Regular Meeting
Tuesday, April 28, 1992 - - 7:30 pm
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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, Redella S. Pepper, Lonnie C. Rich, and David G. Speck.
Absent: Councilman T. Michael Jackson.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Services; Mr. Platky, Director of Management and Budget; Ms. Davis, Director of Housing; Mr. Cyphers, Director of Human Services; Mr. Neckel, Director of Finance; Mr. Brannan, Assistant City Manager; Ms. Boyd, Director of Citizen Assistance; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mr. Garrity, Grants Management Coordinator; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Federico, Director of Historic Alexandria; Mr. Horowitz, Director, Division of Community Services; Ms. Janney, Travel Promotion Manager; Ms. Barnett, Division Chief, Recreation, Parks and Cultural Activities; Mr. Looney, Division Chief, Office of Housing; Fire Chief Beam; and Sergeant Clancey, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
It was noted that there was a Work Session with congressman Moran to discuss Federal legislation impacting the City at 6:30 p.m. in the Council Workroom. The areas of interest discussed were (1) U.S. Conference of Mayors 1992 Emergency Jobs and Anti-Recessionary Initiatives; (2) Budget and Finance; (3) Cable Television; (4) Environment; (5) Human Services; (6) Housing; and (7) Public Safety. Congressman Moran also gave an update of the Navy consolidation.
(A copy of the agenda and materials are on file in the office of the City Clerk and Clerk of Council and are incorporated as part of the record by reference.)
OPENING
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of Council were present except Councilman Jackson.
The Invocation was pronounced by Reverend L. Watts, Pastor, Washington Street United Methodist Church.
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3. THERE BEING NO DISCUSSION, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Vice Mayor Cleveland and carried unanimously by all those present, City Council approved as submitted the Minutes of (a) the Regular Meeting of April 14, 1992; and (b) the Budget Work Session of April 20, 1992. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Jackson absent
Cleveland "aye" Rich "aye"
Speck "aye"
NOTE: Page 18, line 3 of the paragraph beginning "AFTER CONSIDERABLE DISCUSSION," of the Minutes of April 14, 1992, has been corrected to reflect that the four agencies in brackets should be corrected to read [ARHA, Community Services Board, Early Childhood Development Commission and Health Department]. This correction was made at the request of Council Member Rich as indicated in the City Clerk's memorandum dated 5/4/92, to the Members of City Council and incorporated herewith as part of this record by reference.
4. THERE BEING NO DISCUSSION, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Vice Mayor Cleveland and carried unanimously by all those present, City Council received the report of the City Clerk, dated 4/22/92, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/28/92, and is incorporated herewith as part of this record by reference. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Jackson absent
Cleveland "aye" Rich "aye"
Speck "aye"
5. Presentation of a Resolution Acknowledging the Haymans for their Outstanding Civic and Economic Contributions to the City. (Councilman Speck, Mayor Ticer, Vice Mayor Cleveland, Councilman Donley, Councilman Jackson, Councilwoman Pepper and Council Member Rich)
(Councilman Speck presented the resolution.)
WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously by all those present, City Council adopted the resolution. The voting was as follows:
Speck "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson absent
Rich "aye"
The resolution reads as follows:RESOLUTION NO. 1596
WHEREAS, Joseph Hayman opened his first store in Alexandria in 1902; and
WHEREAS, Hayman's, the oldest family-owned retail store in Alexandria, will close on August 1; and
WHEREAS, the business prospered under the guiding hands of the Haymans for 90 years; and
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WHEREAS, Hayman's became the anchor store for Tavern Square, one of the first projects in the revitalization of Old Town; and
WHEREAS, Joseph Hayman's son, Benjamin, began working in his father's store when he was a boy; and
WHEREAS, Benjamin Hayman created and organized the Alexandria Days Celebration, served as President of the Alexandria Retail Merchants Association, coordinated 30 years of benefit fashion shows for the Alexandria Hospital, and received innumerable awards and honors for his tireless dedication to the commercial and civic life of Alexandria; and
WHEREAS, Benjamin, his wife, Bessie, and their children continue to participate in and contribute to the community;
NOW, THEREFORE, I, PATRICIA S. TICER, Mayor of the City of Alexandria, Virginia, and on behalf of the Alexandria City Council, do hereby resolve that the City of Alexandria gratefully acknowledges the Haymans' many years of outstanding civic and economic contributions to our City.
6. Presentation of a Proclamation Declaring the Week of April 26 to May 6, 1992, as Crime Victims' Rights Week in the City of Alexandria. (Mayor Ticer)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/28/92, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer presented the proclamation.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded simultaneously by Councilman Donley and Councilwoman Pepper and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Ticer "aye"
Donley "aye" Jackson absent
Pepper "aye" Rich "aye"
Speck "aye"
7. Presentation of Proclamation Acknowledging the Century of Outstanding Services and Contributions of Local 26 of the International Brotherhood of Electrical Workers. (Vice Mayor Cleveland, Council Member Rich, Mayor Ticer and Councilman Speck)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/28/92, and is incorporated herewith as part of this record by reference.)
(Vice Mayor Cleveland presented the proclamation.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded simultaneously by Councilman Donley and Council Member Rich and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Ticer "aye"
Donley "aye" Jackson absent
Rich "aye" Pepper "aye"
Speck "aye"
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8 Presentation of a Proclamation Proclaiming May 15 through June 15, 1992, as Safe Boating and Courtesy Marine Examination Month. (Mayor Ticer)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 4/28/92, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer presented the proclamation.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson absent
Ticer "aye" Rich "aye"
Speck "aye"
9. Presentation of a Proclamation Proclaiming the Month of May as Summer Jobs for Youth Month.
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 4/28/92, and is incorporated herewith as part of this record by reference.)
(Council Member Rich presented the proclamation.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson absent
Ticer "aye" Rich "aye"
Speck "aye"
10. Presentation of a Resolution Honoring the Recipients of The Golden Trash Awards. (Vice Mayor Cleveland and Councilwoman Pepper)
(Vice Mayor Cleveland and Councilwoman Pepper presented the resolution.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously by all those present, City Council adopted the resolution. The voting was as follows:
Cleveland "aye" Jackson absent
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:RESOLUTION NO. 1597
WHEREAS, Mr. James Reese and Dr. Doris Lundberg have been recognized by their peers and neighbors for outstanding contributions to recycling in Alexandria; and
WHEREAS, Mr. Reese and Dr. Lundberg were the first recipients of the "Golden Trash Awards" presented by the Campagna Center and the City's Recycling Office during Earth Week 1992; and
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WHEREAS, the City of Alexandria is becoming a leader in recycling due to the commitment of citizens such as Mr. Reese and Dr. Lundberg; and
WHEREAS, Mr. Reese and Dr. Lundberg's recycling efforts exemplify a spirit of community service and dedication to the environment; and
WHEREAS, Mr. Reese and Dr. Lundberg have incorporated the recycling and reuse ethic in their personal and professional lives; and
WHEREAS, the efforts of Mr. Reese and Dr. Lundberg have brought greater attention to the value of conserving resources and have inspired others to join them in their efforts;
NOW, THEREFORE, BE IT RESOLVED that the Alexandria City Council hereby commends Mr. James Reese and Dr. Doris Lundberg for their outstanding achievements in recycling and their contributions to the environment.
