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Regular Meeting
Tuesday, June 25, 1996 - - 7:30 pm

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Present: Mayor Kerry J. Donley, Vice Mayor Redella S. Pepper, Members of Council William C. Cleveland, William D. Euille, Lonnie C. Rich, David G. Speck, 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. Gitajn, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Ms. Boyd, Director of Citizen Assistance; Mr. Caton, Legislative Director; Mr. Lynn, Director of Planning and Zoning; Mr. Neckel, Director of Finance; Mr. Cyphers, Director of Human Services; Ms. Davis, Director of Housing; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Cole, Director of Information Technology Services; Ms. Hansen, Deputy Director of Housing; Ms. Fayne, Special Assistant to the City Manager; Mr. Fertig, Director of Personnel; Mr. Robinson,Director of Recreation, Parks and Cultural Activities; Mr. Pitzer, Purchasing Agent; Ms. Gattsek, Director of Office on Women; Ms. Tyson, Division Chief, Finance Department; Ms. Barnett, Division Chief, Recreation, Parks and Cultural Activities; Fire Chief Hawkins; Police Chief Samarra; Sheriff Dunning; Commonwealth's Attorney Kloch; Mr. McNamara, Executive Director, Alexandria Redevelopment and Housing Authority; and Lieutenant Kaluta, Police Department.

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



There was a work session on City Employee compensation issues at 6:00 p.m., in the Council Workroom. The Mayor and Members of City Council, City Manager Lawson, representatives of the City Employee organizations Michael Clancey, Tim Gleeson, Richard Estes, Michael Green, William Ledbetter, James LeCruise, John Vollmer, Eric Jones, Barry Shiftic, Personnel Director Fertig, Financial and Information Technology Services Director Gitajn, Sheriff Dunning, and Police Chief Samarra participated in the discussion. They went through the proposed data collection elements and decided what was to be included in the data collection effort.

Please refer to Docket Item No. 15 of the Regular Meeting docket for the action taken by City Council with respect to this issue.

The work session was concluded at approximately 7:27 p.m.

(Material pertaining to this work session is on file in the office of the City Clerk and Clerk of Council, and is incorporated as part of the record by reference.)


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OPENING

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.

3. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council corrected a typographical error in Resolution No. 1793 on page 15, paragraph 1 of the Minutes for June 11, 1996, and amended the resolution by striking the words "Regional Surface Transportation Program" and inserting the words "Congestion Mitigation Air Quality". The voting was as follows:


Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

THEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved the Minutes of the Regular Meeting of June 11, 1996, as amended. The voting was as follows:

Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, City Council received the report of the City Clerk dated June 19, 1996, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/25/96, and is incorporated herewith as part of this record by reference. The voting was as follows:


Cleveland "aye" Pepper "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

New Business Item No. 1: Councilman Euille requested the City Manager to give Council an update on Monday's storm. City Manager Lawson gave a report and stated that the City has a storm hotline in service. Persons are to call 548-6000.

WITHOUT OBJECTION, City Council considered Docket Item No. 45 at this point.

45. Presentation of a Gift to the City by Alexandria-Washington Lodge 22 (Masons) to be Presented by Worshipful Master Mark Wayne Underwood and Presentation of Proclamation in Honor of Saint John the Baptist Day. (Vice Mayor Pepper and Mayor Donley)

(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. 45; 6/25/96, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Cleveland "aye" Pepper "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (5-13)
WITHOUT OBJECTION, City Council removed Docket Item Nos. 10 and 13 from the Consent Calendar, and considered them on separate motions.

5. Receipt of the Following Resignations from members of Boards, Commissions and Committees:
Elsie M. Mosqueda

(Copies of the above resignations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 5 (a-b); 6/25/96, and is incorporated herewith as part of this record by reference.)
Committees:
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(Material pertaining to this item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No.1 of Item No. 6 (a-j); 6/25/96, and is incorporated herewith as part of this record by reference.)

7. Consideration of Renewal of Grant Contract with Project Discovery for Continuation of Funding for FY 1997.

(A copy of the City Manager's memorandum dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/25/96, and is incorporated herewith as part of this record by reference.)

8. Consideration of Renewal of Grant Contract with the Virginia Community Action Re-entry System (VA CARES) for Continuation Funding for FY 1997.

(A copy of the City Manager's memorandum dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/25/96, and is incorporated herewith as part of this record by reference.)

9. Consideration of Application for Funding from the Governor's Employment Training Department for the 1996 Summer Youth Employment Program under Title IIB of the Job Training Partnership Act.

(A copy of the City Manager's memorandum dated June 25, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/25/96, and is incorporated herewith as part of this record by reference.)

11. Consideration of the Status Report on the Human Services Committee Report Recommendations.

(A copy of the City Manager's memorandum dated June 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/25/96, and is incorporated herewith as part of this record by reference.)

12. Consideration of Status Report on Potomac West Alliance Pilot Project.

(A copy of the City Manager's memorandum dated June 19, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 10 and 13 which were considered under separate motions. The City Manager's recommendations are as follows:

5. City Council received the following resignations with regret: (a) Elsie M. Mosqueda from the Alexandria Early Childhood Commission, and (b) Bruce Miller from the Alexandria Public Records Advisory Commission; requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.



