Regular Meeting
Tuesday, May 23, 1995 - - 7:30 pm
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Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William C. Cleveland, William D. Euille, Redella S. Pepper, Lonnie C. Rich, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Brannan, Assistant City Manager; Ms. Davis, Director of Housing; Ms. Hansen, Deputy Director of Housing; Mr. Kauffman, Director of Parks, Recreation and Cultural Activities; Mr. O'Kane, Director of Transportation and Environmental Services; Mrs. Godwin, Director of Management and Budget; Mr. Garrity, Intergovernmental Relations Coordinator; Mr. Lynn, Director of Planning and Zoning; Ms. Johnson, Division Chief, Planning and Zoning; Mr. Cyphers, Director of Human Services; Ms. Boyd, Director of Citizen Assistance; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. Neckel, Director of Finance; Ms. Schmitt, Comptroller; Mr. Powers, Director of Division of Community Programs; Mr. Radauskas, Director of Code Enforcement; Ms. Southard, Nursing Director, and Ms. Dimon, Public Health Nursing Supervisor, Alexandria Health Department; Fire Chief Hawkins; Mr. McMahon, Deputy Director of General Services; and Lieutenants Crawford and Kaluta and Sergeant Hazel, Police Department.
Recorded by: Susan K. Seagroves, Deputy City Clerk and Clerk of Council.
There was a City Council Work Session on the Consolidated Plan for Housing and Community Development (July 1, 1995 - June 30, 2000), held at 5:30 p.m. in the Council Workroom.
Mayor Ticer and City Manager Lawson made introductory remarks.
Housing Director Davis gave a presentation on the following issues:
Consolidated Plan Overview and Background
- Major Policy Recommendations
- Changes in Population and Housing 1970-1994
- Current Assisted Housing Inventory
- Funding Sources for Housing Activities
- Certificates of Consistency
General Discussion. Members of City Council, Housing Director Davis, City Manager Lawson and Deputy City Manager Steele participated in the discussion.)
(Copies of the agenda and materials pertaining to this work session are on file in the office of the City Clerk and Clerk of Council, and are incorporated as part of the record by reference.)
The work session was concluded at approximately 6:35 p.m.
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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 Donald H. Bowen, Pastor, Downtown Baptist Church.
3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded simultaneously by Council Member Rich and Vice Mayor Donley and carried unanimously, City Council approved the Minutes of (a) Special Meeting of May 3, 1995; (b) Regular Meeting of May 9, 1995; and (c) Public Hearing Meeting of May 13, 1995, as submitted. The voting was as follows:
Cleveland "aye" Ticer "aye"
Rich "aye" Euille "aye"
Donley "aye" Pepper "aye"
Walker "aye"
4. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Councilman Cleveland and carried unanimously, City Council received the report of the City Clerk dated May 17, 1995, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/23/95, and is incorporated herewith as part of this record by reference. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Walker "aye"
5. Presentation of Proclamation Honoring Former Mayor Chuck Beatley. (Councilwoman Pepper)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/23/95, and is incorporated herewith as part of this record by reference.) (Councilwoman Pepper presented the proclamation.
Members of Council expressed their appreciation to former Mayor Beatley, and he participated in the discussion. There is to be a celebration--Chuck Beatley Appreciation Day--held at Ft. Ward Park on Sunday, May 28, from 3 p.m. to 6 p.m.)WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Donley and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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6. Presentation of Proclamation Honoring the Christmas in April Volunteers. (Council Member Walker and Councilman Euille)
(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; 5/23/95, and is incorporated herewith as part of this record by reference.)
(Councilman Euille and Council Member Walker presented the proclamation.)
WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilman Euille and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Donley "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 7 - 16
WITHOUT OBJECTION, City Council removed Docket Item Nos. 9 and 16 from the Consent Calendar and considered them under separate motions.
7. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(a) Alexandria Affordable Housing Advisory Committee
(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. 7(a); 5/23/95, and is incorporated herewith as part of this record by reference.)
8. Uncontested Appointments to Boards, Commissions and
Committees:
(a) Alexandria Commission on Employment
1 Representative from an Educational Institution Mandated in the Job Training Partnership Act
(b) Alexandria Consumer Affairs Commission
1 Business Representative
(c) Alexandria Youth Services Commission
1 Parent 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. 8(a-c); 5/23/95, and is incorporated herewith as part of this record by reference.)
10. Consideration of Request to Change Composition of the Task Force on AIDS.
(A copy of the City Manager's memorandum dated May 18, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/23/95, and is incorporated herewith as part of this record by reference.)
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11. Consideration of the Renewal of a Grant/Contract with the Virginia Community Action Reentry System (Virginia CARES) for Continuation of FY 1996 Ex-Offender Services Funding.
(A copy of the City Manager's memorandum dated May 18, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/23/95, and is incorporated herewith as part of this record by reference.)
12. Consideration of the Renewal of a Grant/Contract with Project Discovery, Incorporated for FY 1996 Continuation Funding.
(A copy of the City Manager's memorandum dated May 18, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/23/95, and is incorporated herewith as part of this record by reference.)
13. Consideration of Application to the Virginia Department of Social Services for Continuation of Funding under the Emergency Community Homeless (McKinney) Grant Program for FY 1996.
(A copy of the City Manager's memorandum dated May 18, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 5/23/95, and is incorporated herewith as part of this record by reference.)
14. Consideration of the Renewal Application to the Virginia Department of Youth Family Services for Continuation of Funding under the Delinquency Prevention and Youth Development Act.
(A copy of the City Manager's memorandum dated May 15, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/23/95, and is incorporated herewith as part of this record by reference.)
15. Consideration of Application to the Head Start Bureau, Federal Administration for Children, Youth and Families for Continuation of Funding for the Alexandria Head Start Program for the 1995-1996 School Year.
(A copy of the City Manager's memorandum dated May 18, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/23/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the Consent Calendar with the exception of Docket Item Nos. 9 and 16 which were considered under separate motions. The City Manager's recommendations are as follows:
7. City Council received the following resignation with regret: (a) R. Bryan Kelleher from the Alexandria Affordable Housing Advisory Committee; and requested the Executive Secretary for Boards and Commissions to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.
8. City Council: (a) reappointed Louise Rainis as a Representative from an Educational Institution Mandated in the Job Training Partnership Act to the Alexandria Commission on Employment; (b) appointed Gail Landgraff as a Business Representative to the Alexandria Consumer Affairs Commission; and (c) reappointed Robin Hayutin as a Parent Member to the Alexandria Youth Services Commission.