Presentation of a Proclamation Proclaiming the Week of May 3-9, 1992, as National Tourism Week in the City of Alexandria.
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/28/92, and is incorporated herewith as part of this record by reference.)
(Councilman Donley presented the proclamation.)
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson absent
Pepper "aye" Rich "aye"
Speck "aye"
12. Presentation of Proclamation Honoring Ronnie DeVaughn Haskins for His Volunteer Work and Leadership on Behalf of the Young People in Alexandria. (Vice Mayor Cleveland)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/28/92, and is incorporated herewith as part of this record by reference.)
(Vice Mayor Cleveland presented the proclamation.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded simultaneously by Councilman Donley and Councilwoman Pepper and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Ticer "aye"
Donley "aye" Jackson absent
Pepper "aye" Rich "aye"
Speck "aye"
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 13 - 23
WITHOUT OBJECTION, City Council removed Docket Item No. 23 from the Consent Calendar.
13. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(a) Alexandria Board of Zoning Appeals
April Burke
(A copy of the above resignation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13(a); 4/28/92, and is incorporated herewith as part of this record by reference.)
14. Uncontested Appointments to Boards, Commissions and
Committees:
(a) Alexandria Ad Hoc Committee on Electromagnetic Fields in Old Town
1 Representative from the Alexandria
Environmental Policy Commission
(b) Alexandria Sister Cities Committee
1 Member from the Alexandria-Leninakan Exchange Committee
(c) USS Alexandria Liaison Committee
1 Representative from the Alexandria Chamber of Commerce
(d) Alexandria Youth Services Commission
1 Youth Member
(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. 14(a-d); 4/28/92, and is incorporated herewith as part of this record by reference.)
15. Consideration of Request to Vacate a Position on the Social Service Advisory Board.
(A copy of the City Manager's memorandum dated 4/14/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 4/28/92, and is incorporated herewith as part of this record by reference.)
16. Consideration of Acceptance of Performance Incentive Funds Under the Job Training Partnership Act Program Awarded to the Alexandria/Arlington Service Delivery Area.
(A copy of the City Manager's memorandum dated 4/17/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 4/28/92, and is incorporated herewith as part of this record by reference.)
17. Consideration of Application for Funds from the Virginia Department of Criminal Justice Services for the City's Victim/Witness Assistance Program.
(A copy of the City Manager's memorandum dated 4/16/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 4/28/92, and is incorporated herewith as part of this record by reference.)
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18. Consideration of Acceptance of Foundation Funds by the Office of Historic Alexandria from the Historic Alexandria Foundation.
(A copy of the City Manager's memorandum dated 4/14/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 4/28/92, and is incorporated herewith as part of this record by reference.)
19. Consideration of an Allocation of Monies for HVAC Renovations and Classroom Air Conditioning at George Mason Elementary School.
(A copy of the City Manager's memorandum dated 4/15/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 4/28/92, and is incorporated herewith as part of this record by reference.)
20. Consideration of an Allocation of Monies for Classroom Air Conditioning at Patrick Henry Elementary School.
(A copy of the City Manager's memorandum dated 4/15/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 4/28/92, and is incorporated herewith as part of this record by reference.)
21. Consideration of an Allocation of Monies for Classroom Air Conditioning at Maury Elementary School.
(A copy of the City Manager's memorandum dated 4/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 4/28/92, and is incorporated herewith as part of this record by reference.)
22. Consideration of the Economic Opportunities Commission and Division of Economic Opportunities Annual Report for 1990-1991.
(A copy of the City Manager's memorandum dated 4/14/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 4/28/92, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion simultaneously made by Council Member Rich and Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously by all those present, City Council approved the Consent Calendar as presented with the exception of Docket Item No. 23 which was considered under separate motion. The City Manager's recommendations are as follows:
13. City Council received the following resignation with regret: (a) April L. Burke from the Alexandria Board of Zoning Appeals; and requested the Executive Secretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.
14. City Council (a) appointed Thomas Brown as a Representative from the Alexandria Environmental Policy Commission to the Alexandria Ad Hoc Committee on Electromagnetic Fields in Old Town; (b) appointed Helen Bertot as a Member from the Alexandria-Leninakan Exchange Committee to the Alexandria Sister Cities Committee; (c) appointed Lea Fowlie as a Representative from the Alexandria Chamber of Commerce to the USS Alexandria Liaison Committee; and (d) reappointed Kate Gemmell as a Youth Member to the Alexandria Youth Services Commission.
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15. City Council declared the position vacant and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy.
16. City Council accepted the $53,173 as Alexandria's portion of the performance incentive funds.
17. City Council authorized the City Manager to submit the grant application and execute all necessary contracts and documents.
18. City Council authorized the City Manager to accept these funds and authorized the City Manager to execute any documentation that may be required.
19. City Council allocated $320,000 from Account 040006-9712 (Cash Capital) to Account 200659-2121 (George Mason Elementary) for HVAC renovations and the air conditioning of classrooms and offices at George Mason Elementary School.
20. City Council allocated $304,000 from Account 040006-9712 (Cash Capital) to Account 200626-2121 (Patrick Henry Elementary) for the air conditioning of the classrooms and offices at Patrick Henry Elementary School.
21. City Council allocated $280,000 from Account 040006-9712 (Cash Capital) to Account 200766-2121 (Maury Elementary School) for the provision of classroom and office air conditioning at Maury Elementary School.
22. City Council received the annual report of EOC and DEO and thanked the EOC members for their work on behalf of the City.
END OF CONSENT CALENDAR
The voting was as follows:
Rich "aye" Ticer "aye"
Speck "aye" Donley "aye"
Cleveland "aye" Jackson absent
Pepper "aye"
23. Consideration of the 1991 Summer Youth Employment Program Report and Plans for Summer 1992.
(A copy of the City Manager's memorandum dated 4/22/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 4/28/92, and is incorporated herewith as part of this record by reference.)
(Councilman Speck asked questions of Mr. Horowitz, Director of Community Services, as to how contributions to the program are identified. The staff will make it clear to contributors as to where funds should be sent to the summer jobs program.)
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously by all those present, City Council accepted the report. The voting was as follows:
Speck "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson absent
Pepper "aye"
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
24. Consideration of Federal Mandate Legislation - S.2348 and S.2349. (Council Member Rich)
(A copy of the City Manager's memorandum dated 4/21/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 4/28/92, and is incorporated herewith as part of this record by reference.)