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6. City Council (a) appointed Susan Thompson as a Representative from a Group Interested in the Promotion and Maintenance of Affordable Housing in Alexandria to the Alexandria Affordable Housing Advisory Committee; (b) reappointed Kim-Scott Miller as a Representative from the Public Schools and appointed Patricia Porter as a Health Care Professional to the Alexandria-Caen Exchange Committee; (c) appointed Sean Kelly as a Member-at-Large to the Alexandria Archaeological Commission; (d) reappointed Richard Salopek as an Architect and Donald Kraft as a Citizen Member to the Alexandria Board of Architectural Review - Parker-Gray District; (e) appointed Douglas Anderson as a Citizen Member to the Alexandria-Gyumri Sister City Committee; (f) appointed Violet Thompson as a Representative from the Alexandria Commission on Aging to the Alexandria Commission on Persons with Disabilities; (g) reappointed Richard Ryan as a Physician to the Alexandria Community Services Board; (h) reappointed Robert Haas as a Consumer Member to the Health Systems Agency of Northern Virginia Board of Directors; (i) appointed Arthur Killinger as a Citizen Member to the USS Alexandria Liaison Committee; and (j) appointed Leon Nicely, Sr. as a Parent Member to the Alexandria Youth Services Commission.

7. City Council authorized (1) the City Manager to renew the grant contract for FY 1997 continuation funding from Project Discovery, Incorporated, in the amount of $70,901; (2) 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 receipt of funding from Project Discovery, Incorporated or other non-City sources, and the persons in these positions have been notified of this condition of employment. It should be noted that there are no monies available in the City budget to continue the program once grant funds are expended; and (3) the City Manager to execute all necessary documents that may be required.

8. City Council authorized (1) the City Manager to renew the grant contract for continuation funding, in the amount of $13,116, from VA CARES, Incorporated for provision of services to ex-offenders in Alexandria in the first quarter of FY 1997; (2) the continuation of one full-time grant-funded position, the Community Services Specialist, and one part-time grant-funded position, (0.75 FTE) Program Aide I, to administer this ongoing VA CARES program. Continuation of these positions is contingent upon receipt of funding from VA CARES, Incorporated or other non-City sources and the employees have been informed of this condition of employment. It should be noted that there are no monies available in the City budget to continue the program once the grant funds are expended; (3) acceptance of $3,120 from the Adult Probation and Parole Office for continued support and sponsorship of the Ex-offender Support Group, and; (4) the City Manager to execute all necessary documents that may be required.

9. City Council authorized (1) the City Manager to submit a grant application to the Governor's Employment Training Department for $145,137 for the 1996 Summer Youth Employment Program (SYEP) under Title IIB of the Job Training Partnership Act; (2) the reallocation of $47,709 in unexpended FY 1996 Title IIC (year-round youth) funds and $24,689 in unexpended Summer 1995 Title IIB carryover funds for the Summer 1996 SYEP; and (3) the City Manager to execute all necessary documents that may be required.

11. City Council received the report and thanked the Boards, Commissions and staff involved in the implementation for their work.




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12. City Council received the Interim Report on the Potomac West Alliance Pilot Project.

END OF THE CONSENT CALENDAR
The voting was as follows:
Walker "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

10. Consideration of the Status Report on the Small and Minority Business Task Force Report Recommendations.

(A copy of the City Manager's memorandum dated June 25, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried unanimously, City Council received the status report. The voting was as follows:

Euille "aye" Pepper "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

13. Consideration of Proposed Amendments to the Agreement for the Peumansend (formerly the A.P. Hill) Regional Jail.

(A copy of the City Manager's memorandum dated June 21, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/25/96, and is incorporated herewith as part of this record by reference.

Copies of the amended pages 13 and 14 are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously, City Council adopted the proposed amendments to the service agreement for the regional jail, as amended. The voting was as follows:

Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

14. Receipt of the City Manager's Ad Hoc Task Force Report on Stalking/Domestic Violence Issues Related to the Murder of Karen Mitsoff.

(A copy of the City Manager's memorandum dated June 20, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously, City Council (1) received the Report and thanked the Members of the Ad Hoc Task Force for their work in addressing stalking/domestic violence issues; (2) requested the City Manager to incorporate the following state legislative recommendations of the Ad Hoc Task Force into the City's proposed 1997 Legislative Package when it is prepared later this year (the numbers below are the recommendation numbers used in the report):



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(3) Requested the appropriate City officials and agencies to review the following Ad Hoc Task Force recommendations, and implement changes as appropriate, with assistance from the City Manager and her staff:






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Walker "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

15. Consideration of Authorizing the Issuance of a Request for Proposals for Data Collection on City Employee Compensation.