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10. City Council: (1) approved the following changes in the membership of the Alexandria Task Force on AIDS: (a) added the following positions: one representative from the Northern Virginia AIDS Ministry (NOVAM); one representative from the Visiting Nurse Association; one T.C. Williams High School student; one additional citizen representative; and (b) deleted the Jefferson Hospital and Minority AIDS Task Force representatives from the membership; and (2) authorized the Executive Secretary for Boards and Commissions to advertise the vacancies. The net result will be an increase from 20 to 22 Task Force members.
11. City Council authorized the City Manager to: (1) approve the grant contract for continuation funding, in the amount of $52,465, from VA. CARES, Incorporated for provision of services to ex-offenders in Alexandria in FY 1996; (2) approve the continuation of one full-time grant-funded position, the Community Services Specialist, and one part-time grant-funded position (.75 FTE) , Program Aide I, to administer this ongoing VA. CARES program. Continuation of these positions is contingent upon continuation of funding from VA. CARES, Incorporated or other non-City sources; (3) approve acceptance of $3,840 from the Adult Probation and Parole Office for continued support and sponsorship of the Ex-offender Support Group, and; (4) execute all necessary documents that may be required.
12. City Council authorized the City Manager to: (1) approve the grant contract for FY 1996 continuation funding from Project Discovery, Incorporated, in the amount of $70,501; (2) approve the continuation of two full-time grant-funded positions, the Project Discovery Coordinator and Program Aide II, to administer the ongoing Project Discovery program. Continuation of these positions is contingent upon continuation of funding from Project Discovery, Incorporated or other non-City sources; and (3) execute all necessary documents that may be required.
13. City Council authorized the City Manager to: (1) submit a grant application to the Virginia Department of Social Services for funding, in the amount of $18,295, for continuation of services to the homeless under the Emergency Community Homeless Grant Program; and (2) execute all necessary documents that may be required.
14. City Council: (1) authorized the City Manager to submit a grant application to the Virginia Department of Youth and Family Services for funding, in the amount of $54,415, for the continuation of services under the Delinquency Prevention and Youth Development Act; (2) approved the continuation of two full-time grant-funded positions, Youth Services Program Specialist and Secretary I, to continue to administer these ongoing services. Continuation of these positions is contingent upon continuation of funding from the Virginia Department of Youth and Family Services or other non-City sources. These grant-funded positions would terminate upon the expiration of the grant and the individuals in these positions have been notified of this condition of employment; and (3) authorized the City Manager to execute all necessary documents that may be required.
15. City Council authorized the City Manager to: (1) submit the school year 1995-1996 Alexandria Head Start grant application to the Federal Administration for Children, Youth and Families Head Start Bureau for $907,238 (including $852,726 for the basic grant; $25,241 for a 2.96 percent program cost-of-living adjustment; $6,608 for quality improvements; $11,663 for Training and Technical Assistance; and $11,000 in one-time funds for site improvements); and (2) execute all necessary documents that may be required.
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The voting was as follows:
Pepper "aye" Donley "aye"
Rich "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"
9. Consideration of Request to Modify the Commissioner Qualifications for the Alexandria Redevelopment and Housing Authority Board of Commissioners.
(A copy of the City Manager's memorandum dated May 19, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 5/23/95, and is incorporated herewith as part of this record by reference.)
General Discussion. There was considerable discussion among City Council.
WITHOUT OBJECTION, Mr. Cisco, Chair of the Alexandria Redevelopment and Housing Authority (AHRA), and Mr. Jones, President of the Alexandria Resident Council (ARC), participated in the discussion.
BY UNANIMOUS CONSENT, Ms. Dayton, representing ARC in particular, and Ramona Younger in general, addressed the Council.
For the record, City Manager Lawson, as someone who was involved in low-income housing before becoming City Manager, gave a little bit of history about this. It had always seemed strange to her that there had never been a designated seat on the Housing Authority for residents of publicly-assisted housing or for someone from the Landlord-Tenant Relations Board. It was City Manager Lawson's recommendation to City Council and to the Housing Authority to expand the Board by two members to include a representative of the Alexandria Resident Council and a representative from the Landlord-Tenant Relations Board. This was adopted in 1987. It was clearly her understanding that it would be Ramona or the president of the Alexandria Resident Council, but certainly a resident of assisted housing, because they bring an important viewpoint to that Board.
Further Discussion. Members of Council and City Manager Lawson continued their discussion of this issue.)
WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, City Council asked that this be delayed, sent to the Alexandria Resident Council, and then after its discussion of this item, bring it back to Council at the first legislative meeting in June. The voting was as follows:
Cleveland "aye" Donley "aye"
Walker "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
16. Receipt of the Monthly Financial Report for the Period Ending April 30, 1995.
(A copy of the City Manager's memorandum dated May 15, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/23/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Euille directed questions to the City Manager and Deputy Director of General Services McMahon.)
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WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Donley and carried unanimously, City Council (1) received the Financial Report for the period ending April 30, 1995; and (2) authorized the City Manager to award contracts to the lowest responsive and responsible bidders for the following public improvement projects: the installation of underground electric conduit, manholes, and rewiring as part of the undergrounding of Mount Vernon Avenue between Herbert Street and Stewart Avenue; the installation of window screening at the Chinquapin Recreation Center; the repair and restoration of exterior masonry work at City Hall; the improvement of the fuel site located at Wheeler Avenue and Duke Street to comply with Environmental Protection Agency requirements; the retrofitting of lighting in City Hall; and the replacement of the City's E-911 emergency communications system. The voting was as follows:
Euille "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
17. Consideration of Report by the Alexandria Task Force on AIDS.
(A copy of the City Manager's memorandum dated May 18, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/23/95, and is incorporated herewith as part of this record by reference.)
WITHOUT OBJECTION, Mr. Myers, Chair of the Task Force on AIDS, introduced Ms. Dimon and Ms. Southard of the Alexandria Health Department, and Mr. Murguia, a citizen representative on the Task Force, and presented the report of the Task Force.