(Council Member Rich made comments on this item.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council supports Senate Bill 2348 and Senate Bill 2349. These bills seek to provide State and local governments relief from unfunded federal mandates. In addition, City Council supports House Bill 3477. This bill, supported by Congressman Moran and members of the Virginia delegation, would provide federal aid for the treatment or elimination of combined sewer overflows (CSOs) under a federal, state and local cost-sharing arrangement. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson absent
Speck "aye"
25. Consideration of Request from Mr. Michael Casey to Hold "Colin's Annual Fun Run" on June 13.
(A copy of the City Manager's memorandum dated 4/22/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 4/28/92, and is incorporated herewith as part of this record by reference.)
(There was considerable discussion by Members of City Council, the City Manager, and Ms. Evans, Assistant City Manager, with respect to waiving of the fees.
WITHOUT OBJECTION, Michael Casey, 7105 Fort Hunt Road, addressed this issue.)
WHEREUPON, a motion was made by Councilman Donley and seconded by Councilwoman Pepper, to approve "Colin's Annual Fun Run" on Saturday, June 13, on the route suggested by the City Manager, and that City Council allocate $2300 from Contingent Reserves to cover the expenses associated with this race, just for this time; which motion FAILED on a vote of 1 "aye" to 5 "noes". The voting was as follows:
Donley "aye" Cleveland "no"
Pepper "no" Jackson absent
Ticer "no" Rich "no"
Speck "no"
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THEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilman Speck and Vice Mayor Cleveland and carried unanimously by all those present, City Council (1) approved "Colin's Annual Fun Run" on Saturday, June 13, and the route for the race, which begins at St. Mary's School, 400 Green Street, and ends at Waterfront Park, One Prince Street, for this year only. Staff will work with Mr. Casey to identify another location out of Old Town, such as Chinquapin Park or the T.C. Williams High School Track, for future races and (2) the fees would stand as recommended by the City Manager at $2300. The voting was as follows:
Donley "aye" Ticer "aye"
Speck "aye" Jackson absent
Cleveland "aye" Pepper "aye"
Rich "aye"
26. Receipt of the City's Financial Report for the Period Ending March 31, 1992.
(A copy of the City Manager's memorandum dated 4/16/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 4/28/92, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper asked questions of Mr. Gitajn, Director of Financial and Information Services.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council accepted the Financial Report for the period ending March 31, 1992. The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson absent
Rich "aye"
27. Consideration of the Fair Housing Testing Report.
(A copy of the City Manager's memorandum dated 4/22/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 4/28/92, 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 by all those present, City Council (1) received the report; (2) referred the report to the Fair Housing Testing Program Advisory Committee for comments; and (3) approved the recommendation of the Fair Housing Testing Program Advisory Committee to add a representative from the Alexandria Gay and Lesbian Community Association. The voting was as follows:
Speck "aye" Ticer "aye"
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson absent
Rich "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None
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ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilwoman Pepper noted that the Washington Post honors various teachers throughout the metropolitan area and Monday they honored 17 Washington area teachers. One of those honored was Charles Barnett Lawrence who is a teacher at T.C. Williams High School in the business and accounting department. We are very proud to have him.
(b) Councilman Speck announced that Detective Dana Lawhorne is this year's coordinator of the Memorial Service for the Police Department. Detective Lawhorne asked him to mention to his colleagues, as well as to the viewing audience, that the Memorial Service this year will be on Thursday, May 14, at 7:30 p.m. at the Baptist Temple Church, 700 Commonwealth Avenue. All are welcome.
(c) Councilman Speck spoke to the matter of the site plan for the Mt. Calvary Church on Mt. Vernon Avenue. He understands that this deal is not consummating and he had asked the City Manager to give Council an update on that.
The City Manager stated that Planning Director Lynn contacted Mr. Taylor Burke III, with regard to this issue. He was informed that the contract for sale has either fallen through or is in the process of falling through because the bank and the church have been unable to negotiate an agreement to provide parking on the bank's property. Mr. Burke informed Mr. Lynn that it was his opinion that such an agreement was unlikely to be worked out.
Planning Director Lynn added that the church has two options open. One option is to go to court and another option is to come back to City Council and ask Council to lift the condition that they placed on the site plan.
Council Member Rich stated Taylor Burke, Jr., he believes, called him and expressed his opinion that the condition that the church had some sort of legally enforceable right to park in the bank's lot was onerous. He just doesn't think that he can do it. He asked for some other way to do it and suggested that he speak to staff. Council Member Rich suggested that maybe he would consider an agreement that would be enforceable for five years and Council could look at it again. He wanted to know if something could be worked out.
Mayor Ticer stated that the church felt that it really is not necessary for Wednesday and Friday nights. It would only be on Sunday that they would need parking, and maybe not even then. It may interfere with the hours at the bank, particularly on Friday night. She thought that what they would like to happen is a loosening of that [parking] requirement for Wednesday and Friday evening on the bank. That is very difficult.
Councilman Speck recalled that at the time Council was debating this, Council was told that there was a very tight time frame to have this matter resolved. Although it was difficult, he felt that Council tried to accommodate that request. He will not be comfortable with the position that the parking issue is the basis upon which this deal has fallen apart. He felt what the Council asked for was a very straightforward request to have a confirmation that parking would be available and something stronger than an informal letter. He feels that if the reason that it is not completed is being blamed on the Council, he stated that that is not only inaccurate but highly unfair to the Council. Even with strong neighborhood opposition, council voted to approve it with the caveat to insure that parking was not withdrawn shortly after the building was built. It is not proper for them to represent that this deal may not go through because of that. He hopes that Council can continue to be informed as to how it progresses.
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(d) Councilman Speck suggested that because of the increased number of proclamations, he requested that he and the Mayor work in an informal study group with Michele Evans and Rose Boyd to see if there aren't some procedures and some ground rules they might be able to work out to avoid taking as much time during the prime legislative time of the evening for proclamations.
Mayor Ticer stated that it would involve one meeting only.
(e) Council Member Rich stated that the Virginia General Assembly recently passed and the Govenor signed a bill giving localities throughout the State local option with regard to selecting school board members. In order to give Alexandria local option, the issue has to be placed on the ballot by virtue of a petition signed by 10% of the registered voters. He and Vice Mayor Cleveland are sending out the petition to a number of people that they know are or have been interested in this issue. Council Member Rich is having a meeting at his house on Wednesday, May 20 at 8:00 p.m. at 525 Monticello Blvd. Petitions need to be signed by August 4 or 5 to get it on the ballot for this November. If it gets on the ballot, it will require a majority of those voting on that issue to pass it and then the first elections would not be until May 1994 when we have the Council election. People are invited to call Vice Mayor Cleveland and him on this issue, as well as attending the meeting at his house.
ORDINANCES AND RESOLUTIONS
28. Introduction and Fisrt reading. Consideration. Passage on First and Second readings and Final Passage of AN ORDINANCE adopting Supplement 34 to The Code of the City of Alexandria, 1981, as amended.