(A copy of the City Manager's memorandum dated June 20, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously, City Council (1) agreed to obtain a consultant to collect data and would not ask for any recommendations or conclusions to be drawn by any outside consultant or management firm who might compile this data for us; the consultant would collect data on the following items: compare the FY 1997 minimum and maximum salaries for a fixed number of commonly used classifications within the public safety agencies and general government agencies with those of the other public sector employers within Northern Virginia, the public sector governments to be included in this data collection effort are Arlington County, Fairfax County, City of Falls Church, and the City of Fairfax; compare the number of years required to progress from the minimum salary to the maximum in the selected jurisdictions, including the definition of longevity in each jurisdiction and multi-year step requirements; compare the City's compensation practices (e.g., number of grades, pay ranges within grades, basis for awarding increments, pay adjustments awarded upon promotion or demotion, reclassification, career ladder steps, acting/transfer assignments, and built-in overtime, such as roll-call pay) relative to the other selected jurisdictions and discuss any distinctions between

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public safety and general employee pay practices; compare the average percentage of merit (in-step) increases and cost-of-living adjustments over the past five years with increases approved by the other public sector employers; compare the attrition rates (show both percentage and raw numeric data) and qualified applicant recruitment figures among general government and public safety agencies' employees relative to the other selected jurisdictions; compare the proportion of general government and public safety employees that are in longevity relative to the other selected jurisdictions; any fiscal impact issues and the issue of career ladders for City employees are to be reviewed and reported on by the City Manager either as a separate item for consideration by Council or in the context of the Fiscal 1998 budget; data collection effort will focus on salary issues only; if a follow-up study on benefits is to occur, this item will be addressed in the spring; with the request that this comparison data be available for Council consideration in October or November in time for Council to consider such changes in the context of the FY 98 budget, and would be available to the City Manager to use in her proposed budget; (2) approved the issuance of a Request for Proposals (RFP) for data collection for City employee compensation issues; and (3) authorized the City Manager to award a contract to the most responsive and responsible bidder. The voting was as follows:

Walker "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

16. Consideration of the Alexandria Seaport Foundation's Maritime Heritage Center.

(A copy of the City Manager's memorandum dated June 18, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council (1) approved the concept of having a Maritime Heritage Center somewhere along the City's waterfront, but not designate a specific location at this time, with the understanding that no City funding is to be provided for this Center; and (2) requested the Alexandria Seaport Foundation to meet with the National Park Service to determine if the Park Service is supportive of the concept of having a Maritime Heritage Center on the waterfront. The voting was as follows:

Rich "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Speck out of room
Walker "aye"







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17. Consideration of Recommendations Regarding the City Staff/AIDS Task Force Report on the "Status of HIV/AIDS in Alexandria."

(A copy of the City Manager's memorandum dated June 20, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/25/96, and is incorporated herewith as part of this record by reference.

A copy of Matthew Murguia's letter dated June 15, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 6/25/96, and is incorporated herewith as part of this record by reference.)


WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried unanimously, City Council (1) received the report and thanked the members of the Work Group composed of Alexandria Task Force on AIDS members and City staff for their time and effort in completing the report; (2) approved the reallocation of a 0.50 vacant full-time equivalent (FTE) position from the Department of Mental Health, Mental Retardation and Substance Abuse (MH/MR/SA) to establish a part-time HIV/AIDS coordinator position in the Health Department at a cost of approximately $17,600 per year. This position is proposed to be funded, in part, by the HIV/AIDS grant administered by the Department of MH/MR/SA, and the remaining costs will be absorbed within the FY 1997 General Fund budget for the Health Department; and (3) approved the purchase of computer equipment and software for this position in the Health Department, at a cost of approximately $3,400. These costs will be absorbed within the FY 1997 General Fund budget for the Health Department, and amended the City Manager's recommendation to include the other two recommendations by the Task Force, i.e., the recognition of the rank and priority of needs detailed in the report, and the creation of an implementation team to be charged with completing the workplan. The voting was as follows:

Rich "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Speck "aye"
Walker "aye"

18. Consideration of U.S. Department of Housing and Urban Development "Housing Opportunities for Persons with AIDS" Grant Funding Allocated to the City of Alexandria and Approval of Certification of Consistency with the City of Alexandria's Consolidated Plan for Housing and Community Development.

(A copy of the City Manager's memorandum dated June 18, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion simultaneously made by Councilmen Cleveland and Speck, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council (1) approved acceptance of continuation grant funding for Federal Fiscal Year 1995 from the U.S. Department of Housing and Urban Development in the amount of $92,151, for the Housing Opportunities for Persons with AIDS (HOPWA) Program that will be available in the City's Fiscal Year 1998; (2) approved Alexandria's participation in this program and the submission of a grant application for continued grant funding for Federal Fiscal Year 1996 from the U.S. Department of Housing and Urban

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Development in an amount yet to be determined at this time, for the Housing Opportunities for Persons with AIDS (HOPWA) Program that will be available in the City's Fiscal Year 1999; and (3) authorized the City Manager to sign the Certification of Consistency with the City of Alexandria's Consolidated Plan for Housing and Community Development. The voting was as follows:

Cleveland "aye" Donley out of room
Speck "aye" Pepper "aye"
Walker "aye" Euille "aye"
Rich "aye"