(General Discussion. Vice Mayor Donley thanked the Task Force for a fine report and made remarks. Members of Council participated in the discussion, and Health Department Nursing Director Southard responded to questions.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council: (1) received the report and thanked the members of the Alexandria Task Force on AIDS for their work on HIV and AIDS-related issues affecting the citizens of Alexandria; (2) acknowledged the short-term and long-term issues included in the report and outlined below (City Manager's memorandum dated May 18, 1995); and (3) requested staff to review the report, discuss it with the Task Force and return to Council with a report in September. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
18. SUP #95-0003 -- 5901 EDSALL ROAD; 333-431 SOUTH WHITING STREET -- EDSALL TOWNHOUSES -- Consideration of a request for a special use permit, with site plan, to construct a 112-unit townhouse cluster development known as "Edsall Road Townhouses." In addition, the applicant is seeking a special use permit to allow lots with private street frontage, tandem parking spaces, and a temporary sales and construction trailer. A modification to increase the amount of paving permitted in yards is requested. The property is zoned RC/Residential. Applicant: Grosvenor Development Company, L.L.C., by Cyril D. Calley, attorney. (#17 5/13/95; #19 4/22/95)
COMMISSION ACTION: Recommend Denial 6-0
(A copy of the City Manager's memorandum dated May 22, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/23/95, and is incorporated herewith as part of this record by reference.
A copy of the Planning Commission report dated April 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 5/23/95, and is incorporated herewith as part of this record by reference.
A copy of the amendments presented by the applicant is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 5/23/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Members of Council and Mr. Calley, attorney for the applicant, participated in extensive discussion on this issue, including: the need for negotiation between staff and the developer, the applicant's request to bypass many standard conditions required of other developers, and whether to defer this back to the Planning Commission level or to Planning and Zoning staff.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council deferred this item until the last meeting in June with the idea that our staff and the developer would meet and show a willingness to negotiate on both sides, but have them meet as soon as possible, get the required drawings in, and get the required documents submitted, so that we can try to bring this issue to closure in June. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilwoman Pepper received an unidentified news clipping on the subject of the varying costs of building permits which shows that Alexandria's permits are the most costly in the area. Code Enforcement Director Radauskas reported that this information is incorrect, and Council will receive an explanatory memorandum.
(b) Councilwoman Pepper announced that Leonard Calloway was honored yesterday at ARHA for his years of service to the community. She just wanted to publicly thank Mr. Calloway since she was unable to attend.
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(c) Councilman Euille announced that the Hopkins House will be having its annual meeting and awards banquet on Wednesday, June 14, at the Old Colony Inn in Old Town. It will be a tropical theme with casual dress and fun for the kids and family. Tickets are available through Hopkins House by calling 548-4232.
(d) Councilman Euille recognized the promotion of his dear friend, Earl Cook, who was recently promoted to Assistant Police Chief. He grew up with his family in public housing, graduated from T.C. Williams High School, Class of '73, and is a graduate of Duke University. Assistant Chief Cook is a 15-year veteran of the Police force, and is the first minority to be rewarded with one of the highest rankings here in the City's Police Department. It is an honor for the citizens of Alexandria to have someone of Earl's calibre to represent us on the Police force.
(e) Councilman Euille reported that he asked the City Manager to set for public hearing on June 17, his Retreat proposal for a citizens' public safety review commission. By June 1, he will make available to the Council and the public his proposed legislation to deal with the matter.
The City Manager advised that Emmitt Carlton of the NAACP has been talking to Mr. Henry Mitchum, who is with the Justice Department in Philadelphia and had interest and experience with police review boards. Mr. Mitchum is coming tomorrow morning to meet with her, Chief Samarra, the City Attorney and Acting Special Assistant to the City Manager Fayne. You will receive a report on this meeting when you receive comments on Councilman Euille's proposal.
(f) Councilman Euille stated that Council received the City's Annual Report on Alexandria's Enterprise Zone Program which was forwarded to the state office of Housing and Community Development, and he asked what would happen to the report in terms of the localities.
The City Manager explained that staff had recommended receipt of the report. Council will continue to receive updates on the Enterprise Zone and should receive a report sometime in the fall. There will be more information for Council then, and this issue can be set for public hearing, perhaps in October or November.
(g) Mayor Ticer announced that the City has received the CAFR award once again. The Department of Finance has received the Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ending June 1994. Kathy Schmitt, Comptroller, accepted the award this year.
(h) Mayor Ticer reminded everyone of Council's Community Forum on our Visioning process and the City's future being held on May 31, at the Old Town Holiday Inn at 7:00 p.m. The community is invited to participate in a series of round table discussions on major issues for the City in the coming years.
(i) Mayor Ticer related that she was visited this week by the director of the Olympic Torch Relay Committee and Nancy LaValle of the United Way about the Torch Relay coming through Alexandria sometime next year. Mayor Ticer received the unanimous consent of Council to send this request to Recreation, Parks and Cultural Activities Director Kauffman and other staff to see how difficult it would be to waive the City's fees so that we can give them a letter by mid-June.
Vice Mayor Donley reported that at the recent United Way Executive Board meeting, the Board gave its overwhelming support as a potential fundraiser for United Way and as an opportunity to bring some prestige to the City. The major corporate sponsors nationwide are Coca Cola and Holiday Inn, who are corporate citizens of Alexandria as well, and the local representatives would be helpful.
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(A copy of the Program Overview 1996 Olympic Torch Relay Presented by The Coca-Cola Company is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation Item (i); 5/23/95, and is incorporated herewith as part of this record by reference.)
ORDINANCES AND RESOLUTIONS
19. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to Authorize the Sale of City-owned Land Located at 1114 Princess Street to Habitat for Humanity of Northern Virginia, Inc. (Councilman Euille) (#44 5/13/95) [ROLL-CALL VOTE]
The City Clerk read the docket item.
(The following persons spoke in support of this item:
Kimberlee Cornett, Executive Director of Habitat for Humanity of Northern Virginia, thanked staff for its assistance; and
Matthew Poe, representing Old Presbyterian Meeting House, thanked Councilman Euille and City Manager Lawson for their help, and explained the Meeting House's partnership with Habitat for Humanity.)
WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Euille "aye" Donley "aye"
Rich "aye" Cleveland "aye"
Ticer "aye" Pepper "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3801
AN ORDINANCE approving and authorizing the sale of property owned by the City of Alexandria, located at 1114 Princess Street in the City of Alexandria, Virginia, to Habitat for Humanity of Northern Virginia, Inc.