The Clerk read the docket item.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the oridance upon its First and Second Readings. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson absent
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3566
AN ORDINANCE adopting supplemental pages for The Code of the City of ALexandria, Virginia, 1981, as amended , and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the sections and portions thereof set forth in the supplemental and replacement pages for The Code of the City of Alexandria, Virginia, 1981, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 34," are hereby adpoted as and shall constitute "The Thirty-Fourth Supplement to The Code of the City of Alexandria, Virginia, 1981."
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Section 2. That the sections and portions thereof set forth in "The Thirty-Fourth Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be in force and effect on and after the effective date of this ordinance, and all ordinances of a general and permanent nature which were adopted between June 25, 1991, and December 14, 1991, and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, are hereby repealed, except as otherwise provided in section 3 of this ordinance.
Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any ordinance saved from repeal by Ordinance No. 1250; nor shall it affect any ordinance listed in appendices A through J, both inclusive, of The Code of the City of Alexandria, Virginia, 1981, or any pages supplemental to such appendices; nor shall it affect any provision of any ordinance adopted between June 25, 1991, and December 14, 1991, which is inadvertently omitted from or erroneously incorporated into The "Thirty-Fourth Supplement to The Code of the City of Alexandria, Virginia, 1981" or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.
Section 4. That one complete set of pages comprising "The Thirty-Fourth Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the supplemental and replacement pages of such supplement shall be properly inserted into the copy of The Code of the City of Alexandria, Virginia, 1981, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.
Section 5. This ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 4/28/92
First Reading: 4/28/92
Second Reading: 4/28/92
Final Passage: 4/28/92
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29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE containing a proposed electric power franchise ordinance for the City of Alexandria and authorizing the city clerk to publish advertisements soliciting bids for the city's electric power franchise. Under the electric power franchise ordinance, the city proposes to grant a franchise, subject to specified terms and conditions, which would permit the franchisee to locate, construct, install, improve, maintain, repair and use poles, towers, wires, conductors, cables, conduits, lines, subways, duct banks, manholes, handholes, and other equipment and appliances in, over, along, on and under the public streets, public alleys and other public places of the city for the purpose of distributing, transmitting, and selling electric current for light, heat and power within the boundaries of the city. (#37 4/25/92)
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(A copy of the City Manager's memorandum dated 4/23/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 4/28/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Mr. O'Kane, Director of Transportation and Environmental Services, and the City Attorney answered questions of Council Member Rich and Councilwoman Pepper.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson absent
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3567
AN ORDINANCE to provide for the grant by the City of Alexandria, Virginia, to a person or persons, or to a corporation, its successors and assigns, hereafter to be ascertained in the mode prescribed by law, of the right, for the term and upon the conditions hereinafter stated, to locate, construct, install, improve, maintain, repair and use, and if now constructed to maintain, repair and use, poles, towers, wire, conductors, cables, conduits, lines, subways, duct banks, manholes, handholes, and other equipment and appliances in, over, along, on and under the public streets, public alleys and other public places of the City of Alexandria, Virginia, for the purpose of distributing, transmitting and selling electric current for light, heat and power at any point within the corporate limits of the City of Alexandria, as such limits now exist or may hereafter be extended or altered.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Article I. That there shall be granted, in the mode prescribed by law for franchise grants and upon the conditions hereinafter specified, the rights and privileges in, over, along, on and under the public streets, public alleys and other public places of the City of Alexandria, Virginia, as such rights and privileges are set forth in the following draft ordinance:
AN ORDINANCE
To grant to______________, its successors and assigns, the right, for the term and upon the conditions hereinafter stated, to locate, construct, install, improve, maintain, repair and use, and if now constructed to maintain, repair and use, poles, towers, wires, conductors, cables, conduits, lines, subways, duct banks, manholes, handholes, and other equipment and appliances in, over, along, on and under the public streets, public alleys and other public places of the City of Alexandria, Virginia, for the purpose of distributing, transmitting and selling electric current for light, heat and power at any point within the corporate limits of the City of Alexandria, as such limits now exist or may hereafter be extended or altered.
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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the right is hereby granted unto________________, and its successors and assigns (hereinafter referred to collectively as the "Grantee"), for the term and subject to the provisions, terms, conditions and limitations hereinafter stated in this franchise ordinance, to locate, construct, install, improve, maintain, repair and use, and if now constructed to maintain, repair and use, poles, towers, wires, cables, conduits, lines, subways, duct banks, manholes, handholes, and other equipment and appliances (hereinafter referred to collectively as "Facilities") in, over, along, on and under the public streets, public alleys and other public places of the City of Alexandria, Virginia (hereinafter referred to as the "City") for the purpose of distributing, transmitting and selling electric current for light, heat and power at any point within the corporate limits of the City, as such limits now exist or may hereafter be extended or altered; provided, that this right shall extend only to such areas of the City as are now or may hereafter be allotted to the Grantee for service under a certificate of public convenience and necessity issued by the State Corporation Commission or successor agency in accordance with all applicable law.
Section 2. That, subject to the provisions, terms, conditions and limitations stated in this franchise ordinance, and subject to the lawful exercise of the police power of the City, Grantee shall have the right to maintain, repair and use the Facilities which, as of the effective date of this ordinance, are being maintained and used, and those additional Facilities which, after the effective date of this ordinance, are placed, constructed or installed in over, along, on or under the public streets, public alleys and other public places of the City for the purposes set forth in Section 1 of this ordinance.
Section 3. That from and after the effective date of this franchise ordinance:
(a) The Facilities in, over, along, on and under the public streets, public alleys and other public places of the City that are authorized by this franchise ordinance, whether in existence on the effective date of this ordinance or thereafter coming into existence, shall be at locations approved by the City that are reasonably suitable and convenient for the purposes of the Grantee and of the City, subject to the terms, provisions, conditions and limitations stated in this ordinance and, in addition, to the lawful exercise of the police power of the City and to the National Electric Safety Code. Except where approval is within the exclusive jurisdiction of the State Corporation Commission, the City's review and approval of the location of any Facilities shall be
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undertaken by the proper authorized administrative officer of the City, with the right on the part of the Grantee to appeal from the officer's decision to the City Council of Alexandria, and the decision of the Council on any such appeal shall be final and binding as to the location of the Facilities.
(b) If and when requested by the proper administrative officer of the City, and in any event from time to time, the Grantee shall file with the City plans showing the location of any Facilities which the Grantee proposes to place, construct or install in the City. In addition, Grantee shall obtain any and all permits required by the City or other governmental entities prior to the placement, construction or installation of any Facilities in, over, along, on and under the any public street, public alley or other public place of the City.