19. Consideration of the Early Childhood Commission Recommendations Regarding FY 1997 Children's Fund Monies.

(A copy of the City Manager's memorandum dated June 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman speck, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the Early Childhood Commission recommendations as follows: (1) the allocation of $667,000 in FY 1997 Children's Fund monies: (a) $645,386 to fund 11 projects that provide: (1) quality child care; (2) comprehensive services, such as transportation, child abuse prevention, family support, speech and language pathology services, support services to teen mothers, and psychological services to at-risk preschool age children; and (3) training, monitoring and benefits to ensure the development and maintenance of quality in child care programs and family child care homes; and (b) $21,614 to establish a new full-time position in the Department of Mental Health/Mental Retardation/Substance Abuse. Currently, there is a 30-hour per week part-time child psychologist position in the Mental Health Center, and this additional funding will increase the hours of this position from 30 to 40 hours per week to provide psychological services to at-risk children enrolled in newly accredited child care programs. It should be noted that this position is essentially a grant-funded position, and the position would terminate upon the expiration of the grant funding. The individual in this position has been notified of this condition of employment; and (2) $24,648 in FY 1996 Children's Fund monies allocated to Healthy Families Alexandria (HFA) be carried over to FY 1997 for the Healthy Families program, for a total FY 1997 Children's Fund commitment to HFA of $200,000; and (3) a policy for unexpended funds be approved that states: "If any monies are unexpended from the Children's Fund programs in FY 1997 (or from FY 1996 carry-over programs) due to the inability of a project to fully expend its allocation (for example, failure to obtain other local matching monies or due to position vacancies), those monies shall be reallocated to the crisis aid child care fund or the child day care subsidy program." The voting was as follows:

Speck "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley out of room Rich "aye"
Walker "aye"


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20. Receipt of the Monthly Financial Report for Period Ending May 31, 1996.

(A copy of the City Manager's memorandum dated June 18, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council (1) received the Financial Report for the period ending May 31, 1996; (2) authorized the City Manager to award contracts to the lowest responsive and responsible bidders for the following public improvement projects: the replacement of the roof at the Chinquapin Recreation Center; the replacement of the HVAC system at the Lyceum auditorium; miscellaneous painting and wall covering projects; the replacement of the roof at the Warwick Pool Building; the installation of automatic doors at the Human Services Building at 2525 Mount Vernon Avenue; the retrofitting of light fixtures at the Human Services Building at 2525 Mount Vernon Avenue; the replacement of tile at the front entrance apron of the Public Safety Center; and the retrofitting of light fixtures at various City buildings; (3) approved the closing of the 34 completed Capital Improvement Program projects listed in Attachment 5 of the report, and approved the reallocation of the net remaining funds, in the amount of $1,756, to capital project no. 002-003, New Central Community Library; and (4) authorized the City Manager to issue requests for proposals for the following projects: (a) organization(s) to identify, recruit, train, and support therapeutic foster care homes for children with serious emotional disturbances; (b) organizations to develop a family support organization composed of parents who are citizens of the City of Alexandria to support and assist other parents who have children with serious emotional disturbances; and (c) organizations to provide community outreach services on a contract basis to Alexandria citizens of Hispanic origin. The voting was as follows:

Pepper "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

21. Consideration of Amendments to the Docking Operations Plan to Add Two Commercial Berths at the City Marina, and Permit the City to Enter into Short-term License Agreements with the Owners of the Sequoia and the Shore Shot.

(A copy of the City Manager's memorandum dated June 19, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/25/96, and is incorporated herewith as part of this record by reference.)




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Vice Mayor Pepper requested that there be a division of the question. The Council agreed to divide the question. The first motion was as follows:

WHEREUPON, upon motion by Council Member Walker, seconded by Council Member Rich and carried unanimously, City Council approved (1) designating the two new commercial berths, one at the Founders Park T-Pier and one at the landing in front of the Chart House, as permanent commercial slips. Currently, the City has four permanent commercial slips. This action would bring the total number of permanent commercial slips to six; (2) entering into a short-term license agreement (now through October) with the Sequoia Presidential Corporation (operators of the Sequoia) for use of the Founders Park T-Pier; and (3) the issuance of an RFP this summer for extended berthing (5 years) for the City Marina's three available commercial berths (the Founders Park T-Pier, the berth in front of the Chart House, and the vacant berth at the North Pier). The voting was as follows:

Walker "aye" Pepper "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Speck "aye"

City Manager Lawson stated with respect to noise related to the Shore Shot, that staff will review this on a month-to-month basis. If it exceeds the noise ordinance, it must come into compliance or it will not continue throughout the trial period.

THEREUPON, upon motion by Council Member Walker, seconded by Council Member Rich and carried on a vote of 6-to-1, City Council approved entering into a short-term license agreement (now through October) with Catch the Wind, Inc., (operators of the Shore Shot) for use of the landing in front of the Chart House. The voting was as follows:

Walker "aye" Pepper "no"
Rich "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Speck "aye"

22. Consideration of Loan of Community Development Block Grant (CDBG) Funds to the Alexandria Redevelopment and Housing Authority (ARHA).