WHEREAS, the City of Alexandria owns the real property located at 1114 Princess Street in Alexandria, Virginia; and
WHEREAS, the sale of this property by the city has been submitted to and approved by the planning commission on March 5, 1991; and
WHEREAS, the city manager has recommended the sale of this property for $30,000 to Habitat for Humanity of Northern Virginia, Inc.; and
WHEREAS, the city council is of the opinion that the city no longer needs this property, that its disposition, according to the terms and conditions of the Agreement for Sale and Rehabilitation between the City of Alexandria and Habitat for Humanity of Northern Virginia, Inc. (hereinafter, the "Agreement," a copy of which is attached) will further the city's policy to remove blight, and that its sale is in the public interest; and
WHEREAS, Habitat for Humanity of Northern Virginia, Inc., wishes to buy this property at the price and under the terms and conditions set forth below; now, therefore,
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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the sale of the real property described below to Habitat for Humanity of Northern Virginia, Inc., for $30,000, and under the terms and conditions contained in the Agreement, which Agreement is hereby incorporated in this ordinance as if fully set forth herein, be, and the same hereby is, approved and authorized:
Beginning at a point of intersection on the southern line of Princess Street (variable width public right of way) and the eastern line of North Fayette Street (66 foot wide public right of way); thence running with said Princess Street south 80o40'00" east, 80.08 feet to a point being the northeast corner of the City of Alexandria Tax Assessment Map Parcel 64.01-13-06, and being the point of true beginning; thence running with the southern line of Princess Street south 80o40'00" east, 14.78 feet to a point being the northwest corner of City of Alexandria Tax Assessment Map Parcel 64.01-13-08; thence running with the western line of said parcel south 09o30'00" west, 100.00 feet to a point on the northern line of an unnamed 10 foot alley; thence running with said alley north 80o40'00" west, 14.78 feet to a point being the southeast corner of City of Alexandria Tax Assessment Map Parcel 64.01-13-06; then running with the eastern line of said parcel north 09o30'00" east, 100.00 feet to a point on the southern line of Princess Street and being the point of true beginning; comprising a lot area of 1,478 square feet or 0.0339 acre.
Section 2. That the city manager be and hereby is authorized, on behalf of the City of Alexandria, to do all things necessary and desirable to carry out the sale of the real property described in Section 1 in accordance with the terms and conditions of the Agreement, including, but not limited to, the execution and delivery of a deed and other appropriate documents.
Section 3. That the city clerk be and hereby is authorized to attest the execution of the deed and other necessary documents executed by the city manager pursuant to Section 2, and to affix thereon the official seal of the City of Alexandria, Virginia.
Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.
Attachment: Agreement for Sale and Rehabilitation of 1114 Princess Street, Alexandria, Virginia
Introduction: 5/13/95
First Reading: 5/13/95
Publication: 5/18/95
Public Hearing: 5/23/95
Second Reading: 5/23/95
Final Passage: 5/23/95
AGREEMENT FOR SALE AND REHABILITATION
OF 1124 PRINCESS STREET
ALEXANDRIA, VIRGINIA
This agreement for Sale and Rehabilitation of 1114 PRINCESS STREET, Alexandria, Virginia, made this _______day of ________, 1995, by and between the City of Alexandria, a Municipal Corporation of the Commonwealth of Virginia, (hereinafter "seller") and Habitat for Humanity of Northern Virginia, Inc. a Virginia non-profit Corporation (hereinafter "purchaser").
NOW, THEREFORE, in consideration of payment of ___________ Dollars ($_____,000.00) and the performance of certain requirements detailed below, the seller, pursuant to Section 2.04.2(b), Charter of the City of Alexandria, agrees to sell, and the purchaser agrees to purchase, for the sales price of $_____,000.00, hereinafter called "purchase price", to be paid in cash, certified check or money order to the City of Alexandria, and other good and valuable considerations, that land together with improvements thereon, known as 1114 PRINCESS STREET, Alexandria, Virginia, being approximately 1478 square feet, hereinafter designated as the "property", all upon the following terms and conditions of sale:
A. CONVEYANCE OF PROPERTY
(1) Form of deed. Seller shall convey to purchaser title to the property by general warranty deed, containing such covenants as are set forth in this agreement. Such covenants shall be covenants running with the land. Such deed will provide for revesting of title in seller if purchaser should be in default with respect to this agreement for the rehabilitation of the property. The property shall be sold in "as is" condition, with no warranties or guarantees other than as to title to the realty. The property is to be sold free of lien or other encumbrance, subject, however, to covenants, conditions and restrictions of record, if any.
(2) Time and place for delivery of deed. Settlement is to be held on or before___________, at a mutually agreeable location within the City of Alexandria. At such time and place, seller shall deliver the deed and possession of the property to purchaser, and purchaser shall accept the conveyance and pay the purchase price to the seller. Possession of the property shall be given at settlement. All settlement charges including but not limited to examination of title, title policy, conveyance, recording and recordation tax for all
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doceuments required in this agreement shall be at the expense of the purchasers.
(3) Apportionment of current taxes. The portion of current taxes, if any, allocable to the property shall be apportioned between seller and purchaser as of the date of delivery of the deed. If the amount of the current taxes on the property is not ascertainable on that date, the apportionment between seller and purchaser shall be on the basis of the amount of the most recently ascertainable taxes on the property, but the apportionment shall be subject to final adjustment within ten (10) days after the date the actual amount of current taxes is ascertained.
(4) Recordation of deed. Purchaser shall promptly deliver the deed to the Clerk of the Circuit Court of the City of Alexandria for recordation among the land records. Purchaser shall pay all the costs for recording the deed.
B. DEPOSIT
None.
C. PLANS AND SPECIFICATIONS
(1) Purchaser shall rehabilitate the property for residential use by developing and following plans and specifications which are in conformity with the City of Alexandria's program for the elimination of blight and with all applicable federal, state and local laws and regulations. Such plans and specifications must be specifically approved by the City of Alexandria's Board of Architectural Review for the Parker-Gray Historic District.
(2) Purchaser agrees to notify seller in writing of any application for a subdivision, change in zoning and/or approval of the board of architectural review.
(3) Within thirty (30) days after settlement, the purchaser agrees to furnish to the City's Office of Housing the Schedule of Repairs and Improvements (Attachment #1), outlining work to be done so that the property will meet Alexandria code and regulatory requirements, and the approximate date by which each category is to be completed.
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D. TIME FOR COMMENCEMENT AND COMPLETION OF CONSTRUCTION
(1) Rehabilitation of the improvements referred to in this agreement and as set forth in Attachment #1 shall be completed no later than one (1) year from the date of settlement. On or before this date, a Certificate of Occupancy is to be obtained by purchaser and furnished to seller as more particularly described in Paragraph E of this agreement.
(2) Purchaser agrees for itself, its successors and assigns, and every successor in interest to the property, or any part thereof, the deed shall contain covenants on the part of purchaser for itself and its successors and assigns, that purchaser, and its successors and assigns, shall promptly begin and diligently complete the rehabilitation of the property, and the construction shall in any event be begun and completed within the period specified above in Paragraph D1. It is intended and agreed, and the deed shall so expressly provide, that these agreements and covenants shall be covenants running with the land, binding for the benefit of the community and seller, and enforceable by seller against purchaser and its successors and assigns to or of the property or any part thereof for any interest therein.