(c) Whenever the City determines that Facilities of the Grantee which are located in, over, on and under any public street, public alley or other public place of the City should be removed or relocated, either in connection with the construction, repair, relocation or improvement of a street, alley or public place, or pursuant to the lawful exercise of the police or another valid power of the City, Grantee shall, within a reasonable time after being requested by the City in writing, remove or relocate the Facilities, using construction techniques acceptable to the City, to such place as shall be mutually agreeable to the City and Grantee. Grantee shall bear all costs of any removal and relocation described in this subsection; provided, that the City shall make a good faith effort to obtain or cause to be obtained, without charge to Grantee, any permits that may be required for the removal or relocation to occur. If Grantee does not commence and complete removal or relocation within a reasonable time after the City's written notice, the City may, after giving at least sixty (60) days written notice to Grantee, take such actions, at Grantee's sole expense, as are necessary to effect the removal or relocation. In the event the City effects the removal or relocation of any Facilities pursuant to this subsection, the City shall not be liable to the Grantee for any damages incurred by Grantee that result from such removal or relocation. In addition, in the event the City effects the removal or relocation of any Facilities pursuant to this subsection, Grantee shall indemnify the City for, and hold the City harmless from, any and all losses, damages, judgments, liabilities, costs and expenses arising from or based upon the claims of third parties who allege personal injury, property damage or other loss caused, in whole or in part, by the removal or relocation; provided, that Grantee shall not be required to indemnify and hold the City harmless to the extent that the loss incurred by a third party is caused by the City's negligence.
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Section 4. That Grantee shall not place, construct or install, or move, alter or change the location of, any Facilities in, over, along, on or under any public street, public alley or other public place of the City, or dig in, cut or disturb any public street, public alley or other public place of the City, unless prior written notice of its intention to do so is given to such department or agency of the City as shall have been or may be designated by the City Manager or the City Council of Alexandria and permission in writing to do so has been granted to Grantee by such department or agency, which permission shall not be unreasonably withheld; provided, that, in cases of emergency and in cases where the requirement for notice and permission has been waived by such department or agency, no notice need be given and no permission need be obtained. Any permission provided pursuant to this section shall be conditioned upon Grantee's compliance with the provisions, terms, conditions, and limitations of this franchise ordinance and with such other provisions, terms, conditions, and limitations which, the City determines, will preserve, protect or promote the safety of the public using the streets, alleys and other public places of the City, or will prevent interference with or obstruction of the use of streets, alleys and other public places by the City, by the public or by another public utility or public service corporation for their respective purposes and functions, or will preserve, protect or promote the health, safety and general welfare of the City and its citizens.
Section 5. That, in placing, constructing, installing, improving, maintaining, repairing and using Facilities, as authorized by this franchise ordinance, Grantee shall avoid all unnecessary damage to the trees in and along the public streets, public alleys and other public places of the City, and shall not cut or otherwise injure said trees to any greater extent than is reasonably necessary in the placement, construction, installation, improvement, maintenance, repair and use of the Facilities.
Section 6. That, in the event Grantee shall, in the course of placing, constructing, installing, improving, maintaining, repairing or using any Facilities, damage or cause damage to any pavement, sidewalk, sewer, water or other pipe or works of the City, or other property of the City, Grantee shall, upon notice thereof from the City, promptly repair or replace the same at its own cost and expense. In the event Grantee has not initiated the repair or replacement work identified in a notice provided by the City under this section within sixty (60) days of the date of the notice, the City may undertake the repair or replacement work, and Grantee shall thereafter reimburse the City for any and all costs incurred by the City in performing the work. In the event the City undertakes repair or replacement work pursuant to this section, the City shall not be liable to the Grantee for any damages incurred by Grantee that result from such work. In addition, in
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the event the City undertakes repair or replacement work pursuant to this section, the Grantee shall indemnify the City for, and hold the City harmless from, any and all losses, damages, judgments, liabilities, costs and expenses arising from or based upon the claims of third parties who allege personal injury, property damage or other loss caused, in whole or in part, by the work; provided, that Grantee shall not be required to indemnify and hold the City harmless to the extent that the loss incurred by a third party is caused by the City's negligence.
Section 7. That Grantee shall, when so requested by the City Council of Alexandria, continue to permit or permit, as the case may be, its Facilities to be used, without compensation, by the City for the purpose of placing thereon or therein any traffic control wire or equipment, any fire or police alarm wire or equipment, and any other wire or equipment (other than telegraph or telephone wire or equipment) which is or may be necessary for the exclusive use of the police or fire department of the City; provided, that such use of Grantee's Facilities by the City shall not interfere with the proper use of the Facilities by the Grantee, and that the location and character of the wires and equipment to be used by the City shall be subject to the approval of the Grantee, which approval shall not be unreasonably withheld; provided further, that the City shall indemnify and hold Grantee harmless from any and all losses, damages, judgments, liabilities, costs and expenses arising from or based upon the claims of third parties who allege personal injury, property damage or other loss caused, in whole or in part, by the City's use of Facilities pursuant to this section except that the City shall not be required to indemnify the Grantee for losses, damages, judgments, liabilities, costs or expenses arising from a third party's personal injury, property damage or other loss which has been caused, in whole or in part, by the Grantee's own negligence in placing, constructing, installing, improving, maintaining or repairing the Facilities used by the City pursuant to this section.
Section 8. That nothing contained in this franchise ordinance shall be construed to exempt the Grantee from any tax, levy or assessment which is now or which may hereafter be authorized by law.
Section 9. That Grantee shall indemnify the City for, and shall hold the City harmless from, any and all losses, damages, judgments, liabilities, costs or expenses arising from or based upon the claims of third parties who allege personal injury, property damage or other loss caused, in whole or in part, by the presence, location, construction, installation, improvement, maintenance, repair, removal, relocation or use by Grantee of any Facilities; provided, that Grantee shall not be required to indemnify and hold the City harmless for losses, damages, judgments, liabilities, costs or expenses arising from a third party's personal injury, property damage or other loss which has been caused by the City's negligence.
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Section 10. In the event that suit is brought against the City, including any of its officers, agents or employees, by a third party seeking compensation or other relief on account of any injury, damage or other loss described in Section 3, 6 or 9 of this franchise ordinance, whether or not suit is also brought against Grantee or one or more of its officers, agents or employees, Grantee shall, upon written notice to it by the City, defend the City and all of its officers, agents and employees named in such suit, at the sole cost of Grantee and, in the event a final judgment is entered against the City and/or any named officer, agent or employee of the City, whether independently or jointly with any other individual or entity, including Grantee, Grantee shall pay the entire judgment, including any award of expenses and attorneys' fees included therein, and all costs, and shall hold the City and all of its named officers, agents and employees harmless from the judgment and costs; provided, that Grantee shall not be required to defend, or pay a judgment entered against, any City official, agent or employee who, when performing or failing to perform the actions alleged in the suit, was not acting within the scope of his employment or agency with the City; provided further, that, if a suit is brought against the City, its officers, agents and/or employees alleging negligence on the City's or their part, Grantee shall not be required to defend the City or the named officers, agents and employees or pay any judgment that is entered against the City or any such individuals based on a finding of negligence on the part of the City or one or more City officers, agents and/or employees; and provided further, that if, in a suit alleging negligence on the part of the City or one or more of its officers, agents or employees, no judgment is entered against the City or any officer, agent and or employee, and no settlement is reached pursuant to which the City agrees to provide compensation to the plaintiff, grantee shall reimburse the City for the reasonable attorneys' fees and expenses it incurs in defending the suit.