(A copy of the City Manager's memorandum dated June 13, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council (1) (a) approved a no-interest loan of $500,000 in Community Development Block Grant (CDBG) monies to the Alexandria Redevelopment and Housing Authority (ARHA), for the following activities proposed by ARHA in Attachment I of the report:

Activity Amount

Public Housing Renovation $248,000

Renovation of Mixed Public/Market Rate $242,000
Affordable Housing

ARHA Security Services: Police Detail $10,000
$500,000


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(b) Require that the loan be repaid by ARHA no later than 30 days following the date ARHA receives sufficient proceeds from its next redevelopment project which exceed the development and operating cost of required replacement housing, all other necessary expenses connected with the redevelopment, and the amount needed to repay the 1992 City loan of $275,590 (of which $273,309 has been disbursed to date), or sooner if financially feasible. ARHA will also provide to the City each year, on the anniversary date of the loan, an assessment of its ability to repay the loan; (2) approved the corresponding CDBG program amendment to establish three new CDBG activities; and (3) approved the transfer of $500,000 from CDBG Program budgets as outlined in Attachment III of the report to fund the ARHA activities as listed in Attachment I of the report. The voting was as follows:

Cleveland "aye" Pepper "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich out of room
Speck "aye"

23. Consideration of Extending the June 30, 1996, Deadline of the Agreement between the City and the Arlandria/Chirilagua Corporation Regarding the Conversion of the Potomac Village Apartments to a Resident-owned Cooperative.

(A copy of the City Manager's memorandum dated June 19, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council (1) granted the Arlandria/Chirilagua Housing Corporation a six-month extension, to December 31, 1996, to provide a sufficient number of applications from qualified purchasers of loan shares to support the $112,000 advance of the previously approved $150,000 share purchase assistance, or to repay, with 3% interest, any amount not supported with satisfactory applications by that date; and (2) approved a requirement that, in order to qualify for the City's assistance, an applicant must live or work in the City as of the date of Council's approval of this recommendation. The voting was as follows:

Pepper "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

24. Consideration of Change to the Conditions of the Purchase Agreement for Braddock Place to Allow the Use of Some First Floor Space for Office Use.

(A copy of the City Manager's memorandum dated June 18, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/25/96, and is incorporated herewith as part of this record by reference.)


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WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a vote of 6-to-1, City Council authorized the City Manager to sign the agreement to permit the use of ground floor space for non-office use. The voting was as follows:

Pepper "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "no"
Speck "aye"

25. Receipt of the FY 1995 Affirmative Action Utilization Analysis and Applicant Tracking System Report. [#20 6/11/96]

(A copy of the City Manager's memorandum dated June 20, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council received the Report. During the month of April the report was distributed to the Human Rights Commission, the Commission for Women, the Commission on Persons with Disabilities, the Commission on Aging, employee group representatives, and the City's Affirmative Action/Equal Employment Opportunity Advisory Committee, for review and comment. The voting was as follows:

Pepper "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
26. SPECIAL USE PERMIT #96-0088 -- 207 SOUTH PEYTON STREET --Public Hearing and Consideration of a request for a special use permit to operate a private school; zoned OCH/Office Commercial High. Applicant: St. Coletta's School, by Cyril D. Calley, attorney. (#39 6/15/96)
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/25/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hurst's letter dated June 20, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, a motion was made by Councilman Euille, seconded by Council Member Walker to approve the Planning Commission recommendation.

THEREUPON, a substitute motion was made by Council Member Rich, seconded by Vice Mayor Pepper to support the staff recommendation and deny this application; which motion FAILED on a vote of 3-to-4. The voting was as follows:

Rich "aye" Cleveland "aye"
Pepper "aye" Euille "no"
Donley "no" Speck "no"
Walker "no"


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WHEREUPON, Council returned to the main motion made by Councilman Euille, seconded by Council Member Walker and carried on a vote of 4-to-3, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Euille "aye" Pepper "no"
Walker "aye" Cleveland "no"
Donley "aye" Rich "no"
Speck "aye"

27. SPECIAL USE PERMIT #96-0091 -- 3601 JEFFERSON DAVIS HIGHWAY -- POTOMAC YARD -- Public Hearing and Consideration of a request for a special use permit to install an overhead-to-underground electric transmission facility; zoned CDD-10/Coordinated Development District, Potomac Yard/Greens. Applicant: Virginia Electric and Power Company (VEPCO), by Jonathan P. Rak, attorney. (#60 6/15/96)
COMMISSION ACTION: Recommend Approval 5-1

(A copy of the Planning Commission report dated June 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/25/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated June 19, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 6/25/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Heinemeyer's letter dated May 14, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 27; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, a motion was made by Councilman Euille, seconded by Vice Mayor Pepper to approve the Planning Commission recommendation.







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THEREUPON, a motion was made by Council Member Walker, seconded by Councilman Cleveland to substitute the main motion which motion carried on a vote of 6-to-1. The voting was as follows:

Walker "aye" Pepper "no"
Cleveland "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

WHEREUPON, Council moved to the new main motion made by Council Member Walker, seconded by Councilman Cleveland and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and a new Condition #5 that would be a 15-year expiration [for removal of the terminal facility] and a new Condition #6 that would require the applicant to come back in the fall for an amendment to the Sunset Drive special use permit. The voting was as follows:

Walker "aye" Pepper "no"
Cleveland "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilman Cleveland complimented and was very grateful for the staff of the Alexandria Hospital Emergency Room for comforting his wife.