E. CERTIFICATE OF COMPLETION
(1) Promptly after completion of the rehabilitation of the property in accordance with the terms of this agreement and in compliance with all regulatory requirements as evidenced by the issuance of a Certificate of Occupancy, seller will furnish purchaser with an appropriate instrument so certifying. The certification by seller shall be and it shall be so provided in the deed and in the certification itself a conclusive determination of satisfaction and termination of the covenants in the agreement and the deed with respect to the obligations of purchaser and its successors and assigns to rehabilitate the property. The certification shall be in such form as will enable it to be recorded.
(2) If seller shall refuse or fail to provide the certification, seller shall, within ten (10) days after written request by purchaser, provide purchaser with a written statement indicating in adequate detail how purchaser has failed to complete the construction of the improvements, including but not limited to code violations and exterior features not in conformity with this agreement and the proposal submitted, and what measures or acts will be necessary, in the opinion of seller, for purchaser to take or perform in order to obtain the certification.
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(3) Once the certification is obtained, the purchasers will not be subject to loss of title under this agreement for subsequent violations of regulatory requirements.
F. COVENANTS BINDING UPON SUCCESSORS IN INTEREST; DURATION
It is intended and agreed, and the deed shall so expressly provide, that the covenants provided in Paragraphs D1, G and H shall be covenants running with the land binding to the fullest extent permitted by law and quite for the benefit and in favor of, and enforceable by, seller and its successors and assigns against purchaser, its successors and assigns, and every successor in interest to the property or any part thereof or any interest therein, and any party in possession or occupancy of the property or any part thereof.
G. PROHIBITION AGAINST TRANSFER OF PROPERTY
Purchaser has not made or created, and (except as permitted under Paragraph H) will not prior to the completion of the improvements as certified by seller, make or suffer to be made (1) any sale, conveyance, lease or other transfer of the property or any part thereof or interest therein, (2) any assignment of this agreement or any part thereof, or (3) any contract or agreement to do any of the same, without prior written approval of seller.
H. LIMITATION UPON ENCUMBRANCE OF PROPERTY
(1) Prior to the rehabilitation of the improvements and issuance of the certificate of completion by seller, neither purchaser nor any successor in interest to the property shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attached to the property, except for the purposes of obtaining (a) funds only to the extent necessary for making the improvements and (b) such additional funds, if any, in an amount not to exceed the purchase price paid by purchaser to seller. Provided that, until issuance of the certificate of completion, purchaser (or successor in interest) shall notify seller in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the property, and of any encumbrance or lien that has been created on or attached to the property, whether by voluntary act of purchaser or otherwise.
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(2) Purchaser shall not enter into any financing agreement that does not provide for notice to seller of any default by purchaser in the repayment thereof.
I. MORTGAGEES NOT OBLIGATED TO CONSTRUCT
Notwithstanding any of the provisions of this agreement, including but not limited to those that are intended to be covenants running with the land, the holder of any mortgage authorized by this agreement (including any holder who obtains title to the property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (1) any other party who thereafter obtains title to the property or such part from or through such holder (2) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall not be obligated by the provisions of this agreement to construct or complete the rehabilitation of the improvements or to guarantee such rehabilitation or completion; nor shall any covenant or any other provision in the deed be construed to so obligate such holder.
J. LEAD-BASED PAINT REQUIREMENTS
(1) The purchasers are hereby given notice that the property was constructed prior to 1973, and may have at some time in the past, been painted with lead-based paint inside and/or outside and that such surfaces may be covered with such paint. Applicable surfaces are all exterior surfaces of a residential structure, up to five feet from the floor or ground, such as a wall, stairs, deck, porch, railing, window, or doors, which are readily accessible to children under seven years of age, and all interior surfaces of a residential structure. The hazards, symptoms and treatment of lead-based paint poisoning (including maintenance and removal techniques for eliminating such hazards) are contained in Appendix 1, attached hereto, and made a part hereof.
(2) The rehabilitated unit shall be in compliance with HUD lead-based paint regulations, 24 CFR Part 35, issued pursuant to the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4821-4846, and the purchaser shall provide a certification that the building is in accordance with such HUD regulations.
K. ENFORCED DELAY IN PERFORMANCE
Neither seller nor purchaser, nor any successor in interest, shall be considered in breach or default of its obligations with respect to preparation of the property for rehabilitation or commencement and completion of rehabilitation of the improvements, in the event of enforced delay in the performance of such obligations
16
due to unforeseeable cause beyond its control and without its fault or negligence. The time for the performance of the obligations shall be extended for the period of the enforced delay, as determined by seller, if the party seeking the extension shall request it in writing of the other party within ten (10) days after the beginning of the enforced delay.
L. REMEDIES
(1) In general. Except as otherwise provided in this agreement, in the event of any default in or breach of the agreement, or any of its terms or conditions, by either party hereto, or any successor, such party (or successor) shall, on written notice from the other, cure or remedy such default or breach no later than (10) days after receipt of such notice. Said notice to the party in default or breach shall be given by certified mail or hand delivery. Purchasers agree to notify the City in writing of any changes in address. If the default or breach shall not be cured or remedied within ten (10) days of receipt of the notice, the aggrieved party may institute such proceeding as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations.
(2) Prior to conveyance. In the event that prior to the conveyance of the property and in violation of this agreement purchaser assigns or attempts to assign this agreement or any rights hereunder, or there is any change in the ownership or distribution of the stock of purchaser or with respect to the identity of the parties in control of purchaser or the degree thereof, or purchaser fails to pay the purchase price and to take title to the property on tender of conveyance by seller, then this agreement and any rights of purchaser in this agreement may at the option of seller be terminated by seller and the deposit may be retained by seller as liquidated damages. In the event that seller does not tender conveyance or possession of the property as provided in this agreement, then this agreement shall at the option of purchaser be terminated by purchaser and the deposit returned, without interest, to purchaser.