Section 11. That the rights and privileges set forth in this franchise ordinance are granted and conferred upon Grantee upon the express condition, and with and upon the understanding of Grantee, that, at all times during the term of this ordinance, Grantee shall render to the public within the portion of the City it serves efficient and adequate electric service at reasonable rates, and it shall place, construct, install, improve, maintain, repair and use its Facilities within the City in a safe manner and condition and in good order. In addition, Grantee acknowledges and agrees that the State Corporation Commission and any successor agency shall have jurisdiction during the term of this ordinance, to the full extent and in the manner now or hereafter provided by law, to issue regulations requiring, or otherwise to require, Grantee to render efficient and adequate electric service at reasonable rates, to place, construct, install, improve, maintain, repair and use its Facilities in a safe manner and condition and in good order, and otherwise to enforce the provisions of this section to the full
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extent provided by law, and Grantee hereby agrees to comply with any and all such requirements of the State Corporation Commission. However, nothing in this franchise ordinance shall be construed as precluding the City from enforcing the provisions of this section to the full extent authorized by law.
Section 12. That the City and Grantee shall take all reasonable actions to ensure that any person who intentionally destroys or damages any of Grantee's Facilities within the City, constructed and maintained in accordance with the provisions of this franchise ordinance, shall be diligently prosecuted pursuant to any and all applicable provisions of the Virginia Code. The City and Grantee shall also take all reasonable actions to ensure that any person who tampers with any metering device on or incident to any of Grantee's Facilities, or who otherwise intentionally prevents such metering device from properly registering, or who illegally diverts electric service so that it does not pass through such metering device, shall be diligently prosecuted pursuant to any and all applicable provisions of the Virginia Code.
Section 13. That, subject to and with the prior written consent of the City, which consent shall not be unreasonably withheld, all rights and privileges granted to Grantee in this franchise ordinance may be exercised by any successor or successors to, or assignee or assignees of, Grantee, and said successor, successors, assignee or assignees shall be subject to all of the provisions, terms, conditions, limitations, obligations, stipulations and penalties stated in this ordinance.
Section 14. That the rights and privileges granted to Grantee in this franchise ordinance shall continue for the period of thirty (30) years from and after the effective date of this ordinance, unless the rights and privileges so granted shall be sooner voluntarily surrendered by Grantee, with the consent of the City Council of Alexandria, or unless the rights and privileged shall be sooner terminated or forfeited as provided by this ordinance, by any other agreement between the City and Grantee, or by law.
Section 15. That upon the expiration of the 30-year term of this franchise ordinance or upon the earlier termination of the rights and privileges granted to Grantee by this ordinance by surrender or forfeiture or otherwise, all of the Facilities of Grantee then in the public streets, public alleys and public places of the City shall remain the property of Grantee and may be removed from the streets, alleys and public places of the City, at the sole expense of Grantee, within a reasonable time, set by the City Council of Alexandria and Grantee, after the expiration or termination of the Grantee's rights and privileges under this ordinance; provided, that Grantee shall remove from the streets, alleys and public places of the City any Facilities which the City, within one (1) year of the expiration or termination of Grantee's rights and privileges and in a written notice to Grantee, identifies for removal, and
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shall, at the sole cost of Grantee and within a reasonable time set by the City Manager or her designee, repair, restore or replace any street, alley or other public place, any sewer or water equipment or facility, any electric, fire alarm, police communication or traffic control wire, equipment or facility, any other City property, and any tree or any part thereof, which may be damaged, disturbed or destroyed, directly or indirectly, by the removal of any Facilities, in a manner and with such materials approved by, and to the satisfaction of, the City Manager or her designee. The provisions of Sections 3(c), 9 and 10 of this franchise ordinance shall apply to and govern the removal of Facilities by Grantee from the streets, alleys or public places of the City following the expiration or termination of its rights and privileges under this ordinance and the subsequent repair, restoration and replacement of public places, wires, equipment and facilities, and other public property, and shall also apply to and govern any request, made by the City pursuant to this section, that Grantee remove Facilities from the streets, alleys and public places of the City and undertake the repair, restoration and replacement of public places, wires, equipment and facilities, and other public property made necessary by the removal of Facilities.
Section 16. That this franchise ordinance and the rights and privileges that are granted and conferred by it shall not become effective unless and until Grantee has filed with the City Clerk its written acceptance of the ordinance, in a form satisfactory to the City, as evidenced by a certification provided by the City Attorney, and has entered into and filed with the City Clerk a bond in the sum of two hundred fifty thousand dollars ($250,000), with surety satisfactory to the City, which provides assurances that Grantee will place, construct, install, improve, maintain, repair and use any and all Facilities that are reasonably necessary for the exercise of the rights and privileges granted and conferred by this ordinance in the manner required by this ordinance, that Grantee will maintain and repair the same in good and safe condition and order throughout the term of this ordinance, and that Grantee will comply with the provisions, terms, conditions, limitations and obligations of this ordinance in all respects, and which further provides that, if Grantee fails to comply with any of these assurances, the City shall be entitled, at its sole discretion, to draw funds from the surety, in an amount identified by the City at its sole discretion, which will enable the City to undertake the action or actions that Grantee has failed to perform or otherwise to remedy the Grantee's failure to perform.
Section 17. That this franchise ordinance and the rights and privileges granted to Grantee by this ordinance to use the public streets, public alleys and other public places in the City are not exclusive, and nothing herein shall be construed to prevent a grant by the City of a similar franchise and similar rights and privileges to other persons.
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Section 18. That this franchise ordinance and its grant of rights and privileges to Grantee to use the public streets, public alleys and other public places in the City are not intended to abridge, and shall not be construed as abridging, the lawful exercise by the City of its police power. In addition, this franchise ordinance and the rights and privileges it grants to Grantee shall be subject to all ordinances and resolutions of the City Council of Alexandria and to all provisions of the Code of Virginia (1950), as amended, currently in effect or amended subsequent to the enactment of this ordinance, and to all City ordinances and resolutions and all Virginia Code provisions adopted subsequent to the enactment of this ordinance, as long as such ordinances and resolutions are adopted in the lawful exercise of the police power or any other power possessed by the City or the Virginia General Assembly, as the case may be.
Section 19. That this franchise ordinance shall become effective upon________________, 1992.