(b) Councilman Speck pointed out that in the Washington Business Journal, its headline concerning bankruptcies is misleading. Assistant City Manager Brannan was requested to contact them.
(c) Council Member Walker spoke to attending the graduation ceremony for the Women's Empowerment Program at the Alexandria Detention Center.

(d) Council Member Rich spoke to spending Sunday afternoon on the Mall at the end of the 250 mile trek by bicyclists for the fight against AIDS. They raised 4.5 million dollars. He thanked those Alexandrians who participated. His wife's business partner participated.

(e) Mayor Donley expressed a visitor's appreciation to Councilman Cleveland for giving the folks a ride from RT's restaurant when they were unable to get a cab back to Old Town.

ORDINANCES AND RESOLUTIONS

28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize the sale of City land at 3701, 3965 and 4001 Eisenhower Avenue to WMATA, reserving a perpetual surface easement to the City for park use. (#12 6/15/96) [ROLL-CALL VOTE]

It was noted that Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, was available to answer questions.







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

Walker "aye" Cleveland "aye"
Pepper "aye" Euille out of room
Donley "aye" Rich "aye"
Speck "aye"

The substitute ordinance finally passed reads as follows:
ORDINANCE NO. 3877
AN ORDINANCE approving and authorizing the sale of a 35-foot wide strip of the property owned by the City of Alexandria, located at 3701, 3965 and 4001 Eisenhower Avenue, in the City of Alexandria, Virginia, to the Washington Metropolitan Area Transit Authority.

WHEREAS, the City of Alexandria owns the real property located at 3701, 3965 and 4001 Eisenhower Avenue in Alexandria, Virginia; and

WHEREAS, the sale of a 35-foot wide strip of this property by the city has been submitted to and approved by the planning commission on June 4, 1996; and

WHEREAS, the city manager has recommended the sale of this strip of property for $19,000 to the Washington Metropolitan Area Transit Authority (WMATA), reserving to the city a perpetual surface easement for park use; and

WHEREAS, the city council is of the opinion that the city no longer needs the fee ownership of this strip of property, and that its disposition, according to the terms and conditions of this ordinance, is in the public interest; and

WHEREAS, the Washington Metropolitan Area Transit Authority has agreed to acquire this strip of property, at the price and under the terms and conditions set forth below, the price to be paid by the abutting land owner, the Dolben Company, in consideration of the extinguishment of a WMATA easement across said company's land, and in accordance with the letter to the Honorable Kerry Donley, Mayor, and Members of City Council, dated March 15, 1996, and attached hereto and incorporated herein; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sale of the real property described below to the Washington Metropolitan Area Transit Authority, for $19,000, retaining to the city a perpetual surface easement for park use, to the satisfaction of the city attorney, be, and the same hereby is, approved and authorized:

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 this ordinance, including, but not limited to, the execution and delivery of a deed and other appropriate documents.



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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.

Attachments: March 15, 1996, letter to Mayor and Members of Council from Dolben Company

Introduction: 6/15/96
First Reading: 6/15/96
Publication: 6/19/96; 6/20/96
Public Hearing: 6/25/96
Second Reading: 6/25/96
Final Passage: 6/25/96







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HART & CALLEY
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELLORS AT LAW
307 NORTH WASHINGTON STREET
ALEXANDRIA, VIRGINIA 22314-2557

(703) 836-5757
FAX (703) 548-5443

March 15, 1996





The Honorable Kerry Donley, Mayor
and Members of City Council
City Hall
Alexandria, VA 22314
Re: Washington Metropolitan Transit Authority ("WMATA")
Easement through Cameron Run Regional Park

Dear Mayor Donley and Members of City Council:

The following are the conditions agreeable to the developer for the grant of an easement on City of Alexandria property leased to the Northern Virginia Regional Park Authority ("NVRPA"):







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The Honorable Kerry Donley, Mayor
and Members of City Council
March 15, 1996
Page 2




The developer does not an offer of payment to the City for the purchase of the easement since the easement will be used exclusively either by an agency of local area jurisdictions (WMATA) or by the public under the NVRPA which consists of six Northern Virginia jurisdictions. The developer is making a $100,000 cash contribution to NVRPA to be used outside of the easement area for improvements at Cameron Park. If NVRPA were to make those improvements without our contribution the city's participating share would be approximately 30%. The City benefit therefore from our contribution is approximately $30,000. It is our belief that the City is sufficiently compensated.

