Section 3. That this ordinance shall become effective on July 1, 1994.
Introduction: 5/10/94
First Reading: 5/10/94
Publication: 5/11/94; 5/12/94
Public Hearing: 5/14/94
Second Reading: 6/14/94
Final Passage: 6/14/94

34. Consideration of Code Enforcement Fee Increases and Resolution in Support of These Increases. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/14/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution. The voting was as follows:

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

The resolution reads as follows:
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RESOLUTION NO. 1692

WHEREAS, section 8-1-29(a) of The Code of the City of Alexandria, Virginia, 1981, as amended, provides that all fees for permits, inspections and certificates required by the Virginia Uniform Statewide Building Code ("USBC") shall be as established by resolution of the City Council; and

WHEREAS, Resolution No. 1466, adopted by City Council on June 16, 1990, with fee schedule attached, and portions of Resolution No. 1651, adopted by City Council on June 12, 1993, are the most recent establishment of such fees by City Council; and

WHEREAS, City Council has determined that the fee schedule in Resolution No. 1466 is in need of amendment and adjustment to account, inter alia, for the increase in costs incurred by the City in issuing the permits and certificates, and in performing the inspections required by the USBC;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

1. That the fee schedule attached hereto, entitled "City of Alexandria, Virginia, Code Enforcement Bureau, Fee Schedule" and dated June 14, 1994, is deemed to contain fair and appropriate fees to be paid by persons seeking various permits, inspections and certificates, and other services, from the City's Code Enforcement Bureau, and is therefore approved and incorporated herein by reference; and

2. That the attached schedule establishes the fees to be charged for the various permits, inspections and certificates which are required by the Virginia Uniform Statewide Building Code and which are issued or performed, as the case may be, by the City's Code Enforcement Bureau; and

3. That upon its adoption, this resolution shall repeal and supersede Resolution No. 1466, adopted on June 16, 1990, and those portions of Resolution No. 1651 pertaining to small appliance permits, minimum building, mechanical, electrical and plumbing permits, residential rental permits, building code compliance date extensions, building code modification and fire hydrant flow rate testing fees; and

4. That the attached fee schedule shall be in full force and effect as of the date of the adoption of this resolution.

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CITY OF ALEXANDRIA, VIRGINIA

CODE ENFORCEMENT BUREAU

FEE SCHEDULE

June 14, 1994









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The following is a description of the fees to be charged for various permits and certificates issued by, and for various services performed by, the Alexandria Code Enforcement Bureau. No permit or certificate may be issued, nor service rendered until the applicable fee has been paid in full. Permits remain the property of the City of Alexandria from time of issuance until time of expiration.

1. CONSTRUCTION FEES:

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h. BUILDING CODE MODIFICATION FEE: The fee to process an application for a modification to the Uniform Statewide Building Code (Volumes 1 and 2) shall be $100.00.

i. CERTIFICATE OF USE AND OCCUPANCY: The fee for a certificate of Use and Occupancy for a one or two family dwelling shall be $125. The fee for a Certificate of Use and Occupancy for a commercial tenant space 500 square feet and less is $100; for a tenant space between 501 and 1500 square feet shall be $125 and any space greater than 1500 square feet shall be $150. A Certificate of Use and Occupancy for the shell and core areas of any building shall be $500 and the Master Certificate of Use and Occupancy shall be $150.

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k. DEMOLITION: The fee for a permit to demolish a building or structure shall be one hundred dollars ($100.00) for each building or structure. A performance bond or cash deposit will be required in the amount of one dollar per square foot ($1.00/sq. ft.) for the gross square footage of the building to be razed for the purpose of assuring the completion of demolition, securing the site for public safety, finished grading, sodding/ seeding of the site and other necessary measures to prevent soil erosion. The minimum cash deposit or bond shall be one thousand dollars ($1,000.00). Should the bond/cash deposit not adequately fulfill this purpose, the City of Alexandria shall have the right to place a lien on the property in an amount sufficient to reimburse it for its expenses made to enforce or accomplish compliance with the above to the extent the same are not adequately provided for by the bond.