(3) Revesting title in seller upon happening of events subsequent to conveyance to purchaser. In the event that subsequent to conveyance of the property or any part thereof to purchaser, and prior to completion of rehabilitation of the improvements as certified by seller:
17
(a) Purchaser (or any successor in interest) shall default in or violate its obligations with respect to the rehabilitation of the improvements (including the nature and the dates for the beginning and completion thereof), or shall abandon or substantially suspend rehabilitation, and any such default, violation, abandonment or suspension shall ot be cured or ended within thirty (30) days after written demand by seller so to do; or,
(b) Purchaser (or any successor in interest) shall fail to pay real estate taxes or assessments on the property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by this agreement, or shall suffer any levy or attachment to be made, or any materialman's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien, removed or discharged or provisions satisfactory to seller made for such payment, removal, or discharge, within thirty (30) days after written demand by seller so to do; or,
(c) There is in violation of this agreement, any transfer of this property or any part thereof, any change in the ownership or distribution of stock or purchaser or with respect to the identity of the parties in control of purchaser, and any such violation shall not be cured within the (10) days after written demand by seller to purchaser, then seller shall have the right to re-enter and take possession of the property and to terminate (and revest in seller) the estate conveyed by the deed to purchaser, it being the intent of this provision, together with other provisions of the agreement, that the conveyance of the property to purchaser shall be made upon, and that the deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction, within the period and in the manner stated in this subparagraph, seller at its option may declare a termination in favor of seller of the title, and of all rights and interest in and to the property conveyed by the deed to purchaser, and that such title and all rights and interest of purchaser, and any assigns or successors in interest of purchaser,
18
and any assigns or successors in interest to and in the property, shall revert to seller; provided that such condition subsequent and any revesting of title as a result thereof in seller shall always be subject to and limited by, and shall not defeat, render invalid or limit in any way (1) the lien of any mortgage authorized by this agreement, and (2) any right or interest provided in the agreement for the protection of the holder of such mortgage. In addition to the right of re-entry and revesting of title provided for in the preceding sentence, upon the occurrence of a default failure or violation by purchase as specified in such sentence, seller shall also have the right to retain the deposit as liquidated damages.
M. RESALE OF REACQUIRED PROPERTY, DISPOSITION OF PROCEEDS
On the revesting in seller of title to the property or any part thereof as provided in Paragraph L, seller shall use its best efforts to resell the property or part thereof (subject to such mortgage liens and leasehold interest as set forth and provided for in Paragraph L) as soon and in such manner as seller shall find feasible and consistent with the objectives of applicable law to a qualified and responsible party or parties (as determined by seller) who will assume the obligation of making or completing the rehabilitation of the improvements or such other improvements in their stead as shall be satisfactory to seller and in accordance with the uses specified for such property or part thereof. On such resale of the property, the proceeds thereof shall be applied:
First, to reimburse seller, on its own behalf for all costs and expenses incurred by seller; and
Second, to reimburse purchaser, its successor or transferee, up to the amount equal to the sun of the purchase price paid by it for the property (or allocable to the part thereof) and the cash actually invested by it in performing any rehabilitation of improvements on the property or part thereof, less any gains or income withdrawn or made by it from the agreement on the property or part thereof. Any balance remaining after such reimbursement shall be retained by seller as its property.
N. CONDEMNATION
If there should be a divestment of title through condemnation, purchase under the threat of condemnation, or by other involuntary means, the purchasers, their heirs, executors, administrators and assigns shall be entitled to receive the net proceeds of such involuntary divestment.
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O. INSURANCE
(1) The purchaser shall, at purchaser's own cost and expense, provide and maintain and keep in force at all times until this requirement is waived in writing by the seller, fire and extended coverage insurance including flood insurance issued in the name of the purchasers with endorsements thereon naming the City of Alexandria, Virginia, as an additional named insured, protecting and covering its interest in the entire premises, an original copy of the policy to be furnished at settlement to, and approved by the seller and the face amount of said policy shall at all times during the period of rehabilitation be equal to 100 percent of the insurable value of the premises.
(2) The purchasers will not in any manner do, permit or suffer any act or thing in or upon said premises which may make void or voidable any insurance required under the terms of this agreement, and the purchasers shall deliver to the seller all policies of insurance required by the provisions of this agreement, and the purchasers shall also furnish to the seller from time to time, and whenever the seller may request the same, such evidence as the seller may require of the fact that such insurance is in full force and effect, and of the dates to which premiums therefore, have been paid, and further all insurance policies may not be changed or canceled for any reason until thirty (30) days after written notice of such proposed change or cancellation has been received by the seller, or unless the seller shall expressly consent thereto or request the same.
P. INDEMNIFICATION
The purchaser will and by these presents does agree to indemnify and save harmless and continue to indemnify and save harmless the seller, its servants and employees from all penalties, claims and demands resulting from the purchaser's use, occupancy and tenancy in the demised premises, and it is expressly understood and agreed that the seller, its servants and employees shall not be liable to the purchaser or to any person or property while in, upon or about or entering or leaving said premises at any time during the term of this agreement and all claims therefore are hereby released to the seller which may plead this release in bar thereof in any and every suit, demand and claim for same.
Q. CONTINGENT UPON CITY COUNCIL APPROVAL
This agreement is contingent upon the adoption by the City Council of Alexandria, Virginia, of an ordinance authorizing the sale of the property according to the terms herein set forth. If the City Council fails to adopt such an ordinance, the seller shall refund to the purchaser any and all money received by the seller as a deposit
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under this contract and the purchaser shall be relieved of any further obligation under this contract.
R. CONFLICT OF INTEREST; SELLER'S REPRESENTATIVES NOT INDIVIDUALLY LIABLE
(1) No member, official, or employee of seller shall have any personal interest, direct or indirect, in this agreement, nor shall any such member, official or employee participate in any decision relating to this agreement that affects his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested. No member, official or employee of seller shall be personally liable to purchaser or any successor in interest in the event of any default or breach by seller, or for any amount that may become due to the purchaser or successor, or any obligation under the terms of this agreement.
(2) The purchaser and the seller represent, and it is a condition to acceptance of this agreement that no member of, or delegate to congress, or official of the government of the City of Alexandria, shall be admitted to, or share any part of, this agreement, or to any benefits that may arise therefrom.
S. ENTIRE AGREEMENT
The purchaser and the seller agree that the entire and final accord between them is contained in this agreement, and that neither of the parties shall be bound by any terms, conditions or statements, oral or written, not herein contained.
T. PROVISIONS NOT MERGED WITH DEED
No provision of this agreement is intended to or shall be merged by reason of any deed transferring title to the property from seller to purchaser or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of this agreement.
U. NOTICES
Unless otherwise provided for in this agreement, the purchaser shall send copies of all notices, requests for approval and other correspondence required by this agreement to be sent to the seller to: Real Estate Officer, Office of Housing, Program Implementation Division, 2 Herbert Street, Vernon Square Professional Center, Alexandria, Virginia 22305. The seller shall send copies of all notices and other correspondence required by this agreement to be sent to the purchaser to:
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Executive Director, Habitat for Humanity of Northern Virginia, Inc., 601 N. Vermont Street, Arlington, Virginia 22203.