Ignacio Pessoa has informed me that the easement can only be granted for five years under this procedure. I respectfully request that the appropriate procedure be implemented immediately to provide a permanent easement in favor of WMATA under the above terms. If I may do anything to assist in such a procedure please have the appropriate person contact me.
Very truly yours,
Cyril D. Calley
CDC/ach
xc: Vola Lawson, City Manager
Thomas F. O'Kane, Jr., Director
Transportation & Environmental Services
Sheldon Lynn, Director
Planning & Zoning
Philip G. Sunderland, City Attorney
David C. Hobson, Executive Director
Northern Virginia Regional Park Authority










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29. Public Hearing, Second reading and Final Passage of AN ORDINANCE to authorize the conveyance of a strip of City land at the intersection of Queen and North Columbus Streets to the Alexandria Monthly Meeting of the Society of Friends, in exchange for a 30-year extension of the Barrett Library land lease. (#14 6/15/96) [ROLL-CALL VOTE]

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

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

Pepper "aye" Cleveland "aye"
Walker "aye" Euille out of room
Donley "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3878

AN ORDINANCE approving and authorizing the conveyance of property owned by the City of Alexandria, located at 721 Queen Street, 307 North Columbus Street and 309 North Columbus in the City of Alexandria, Virginia, to the Trustees of the Alexandria Monthly Meeting of the Society of Friends.

WHEREAS, the City of Alexandria owns the real property located at 721 Queen Street, 307 North Columbus Street and 309 North Columbus Street; and

WHEREAS, the conveyance of this property has been submitted to and approved by the planning commission on June 4, 1996; and

WHEREAS, the city manager has recommended the conveyance of this property to the Trustees of the Alexandria Monthly Meeting of the Society of Friends, in exchange for an amendment to the ground lease for the Barrett Library site, acceptable in form to the city attorney, extending the term of said lease for an additional 30 years to 2066 and including this property in the city's leasehold; and

WHEREAS, the city council is of the opinion that the exchange of this property for a 30 year extension of the city leasehold interest in the Barrett Library site, to expire in 2066, rather than 2036, will secure for the residents of the city the continued ability to use this site for public library purposes, and to amortize fully the cost of the new Barrett Library and is in the public interest; and

WHEREAS, the Trustees of the Alexandria Monthly meeting of the Society of Friends have agreed to this exchange; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the conveyance of the real property described below to the Trustees of the Alexandria Monthly Meeting of the Society of Friends, subject to the execution of an amendment to the ground lease for the Barrett Library site, acceptable in form to the city attorney, extending the term of said lease for an additional 30 years to 2066 and including the described property in the city's leasehold, be, and the same hereby is, approved and authorized:
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Section 2. That the said conveyance shall be subject to the reservation by the city of easements for all public and/or private utilities, including sanitary sewers, existing within the said property.

Section 3. That the city manager be and hereby is authorized on behalf of the City of Alexandria to do all things necessary and desirable to carry out the conveyance of the real property described in section 1 in accordance with the terms and conditions of this ordinance, including, but not limited to, the execution and delivery of a deed for the said real property, and the negotiation and execution of an extension and appropriate amendments to the land lease for the Barrett Library site, and other appropriate documents.

Section 4. 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 3, and to affix thereon the official seal of the City of Alexandria, Virginia.

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

Introduction: 6/15/96
First Reading: 6/15/96
Publication: 6/19/96; 6/20/96
Public Hearing: 6/25/96
Second Reading: 6/25/96
Final Passage: 6/25/96



30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the 1992 Master Plan in the following manner: (i) by amending the King Street/Eisenhower Avenue Small Area Plan to change the land use designation of the property at 2425 Mill Road, 2000 Eisenhower Avenue and Hooffs' Run Drive (Hoffman site) to CDD-2/Coordinated Development District-Eisenhower Avenue, and to decrease the proportion of residential use required within the CDD; (ii) by amending the Landmark/Van Dorn Small Area Plan to change the land use designation of the property at 5001 Eisenhower Avenue (Tauber site) to OCM-100/Office Commercial Medium; and (iii) by amending the Southwest Quadrant Small Area Plan to change the land use designation of the property at Duke and Henry Streets (Norfolk Southern site) to RH/Residential High. (#49 6/11/96) [ROLL-CALL VOTE]


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It was noted that Barbara P. Beach, 416 Prince Street, attorney representing LNT Associates, was present to answer questions.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Euille out of room
Cleveland "aye" Rich out of room
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3879

AN ORDINANCE to amend and reordain the Landmark/van Dorn, King Street/Eisenhower Avenue and Southwest Quadrant Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendments to such small area plan chapters heretofore approved by city council as Master Plan Amendment Nos. 96-001, 96-003 and 96-004 and no other amendments, and to repeal all provisions of such small area plan chapters as may be inconsistent with the said amendments.

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

1. In Master Plan Amendment No. 96-001, an application has been made to amend the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the property at the rear of 5001 Eisenhower Avenue (Tauber site) from UT/Utilities and Transportation to OCM(100)/Office Commercial Medium (100);

2. In Master Plan Amendment No. 96-003, an application has been made to amend the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation of the property at 2425 Mill Road, 2000 Eisenhower and 300-315 Hooff's Run Drive from OCH/Office Commercial High and CDD-1/Coordinated Development District-Duke Street to CDD-2/Coordinated Development District-Eisenhower Avenue, and to change the CDD-2/Coordinated Development District-Eisenhower Avenue guidelines to decrease the proportion of residential use required with a CDD special use permit;

3. In Master Plan Amendment No. 96-004, an application has been made to amend the Southwest Quadrant Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation of a portion of the property at the southwest corner of Duke and Henry Streets (Norfolk Southern site) from RM/Residential Medium to RH/Residential High, and to increase the height over the same portion of the property from 45 feet to 60 feet, plus an additional 20 feet for a limited number of rooftop architectural features;

4. The said amendments have heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing; and







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

Section 1. That the Land Use Plan Map of the Landmark/ Van Dorn Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby is, amended to change the land use designation of the property to the rear of 5001 Eisenhower Avenue (Tauber site), as shown on Exhibit A ("MPA # 96-0001"), attached hereto and incorporated herein fully by reference, from UT/Utilities and Transportation to OCM (100) /Office Commercial Medium (100).