l. DEPOSIT FOR PLANS REVIEW: For those permit applications which require plans review, twenty percent (20%) of the estimated permit fee will be deposited with the City of Alexandria at the time of submission as payment for the plans review. This deposit is non-refundable and the amount will be deducted from the total permit fee at the time of permit issuance.

m. MULTIPLE REINSPECTIONS: Routine inspections are defined as one inspection and one reinspection. In the event that more than one reinspection is required to approve any element of construction, an administrative fee of fifty dollars ($50.00) will be applied to the second and each subsequent reinspection. No second or subsequent reinspection will be conducted unless the applicant has paid any previous administrative reinspection fee.

n. FIRE HYDRANT FLOW RATE TESTING FEE: The fee for fire hydrant flow rate testing shall be $206.00.

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2(A). ELECTRICAL FEES (RESIDENTIAL): 101 to 200 Amperes 96.00
201 to 300 Amperes 144.00
301 to 400 Amperes 192.00

2(B). ELECTRICAL FEES (OTHER THAN ONE/TWO FAMILY DWELLINGS):
2(C). ELECTRICAL FEES (SPECIAL):

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3. ELEVATOR PERMIT AND INSPECTION FEES:

Elevator, escalator, dumbwaiter, chairlift, manlift, and moving walkway inspection and permit fees are based upon the award of annual contracts to qualified third party elevator inspection services. The fees to the consumer are calculated at one hundred per cent (100%) of the actual cost to the City of Alexandria plus five percent (5%) as administrative fees.

4. PLUMBING PERMIT FEES:

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5. MECHANICAL PERMIT FEES:
6. APPLIANCE FEES (ELECTRICAL OR MECHANICAL):

The total of permit fees to be collected for the installation of appliances such as garbage disposals, dishwashers, water heaters, air-conditioning units, heating appliances, furnaces and similar equipment shall be thirty dollars ($30.00) or one and two-tenths percent (1.2%) of the total purchase and installation costs, including overhead and labor, whichever is higher.

7. ADDITIONAL SPECIAL SERVICE FEES:
8. RESIDENTIAL RENTAL PERMIT FEE:

The fee for the issuance or renewal of a residential rental permit shall be $3.00 per dwelling unit with a minimum fee of $30.00.

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9. BUILDING MAINTENANCE CODE COMPLIANCE DATE EXTENSION FEE:
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35. Consideration of a Resolution Authorizing and Directing the Condemnation of 327 North West Street under Section 2.04.2(B) and 13.03 of the City Charter and Section 7-2-4 of the City Code. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 25, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/14/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution which authorizes the City Attorney (or such other attorney as the City may retain) to acquire 327 North West Street by eminent domain on behalf of the City. The voting was as follows:

Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
RESOLUTION NO. 1693

WHEREAS, the City of Alexandria, Virginia, desires to acquire 1,416 square feet of land, more or less, commonly known as 327 North West Street, together with all improvements thereon, located within the City of Alexandria, for blight removal purposes, the said land being shown on a plat attached hereto and made a part hereof, and being more particularly described below;

WHEREAS, the City Council of Alexandria is of the opinion that a public necessity exists for the immediate acquisition by the City of Alexandria of the said land and improvements for blight removal purposes, and so finds;

WHEREAS, the land records of the City of Alexandria indicate that the owners of the said land and improvements are Thelma Fortune and Virginia Fortune Slaughter;

WHEREAS, the City of Alexandria is empowered by chapter 2 of its charter to acquire by condemnation real property in the city which is blighted, deteriorated, deteriorating, a blighting influence on the neighborhood, or in nonconformance with the city's zoning code or master land use plan, to clear, demolish or rehabilitate any such real property, and to dispose of any such real property by lease or sale to any person;

WHEREAS, the City of Alexandria is empowered by chapter 13 of its charter to acquire private property by condemnation for the purpose of carrying out its powers and duties whenever, in the opinion of city council, a public necessity exists therefor; and

WHEREAS, the City of Alexandria has made a bona fide effort to purchase the said land and improvements from the owners, but cannot reach an agreement with them on the terms of purchase or settlement because of an inability to agree on the compensation to be paid and/or on other terms of purchase or settlement;

NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA

1. That, pursuant to the provisions of chapters 2 and 13 of the Charter of the City of Alexandria, the city council authorizes and directs the city attorney, or such other attorney or attorneys as the city may retain, to acquire, by "quick take," the land described below in Section 2 and the title to such land
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for the City of Alexandria, together with all improvements located thereon, by the institution of condemnation proceedings under §2.04.2(b) and §13.03 of the city charter, in the Circuit Court for the City of Alexandria, and to take any and all actions necessary and proper to conduct those proceedings to their conclusion;

2. That the real property to be acquired pursuant to the authorization contained in this resolution is commonly known as 327 North West Street and is described as follows:
3. That, based upon an appraisal by a qualified real estate appraiser of the said land, together with improvements thereon, the city council estimates that $64,000 is the amount necessary to compensate the owners of the property described in Section 2, and directs that this amount be deposited, upon the institution of the condemnation proceedings, for the acquisition of the property in a bank within the City of Alexandria to the credit of the Circuit Court for the City of Alexandria.
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36. Consideration of Local Governing Body Approval of a Resolution Authorizing ARHA Issuance of Tax-Exempt Bonds to Finance the Acquisition and Rehabilitation of Buckingham Villages 8, 9, 10, 11 and 12 in Arlington, Virginia. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/14/94, and is incorporated herewith as part of this record by reference.)

Councilman Speck stated for the record that his firm will participate likely in the underwriting of these bonds. He indicated that he has no direct financial interest in the decisions concerning underwriting and he will participate in the vote.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution approving the Alexandria Redevelopment and Housing Authority (ARHA) issuing up to $25,000,000 in tax-exempt bonds for the acquisition and rehabilitation of 512 units at Buckingham Villages 8, 9, 10, 11 and 12 by Paradigm Development Company, on behalf of Loudoun Holding II Inc. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1694
WHEREAS, The Alexandria Redevelopment and Housing Authority (the "Authority") has agreed to use its best efforts to assist Loudoun Holding II, Inc., a Delaware corporation (or an affiliate thereof or such other successor entity as may be formed by it to own and/or operate the hereinafter described project) (the "Developer"), to acquire, rehabilitate and equip a certain multifamily residential rental development, consisting of approximately 55 buildings containing 512 units to be occupied in part by persons of low and moderate income known as Buckingham Village Apartments and located in Arlington County, Virginia (the "Project") and, in particular, to undertake the issuance of its bonds in an approximate amount not to exceed $25,000,000 (the "Bonds") upon the terms and conditions to be mutually agreed upon between the Authority and the Developer, and to loan the proceeds of such Bonds (the "Loan") to the Developer pursuant to a loan agreement which will provide for the repayment of the Loan in amounts sufficient to pay the principal of, premium, if any, and the interest on the Bonds; and

WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of bonds, such as the Bonds, shall approve the issuance of such bonds; and

WHEREAS, the Authority operates within the jurisdiction of the City of Alexandria, Virginia, (the "City") and the City Council of the City (the "City Council") constitutes the highest elected governmental body of the City; and

WHEREAS, a public hearing was conducted by the Authority on May 10, 1994, for consideration of the proposed financing of the Project; and

WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, has been filed with the City Council;

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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA:

1. The City Council approves the issuance of the Bonds by the Authority and the loan of the proceeds thereof to Developer to the extent required by Section 147(f) of the Code and the Act, to permit the Authority to assist in the financing of the Project.

2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Code and the Act, does not constitute an endorsement to a prospective purchaser thereof of the creditworthiness of the Project or the Developer, but, as required by Section 36-39 of the Act, the Bonds shall provide that the bonds shall not be a debt of the commonwealth or any political subdivision thereof (other than the Authority), including the City of Alexandria and neither the Commonwealth nor any political subdivision thereof (other than the Authority), including the City of Alexandria, shall be liable thereon, nor in any event shall such Bonds be payable out of any funds or properties other than those of the Authority specifically pledged thereto. The Bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

3. This resolution shall take effect immediately upon its adoption.

OTHER (A copy of the City Manager's memorandum dated June 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/14/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried unanimously, City Council received the updated Council Schedule, as amended, by setting Tuesday, June 21, 1994, at 7:00 p.m. as the back-up date for a continuation of Saturday's public hearing, and adding the Human Rights Commission Reception scheduled for June 28, 6:30 p.m. in Room 2000. The voting was as follows:

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

New Business Item No. 1: Councilman Jackson commended the recent action of Vice Mayor Cleveland in apprehending an 8-year-old boy who was trying to steal a truck.