Article II. That, upon the enactment of this ordinance by the City Council of Alexandria, the City Clerk shall cause to be advertised once a week for four successive weeks, in a newspaper of general circulation in the City, a descriptive notice of the proposed ordinance and an invitation that interested parties may submit a bid for the rights and privileges to be granted by the proposed ordinance. This notice shall require that all bids be in writing and be delivered to the presiding officer of the City Council in open session at the day and hour of the regular legislative meeting of the Council to be held on May 26, 1992. The bids which are received by the presiding officer at this meeting shall then be presented to the Council to be dealt with and acted upon in the manner prescribed by law for franchise grants. The advertisement placed by the City Clerk shall also expressly reserve, and this ordinance hereby expressly reserves, to the City the right to reject any and all bids. The advertisement placed by the City Clerk shall further provide that the successful bidder shall be required to pay all costs of advertising, in addition to the sum bid by it.
Article III. That this ordinance shall become effective upon the date and at the time of its enactment.
Introduction: 4/25/92
First Reading: 4/25/92
Publication: 4/27/92
Public Hearing: 4/28/92
Second Reading: 4/28/92
Final Passage: 4/28/92
(A copy of operating agreement (Attachment 2 to the City Manager's memorandum) which is intended to supplement the Franchise Ordinance, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 4/28/92, and is incorporated herewith as part of this record by reference.)
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ORDINANCES AND RESOLUTIONS (continued)
30. Consideration of Application to the Virginia Department of Housing and Community Development for Continuing Entitlement Funding Under the Shelter Support Grant and Federal Shelter Grant Which are Components of the State Homeless Housing Assistance Resources (SHARE) Programs and the Resolution for SHARE Funds and for Six Non-profit Organizations' Applications for SHARE Funds, Including Required Certification of Local Approval for These Funds.
(A copy of the City Manager's memorandum dated 4/14/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 4/28/92, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0 City Council (1) approved the City's application and Governing Body Resolution for SHARE funds under both the SSG and FSG components of the SHARE program to enhance services at the Alexandria Community Shelter; (2) approved the Certification of Local Approval and the submission of applications for FSG funding by ALIVE!, Catholic Charities, Carpenter's Lodging, Inc., Carpenter's Shelter, Friends of Guest House, and The Salvation Army for funds under the SHARE programs; and (3) authorized the City Manager to execute the necessary documents. The voting was as follows:
Rich "aye" Donley "aye"
Cleveland "aye" Jackson absent
Ticer "aye" Pepper "aye"
Speck "aye"
The resolution reads as follows:RESOLUTION NO. 1598
WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development has issued a notice of funding availability and has requested applications under the SHARE - Programs;
WHEREAS, assistance is needed to adequately address the shelter/housing needs of homeless persons in the City of Alexandria;
WHEREAS, an application for a grant/loan under this program has been prepared;
WHEREAS, Vola Lawson, City Manager, can act on behalf of the City of Alexandria and will sign all necessary documents required to complete the grant/loan transaction;
WHEREAS, a nonSHARE dollar-for-dollar match is required under this Program and will be provided;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alexandria hereby authorizes DHS/DEO to apply for and accept the grant/loan and enter into a Grant Agreement/Loan Commitment with the Department of Housing and Community Development and perform any and all responsibilities in relation to such Agreement.
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31. Consideration of Resolution Authorizing the Alexandria Industrial Development Authority to Issue up to $15 Million in Bonds to (a) Renovate and Equip the Hospital's Acute Care Facility, (b) Refund all or a Portion of the Hospital's $10.5 Million 1985 Hospital Facility Revenue Bond, and (c) Finance Various Reserve Funds, Capitalized Interest Accounts and Issuance of Bond Costs.
(A copy of the City Manager's memorandum dated 4/14/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 4/28/92, and is incorporated herewith as part of this record by reference.
A copy of a letter from Alexandria Hospital dated 4/17/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 31; 4/28/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Staff will provide a memorandum to Council regarding fees with respect to AIDA bonds.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution. The voting was as follows:
Speck "aye" Cleveland "aye"
Donley "aye" Jackson absent
Ticer "aye" Pepper "aye"
Rich "aye"
The resolution reads as follows:
WHEREAS, the Industrial Development Authority of the City of Alexandria, Virginia ("Authority"), has considered the application of The Alexandria Hospital ("Hospital") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $15,000,000 ("Bonds") (a) to finance routine capital expenditures and the renovation of and equipping of improvements to the Hospital's existing acute care hospital facility located at 4320 Seminary Road in the City of Alexandria, Virginia, (b) to refund all or a portion of the Authority's $10,580,000 Hospital Facility Revenue Bonds, Series 1985 (The Alexandria Hospital), dated December 1, 1985, of which $7,920,000 is currently outstanding, and (c) to finance various reserve funds, capitalized interest accounts and costs of issuance accounts to the proposed issuance of Bonds (collectively, "Project"), and has held a public hearing thereon on March 16, 1992;
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 private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the City of Alexandria, Virginia, ("City"); the Project is located in the City and the City Council of the City of Alexandria, Virginia ("Council") constitutes the highest elected governmental unit of the City;
WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and
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WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA:
1. The Council approves the issuance of the Bonds by the authority for the benefit of the Hospital, as required by Section 147(f) of the Code and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended ("Virginia Code").
2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Hospital.
3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103-2 (f) (1), this resolution shall remain in effect for a period of one year from the date of its adoption.
4. This resolution shall take effect immediately upon its adoption.
Adopted by the City Council of the City of Alexandria, Virginia, this 28th day of April, 1992.
32. Consideration of Resolution Authorizing the Alexandria Industrial Development Authority to Issue up to $1,400,000 in Bonds to Assist the Alexandria Country Day School to Finance the Acquisition, Renovation and Equipping of Its Existing Facility Located at 4200 Russell Road.
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Speck and carried on a vote of 5-to-0, City Council noted the withdrawal of this item. The voting was as follows:
Pepper "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Speck "aye" Jackson absent
Rich out of room
OTHER
(A copy of the City Manager's memorandum dated 4/24/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 4/28/92, and is incorporated herewith as part of this record by reference.)