V. ACCESS
Purchaser agrees to permit the seller or its agent or other persons duly authorized by the seller at all reasonable times during the rehabilitation period to have access to and enter upon the premises or any part thereof for the purpose of examining the same to determine the purchaser's compliance with this agreement.
W. FORBEARANCE BY SELLER NOT A WAIVER
Any forbearance by seller in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
IN WITNESS WHEREOF, the parties have executed this agreement this 23 day of May, 1995.
Habitat for Humanity of Northern Virginia, Inc.,
a Virginia non-profit Corporation
By:______________________________________________
James B. Anderson, President Board of Directors
City of Alexandria
a Municipal Corporation of Virginia
By:______________________________________________
Vola Lawson, City Manager
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STATE OF VIRGINIA )
)
CITY OF ALEXANDRIA ) to wit:
The foregoing document was subscribed and sworn to before me this 2nd day of June , 1995, by Vola Lawson, who is the City Manager of the City Alexandria, a Virginia Municipal Corporation, on behalf of said corporation
___________________________
Notary Public
My commission expires: September 30, 1996
STATE OF VIRGINIA )
)
COUNTY OF ARLINGTON ) to wit:
The foregoing document was subscribed and sworn to before me this 22nd day of May,1995, by James B. Anderson, who is the President of the Board of Directors of Habitat for Humanity of Northern Virginia, Inc., a Virginia non-profit Corporation, on behalf of said corporation.
_____________________________
Notary Public
My commission expires: April 30, 199723
REHABILITATION SCHEDULE
TYPE OF WORK ESTIMATED ESTIMATED
START DATE COMPLETION DATE
1. Foundation: __________ __________
2. Substructure:
Interior Slab: __________ __________
3. Superstructure:
Floor Framing: __________ __________
Floor Decking: __________ __________
Ceilings: __________ __________
Stairs: __________ __________
4. Exterior Closure:
Exterior Wall: __________ __________
Siding: __________ __________
Doors: __________ __________
Windows: __________ __________
5. Roofing: __________ __________
6. Interior Construction:
Interior Partitions: __________ __________
Ceiling Finish: __________ __________
Wall Finish: __________ __________
Floor Finish: __________ __________
Interior Doors: __________ __________
7. Elevators: __________ __________
8. Plumbing & Mechanical:
Plumbing Rough In: __________ __________
Plumbing Finish: __________ __________
Heating Rough In: __________ __________
Heating Finish: __________ __________
9. Electrical
Rough In: __________ __________
Finish: __________ __________
10. N/A
11. Special:
Kitchen: __________ __________
Fireplaces: __________ __________
12. Site Work:
Utility Trench: __________ __________
Sidewalks: __________ __________
Landscaping: __________ __________
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APPROVALS AND INSPECTIONS
TYPE OF APPROVAL/INSPECTION ESTIMATED
COMPLIANCE DATE
1. Obtain Board of Architectural Review approval. ____________
2. Obtain required variances from Zoning. ____________
3. Obtain Building Permit. ____________
4. Obtain Trade Permits:
Electrical ____________
Plumbing ____________
Mechanical ____________
Other specify:_____________ ____________
5. Obtain Inspections:
Building:
Framing ____________
Close in ____________
Final ____________
Electrical:
Close in ____________
Final: ____________
Plumbing:
Close in ____________
Final: ____________
Mechanical
Close in ____________
Final: ____________
6. Obtain Certificate of Occupancy or Code
Enforcement clearance of property. ____________
We, the undersigned, understand that pursuant to the Sales and Rehabilitation Agreement all repairs and improvements must be completed to satisfy City of Alexandria and Commonwealth of Virginia Building and Health Code standards no later than one year from date of settlement.
_______________ __________________
Purchaser Purchaser
If additional space is needed, use other side.
Received by:__________________
Date:__________________________
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Appendix I - LEAD-BASED PAINT
Older houses and apartments often have layers of lead paint on the walls, ceilings, and woodwork. Outdoors, lead paints and primers may have been used in many places, such as on walls, fences, porches and fire escapes. When the paint chips off or when the plaster breaks, there is real danger of babies and young children developing lead poisoning. Children get lead poisoning when they eat bits of paint that contain lead, or ingest lead dust which clings to furniture, walls, floors and toys through mouthing of fingers.
Most children have no symptoms. When symptoms appear, they are often similar to common childhood complaints such as headaches, irritability, tiredness, loss of appetite and stomach aches. Lead poisoning can cause learning problems, behavior problems, mental retardation and even death.
Even very small amounts of lead can cause serious harm to a young child. The only way to detect lead poisoning early is to have your pediatrician or clinic perform a finger-stick blood test for lead. Do this if you detect symptoms.
If a child is seen putting pieces of paint or plaster in his mouth, he should be taken to a doctor, clinic or hospital as soon as possible. Do not wait for signs of poisoning.
The Purchaser or his contractor shall inspect for defective paint surfaces (paint on applicable surfaces that are cracking, scaling, chipping, peeling or loose). Treatment of defective paint conditions shall be included in the Purchaser's Schedule of Repairs and Improvements, which appears as Attachment #1 to the Agreement for Sale and Rehabilitation of 1114 PRINCESS STREET, Alexandria, Virginia. The Purchaser must treat defective paint surfaces by either covering or removing the defective paint surfaces. Covering may include adding a layer of gypsum wall board; a Fiberglass cloth barrier; or, if wall conditions permit, wallpaper which is permanently attached and not easily removed. Methods for paint removal include scraping; heat treatment (infrared or coil type heat guns); chemicals; and, replacement of trim surfaces. Machine sanding and use of propane torches are not permitted. Washing and repainting without thorough removal or covering is not adequate.
Chewable surfaces are all chewable protruding painted surfaces up to five feet from the floor or ground which are readily accessible to children under seven years of age, e.g., protruding corners, windowsills and frames, doors and frames, and other protruding woodwork. The purchaser is required to test the lead content of chewable surfaces, unless abatement is performed without testing. Lead content shall be tested by using an x-ray fluorescence analyzer (XRF) or other method approved by HUD. Test readings of 1 mg/cm or higher using an XRF shall be considered positive for presence of lead based paint.
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Where interior chewable surfaces are found to contain lead-based paint, all interior chewable surfaces in any affected room shall be treated. Where exterior chewable surfaces are found to contain lead-based paint, the entire exterior chewable surface shall be treated. Treatment of chewable lead-based paint surfaces shall consist of covering or removal of the painted surface as described above for defective paint surfaces.