Vice Mayor Cleveland explained the events which led to the arrest.

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CONTESTED APPOINTMENTS

43. (a) Consideration of Request to Defer Appointments to the Alexandria Early Childhood Commission until September.
(A copy of the City Manager's memorandum dated June 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43 (a-b); 6/14/94, and is incorporated herewith as part of this record by reference.

Material pertaining to these appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 43 (a-b); 6/14/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Council Member Rich and carried unanimously, City Council approved the recommendation of the Early Childhood Commission that action on the two applications for citizen at-large Commission appointments be deferred until the second Council meeting in September and authorized the Executive Secretary for Boards and Commissions to readvertise the vacancies. The voting was as follows:

Jackson "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
(The following persons volunteered for or were recommended for appointment to the above Committee:)

NAME ENDORSED BY:

Victoria Farrell

Joseph Gerard

Brigitte Lever Henry Brooks, Chair
Alexandria-Caen Exchange Comm.
Richard O'Gara

Dorothy Zuckerkandel

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 38; 6/14/94, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Brigitte Lever as a Citizen Member to the Alexandria-Caen Exchange Committee. The voting was as follows:

Ticer - Lever
Cleveland - Lever
Donley - Zuckerkandel
Jackson - Zuckerkandel
Pepper - Lever
Rich - Lever
Speck - Zuckerkandel
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(The following persons volunteered or were recommended for appointment to the above Board:)

NAME ENDORSED BY:

Kerry St. Clair* Federation of Civic Associations

John Sullivan

*Incumbent

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 39; 6/14/94, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed Kerry St. Clair as the Representative from the Alexandria Federation of Civic Associations to the Alexandria Carr/Norfolk Southern Design Review Board. The voting was as follows:

Ticer - St. Clair
Cleveland - St. Clair
Donley - St. Clair
Jackson - St. Clair
Pepper - St. Clair
Rich - St. Clair
Speck - Sullivan
(The following persons volunteered for appointment to the above Board:) NAME ENDORSED BY:

J. Stephen Carmody

George Ellmore

Gordon Ferris

Thomas Fulham, Jr.

Francis Johnson

K. Robert Krupicka (Application Withdrawn 6/10/94)

Patricia Ridgely

Christopher Yukins


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(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 40; 6/14/94, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed George Ellmore as a Citizen Member to the Alexandria Board of Zoning Appeals. The voting was as follows:

Ticer - Ellmore
Cleveland - Ellmore
Donley - Ellmore
Jackson - Ellmore
Pepper - Ellmore
Rich - Yukins
Speck - Johnson
(The following person was recommended for appointment to the above Commission:) John Klousia* Alexandria Medical Society
*Incumbent
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 41; 6/14/94, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed John Klousia as a Representative of the Alexandria Medical Society to the Alexandria Public Health Advisory Commission. The voting was as follows:

Ticer - Klousia
Cleveland - Klousia
Donley - Klousia
Jackson - Klousia
Pepper - Klousia
Rich - Klousia
Speck - Klousia
(The following persons volunteered for appointment to the above Commission:)
Cecelia Godfrey

Michele Maduro

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(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 42; 6/14/94, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Cecelia Godfrey as a Parent Member to the Alexandria Youth Services Commission. The voting was as follows:

Ticer - Godfrey
Cleveland - Godfrey
Donley - Godfrey
Jackson - Godfrey
Pepper - Godfrey
Rich - Godfrey
Speck - Godfrey
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Councilman Speck and carried unanimously, City Council reconsidered Docket Item No. 17. The voting was as follows:

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

THEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council passed the ordinance for the cable television franchise on its First Reading and set Docket Item No. 17 for Public Hearing, Second Reading and Final Passage on Saturday, June 18, 1994. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, at 10:05 p.m., the Regular Meeting of Tuesday, June 14, 1994, was adjourned. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
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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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.
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