(The City Manager went through the changes to the calendar.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council approved the calendar as amended and (1) noted the April 30 Special Meeting and Work Session on the Potomac Yard/Potomac Greens Small Area Plan; scheduled a public hearing on the Report of the Potomac Yard/Potomac Greens Group for 7:30 p.m. on Tuesday, May 12, and changed the time for its Regular May 12 Legislative Meeting from 7:30 p.m. to 4:00 p.m.; canceled the May 7 tentative meeting; (2) noted that the Alexandria Commission on Disabled Persons has scheduled its annual presentation of awards to (a) a student with a disability (the Gerry Bertier Award) and (b) to an organization to enhance its accessibility (the Community Organization Grant) before the Tuesday, June 9 Council meeting in Room 2000 from 5:30 to 7:30 p.m. so that Council can attend the event before its 6:30 p.m. work session; (3) scheduled the public hearing on the applications for the openings on the Alexandria School Board for Saturday, June 13. (The School Board appointments are scheduled for the June 23 Council meeting.) Following receipt of the applications (the deadline is May 1), we will propose a date and time for Council's interviews of the applicants; and (4) scheduled a work session with the Community Services Board at 6:30 p.m. on June 9; (5) the Boards and Commissions work session set for June 9 will now be held at 6:30 p.m. on June 23. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson absent
Speck "aye"
CONTESTED APPOINTMENTS
34. Alexandria-Leninakan Exchange Committee
(The following persons volunteered for appointment to the above Committee:)
Ann Kavaljian*
Holly Olson-Oinas
(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. 34; 4/28/92, 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 Ann Kavaljian as a Citizen Member to the Alexandria-Leninakan Exchange Committee. The voting was as follows:
Ticer - Kavaljian
Cleveland - Kavaljian
Donley - Kavaljian
Jackson - absent
Pepper - Kavaljian
Rich - Kavaljian
Speck - Kavaljian
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35. Alexandria Board of Zoning Appeals
(The following persons volunteered for appointments to the above Board:)
Jeffrey Arnold
Claire Eberwein
David Harry
Francis Johnson
Rod Kuckro
Sidney Lowery
Kenneth Maloney
Rolf Marshall
Michael Nawrocki
James O'Sullivan
Danny Ross
(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. 35; 4/28/92, 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 results: City Council appointed Claire Eberwein and James O'Sullivan as Citizen Members to the Board of Zoning Appeals. There had to be a second balloting between Rod Kuckro and Danny Ross since neither received a majority vote. The voting was as follows:
Ticer - Eberwein, Kuckro, O'Sullivan
Cleveland - Eberwein, Johnson, Ross
Donley - Eberwein, O'Sullivan, Ross
Jackson - absent
Pepper - Eberwein, Kuckro, O'Sullivan
Rich - Kuckro, O'Sullivan, Ross
Speck - Eberwein, Johnson, O'Sullivan
Thereupon, ballots were again distributed, tellers were again appointed and the ballots tallied with the following result: City Council appointed Rod Kuckro as a Citizen Member to the Alexandria Board of Zoning Appeals. The voting was as follows:
Ticer - Kuckro
Cleveland - Ross
Donley - Ross
Jackson - absent
Pepper - Kuckro
Rich - Kuckro
Speck - Kuckro
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36. Alexandria Emergency Medical Services council
1 Member Nominated by the Nursing Homes of Alexandria
(The following persons were recommended for appointment to the above Council:)
NAME ENDORSED BY:
Thana Dixon Phyllis R. Crampton
President
NOVADON Association
Susan Miller Catherine Knight
Director of Nursing
The Washington House
Phyllis R. Crampton
President
NOVADON Association
(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. 36; 4/28/92, 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 Thana Dixon as a Member Nominated by the Nursing Homes of Alexandria to the Alexandria Emergency Medical Services Council. The voting was as follows:
Ticer - Dixon
Cleveland - Dixon
Donley - Dixon
Jackson - absent
Pepper - Dixon
Rich - Miller
Speck - Dixon
37. Alexandria Environmental Policy Commission
1 Member from the Field of Sanitary Engineering
(The following persons volunteered for appointment to the above Commission:)
Susan French
Brian O'Connell*
(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. 37; 4/28/92, and is incorporated herewith as part of this record by reference.)
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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed Brian O'Connell as a Member from the Field of Sanitary Engineering to the Alexandria Environmental Policy Commission. The voting was as follows:
Ticer - O'Connell
Cleveland - O'Connell
Donley - O'Connell
Jackson - absent
Pepper - O'Connell
Rich - O'Connell
Speck - O'Connell
38. Alexandria Human Rights Commission
(The following persons volunteered for appointment to the above Commission:)
Ines Alicea
Marilyn Bartick
David Bouk
Carolyn Graves
Lora Gunn*
Eric Marx
Michael Pisaturo
Abraham Poretz*
Emily Rothberg*
(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. 38; 4/28/92, and is incorporated herewith a s part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Lora Gunn, Abraham Poretz and Emily Rothberg as Citizen-at-Large Members to the Alexandria Human Rights Commission. There had to be a second balloting between Alicea, Bouk, and Pisaturo since no one received a majority vote. The voting was as follows:
Ticer - Bartick, Gunn, Pisaturo, Rothberg
Cleveland - Alicea, Gunn, Poretz, Rothberg
Donley - Bouk, Gunn, Poretz, Rothberg
Jackson - absent
Pepper - Graves, Gunn, Poretz, Rothberg
Rich - Alicea, Bouk, Pisaturo, Rothberg
Speck - Alicea, Gunn, Poretz, Rothberg
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Thereupon, ballots were again distributed, tellers were again appointed and the ballots tallied with the following result: City Council appointed Ines Alicea as a Citizens-at-Large Member to the Alexandria Human Rights Commission. The voting was as follows:
Ticer - Pisaturo
Cleveland - Alicea
Donley - Bouk
Jackson - absent
Pepper - Alicea
Rich - Alicea
Speck - Alicea
39. Alexandria Pet Shop Appeal Board
(The following persons volunteered for appointment to the above Board:)
Trudie Dolezal*
Cynthia Harry
Elizabeth Lyons
(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; 4/28/92, 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 Trudie Dolezal as a Citizen Member to the Alexandria Pet Shop Appeal Board. The voting was as follows:
Ticer - Dolezal
Cleveland - Dolezal
Donley - Dolezal
Jackson - absent
Pepper - Dolezal
Rich - Dolezal
Speck - Lyons
40. Alexandria Sister Cities Committee
1 Member from the Alexandria-Leninakan Exchange Committee
(The following person was recommended for appointment to the above Committee:)
NAME ENDORSED BY:
Rita Balian* Alexandria-Leninakan
(Residency Waiver Required) Exchange Committee
* Incumbent
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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; 4/28/92, 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 waived the residency requirement and reappointed Rita Balian as a Member from the Alexandria-Leninakan Exchange Committee to the Alexandria Sister Cities Committee. The voting was as follows:
Ticer - Balian
Cleveland - Balian
Donley - Balian
Jackson - absent
Pepper - Balian
Rich - Balian
Speck - Balian
41. Alexandria Youth Services Commission
1 Member from an Agency or Group Concerned with the Provision of Youth Services
(The following person volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Lyndon Murray*
*Residency Waiver Required
(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; 4/28/92, 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 waived the residency requirement and appointed Lyndon Murray as a Member from an Agency or Group Concerned with the Provision of Youth Services to the Alexandria Youth Services Commission. The voting was as follows:
Ticer - Murray
Cleveland - Murray
Donley - Murray
Jackson - absent
Pepper - Murray
Rich - Murray
Speck - Murray
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Cleveland, seconded simultaneously by Councilwoman Pepper and Councilman Donley and carried unanimously by all those present, at 9:35 p.m., the Regular Meeting of April 28, 1992, was adjourned. The voting was as follows:
Cleveland "aye" Ticer "aye"
Pepper "aye" Jackson absent
Donley "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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