In lieu of the procedures for testing the lead content of chewable surfaces, the Purchaser may forego testing and abate all interior and exterior surfaces by covering or removing the painted surface as described above for defective paint surfaces.
Treatment of chewable surfaces shall be included in the Purchaser's Schedule of Repairs and Improvements, which appears as Attachment 1 to the "Agreement for Sale and Rehabilitation of 1114 Princess Street, Alexandria, Virginia."
The Purchaser will provide the seller a copy of each inspection and/or test report.
Lead-based paint and defective paint debris shall be disposed of in accordance with applicable Federal, state or local requirements.
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20. Introduction and First Reading. Consideration. Passage on First Reading and Second Reading of AN ORDINANCE to adopt Supplement 6 of the City of Alexandria Zoning Ordinance. [ROLL-CALL VOTE]
The City Clerk read the docket item.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council introduced and passed on its First and Second Readings. The voting was as follows:
Pepper "aye" Donley "aye"
Rich "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3802
AN ORDINANCE adopting supplemental pages for the Zoning Ordinance of the City of Alexandria, Virginia, 1992, 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 of the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended ("Zoning Ordinance"), and the portions thereof, set forth in the supplemental and replacement pages for the Zoning Ordinance, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 6," are hereby adopted as and shall constitute "The Sixth Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992."
Section 2. That the sections of the Zoning Ordinance, and the portions thereof, set forth in "The Sixth Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992," shall be in force and effect on and after the effective date of this ordinance, and all ordinances amending the text of the Zoning Ordinance which were adopted between September 28, 1994, and February 25, 1995, inclusive, and which are not included in such supplement or in the Zoning Ordinance 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 provision of any ordinance amending the Zoning Ordinance which was adopted between September 28, 1994, and February 25, 1995, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Sixth Supplement to The Zoning Ordinance of the City of Alexandria, Virginia, 1992"; nor shall it affect any ordinance adopted after February 25, 1995.
Section 4. That one complete set of pages comprising "The Sixth Supplement to the Zoning ordinance of the City of Alexandria, Virginia, 1992," 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 pages comprising such supplement shall be properly inserted into the copy of the Zoning Ordinance of the City of Alexandria, Virginia, 1992, which bears the manual signatures of the mayor and the city clerk, and such code,
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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. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 5/23/95
First Reading: 5/23/95
Second Reading: 5/23/95
Final Passage: 5/23/95
OTHER
21. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated May 19, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 5/23/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Council Member Walker and carried unanimously, City Council approved the Council Schedule as follows: (1) changed the starting time of the Community Forum on Vision-Setting from 7:30 p.m. to 7: 00 p.m. , scheduled for Wednesday, May 31, at the Old Town Holiday Inn; (2) noted that a reception is scheduled at 6:00 p.m. on Tuesday, June 13, in the City Hall Lobby for a display of photos taken on "Take Your Child to Work Day" last month; and (3) changed the Work Session with the Park and Recreation Commission scheduled for 6:30 p.m. before the June 13 meeting to the Saturday, June 17 Public Hearing Meeting at the lunch break. The voting was as follows:
Donley "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
CONTESTED APPOINTMENTS
22. Alexandria Commission for the Arts
1 Member Who Has Expertise in the Arts, Either As a
Practitioner or As a Professional Administrator
(The following persons volunteered for appointment to the above Commission:)
Twig Murray
Donald Williams
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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. 22; 5/23/95, and is incorporated herewith as part of the record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Twig Murray as a Member Who Has Expertise in the Arts, Either As a Practitioner or As a Professional Administrator, to the Alexandria Commission for the Arts. The voting was as follows:
Ticer - Murray
Donley - Murray
Cleveland - Williams
Euille - Williams
Pepper - Williams
Rich - Murray
Walker - Murray
23. Alexandria Commission on Employment
1 Business Representative
(The following persons were endorsed or volunteered for appointment to the above Commission:)
NAME ENDORSED BY
Robyn Fitzgerald* Harriet S. Yaffe
(Residency Waiver Required)
James Shank
__________________
*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. 23; 5/23/95, and is incorporated herewith as part of the record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed James Shank as a Business Representative to the Alexandria Commission on Employment. The voting was as follows:
Ticer - Shank
Donley - Shank
Cleveland - Shank
Euille - Fitzgerald
Pepper - Shank
Rich - Shank
Walker - Shank
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24. Alexandria Early Childhood Commission
1 Representative of the President of the
Alexandria Chamber of Commerce
(The following person was recommended for appointment to the above Commission:)
NAME ENDORSED BY
Ann Lindner* Kathleen T. Snyder,
President and CEO,
Alexandria Chamber
of Commerce
_________________________
*Residency 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. 24; 5/23/95, and is incorporated herewith as part of the 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 Ann Lindner as a Representative of the President of the Alexandria Chamber of Commerce to the Alexandria Early Childhood Commission. The voting was as follows:
Ticer - Lindner
Donley - Lindner
Cleveland - Lindner
Euille - Lindner
Pepper - Lindner
Rich - Lindner
Walker - Lindner
EXECUTIVE SESSION
25. Convening of an Executive Session for the Purpose of Consulting with Legal Counsel Pertaining to Pending Litigation Involving the City, Pursuant to Virginia Code § 2.1-344(A)(7).
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously, at 9:50 p.m., City Council convened an executive session, at this time, for the purpose of consulting with legal counsel pertaining to the following litigation involving the city, pursuant to Virginia Code § 2.1-344(A)(7): Northfield Investment Co. v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, No. 931017, which involves the real estate assessment of the property at 801 North Fairfax Street for the tax years 1990 through 1993; Dechantel Limited Partnership v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves the real estate assessment of the property at 1604 to 1614 King Street for the tax years 1990 through 1992; and American Society of Travel Agents v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, No. 931049, which involves the assessment of certain business personal property of the petitioner for tax years 1989 through 1994. The voting was as follows:
Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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New Business Item No. 1: WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, at 10:30 p.m., City Council reconvened the meeting. The voting was as follows:
Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"
New Business Item No. 2: WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
The resolution reads as follows:RESOLUTION NO. 1743
WHEREAS, the Alexandria City Council has this 23rd day of May, 1995, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by Council during the executive session.
New Business Item No. 3: WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council authorized the City Attorney to settle the three lawsuits identified by the City Attorney in said Executive Session. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
32
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, at 10:35 p.m., the Regular Meeting of Tuesday, May 23, 1995, was adjourned. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
APPROVED BY:
______________________________ PATRICIA S. TICER MAYOR
ATTEST:
__________________________________
Susan K. Seagroves, Deputy City Clerk
This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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