Section 2. That the Land Use Plan Map of the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby is, amended to change the land use designation of the property at 2425 Mill Road, 2000 Eisenhower Avenue and 300-315 Hooff's Run Drive (Hoffman site), as shown on Exhibit B ("MPA # 96-0003"), from OCH/Office Commercial High and CDD-1/ Coordinated Development District-Duke Street to CDD-2/Coordinated Development District-Eisenhower.

Section 3. That the guidelines for development with a CDD special use permit within CDD-2/Coordinated Development District-Eisenhower Avenue of the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby are, amended in accordance with the language attached as Exhibit C.

Section 4. That the Land Use Plan Map of the Southwest Quadrant Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby is, amended to change the land use designation of the property at the southwest corner of Duke and Henry Streets (Norfolk Southern site), as shown on Exhibit D ("MPA # 96-0004"), for the portion of the parcel west of Payne Street only, from RM/Residential Medium to RH/Residential High.

Section 5. That the height map of the Southwest Quadrant Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby is, amended to change the permitted height of the property at the southwest corner of Duke and Henry Streets (Norfolk Southern site), as shown on Exhibit D ("MPA # 96-0004"), for the portion of the property west of Payne Street only from 45 feet to 60 feet, with up an additional 20 feet for a limited number of rooftop architectural features.

Section 6. That the director of planning and zoning be, and he hereby is, directed to record the master plan map amendments set out in Sections 1 through 5 as part of the Landmark/Van Dorn, King Street/Eisenhower Avenue and Southwest Quadrant Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 7. That the Landmark/Van Dorn, King Street/ Eisenhower Avenue and Southwest Quadrant Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, as amended by this ordinance, be, and the same hereby are, reordained as part of the 1992 Master Plan of the City of Alexandria, Virginia, and all provisions inconsistent herewith are repealed.







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Section 8. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.

Section 9. That this ordinance shall become effective upon the date and at the time of its final passage.

Attachment: Master Plan Sketch Plans

Introduction: 6/15/96
First Reading: 6/15/96
Publication: 6/19/96; 6/20/96
Public Hearing: 6/25/96
Second Reading: 6/25/96
Final Passage: 6/25/96







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29




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Exhibit C


MPA 96-03








[bold/underline indicates new text]


Optional Development With a CDD Special Use Permit

Coordinated Development shall occur subject to the following guidelines:

Land Use

1. that there be a mix of uses in the area including office, residential, and retail along with active and passive recreation opportunities, and day care centers.

2. the project shall provide adequate active and passive recreational facilities.

3. the project shall appropriately provide for bicycle lanes and trails in coordination with existing bicycle lanes and trails.

Design

4. that the area include a variety of architecture and building heights, which are in general conformance with the height guidelines for the area.

5. that building heights shall not exceed 200 feet in height except for one building which may be permitted to reach 225 feet in height, provided that the average building height within the CDD shall not exceed 150 feet.

6. that areas adjacent to physical barriers such as railroad tracks and highways be landscaped or buffered.







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6a. that parcels located adjacent to the Carlyle proiect be designed and developed in a manner consistent with the approved Carlyle development plan.

7. that the maximum Floor Area Ratio not exceed 2.5, that in no event may the floor area, in any project which is placed in non-residential use, exceed 85% of the project's total floor area; that hotel uses be considered residential uses.

Height and Density Bonuses

8. Projects within 1000 feet of Metro shall also be considered for height and density bonuses if combined with a meaningful affordable housing program approved by the City Council. The affordable housing program must be on-site with an equivalent value of no less than $1.05 [adjusted for inflation] per net square foot of total development, including commercial. The contribution from commercial development may be used for either on-site or off-site housing at the discretion of the Council. Height with bonuses shall not exceed 250 feet for a signature building with an overall average of 200 feet for the entire project. Density with bonuses shall not exceed 3.75 FAR overall, with a minimum of 2.75 for the residential component.







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32a
31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City of Alexandria Zoning Map in the following manner: (i) by changing the zoning designation of the property at 2425 Mill Road, 2000 Eisenhower Avenue and Hooffs' Run Drive (Hoffman site) to CDD-2/Coordinated Development District-Eisenhower Avenue; (ii) by changing the zoning designation of the property at 5001 Eisenhower Avenue (Tauber site) to OCM-100/Office Commercial Medium, with proffer; and (iii) by changing the zoning designation of the property at Duke and Henry Streets (Norfolk Southern site) to CRMU-L/ Commercial-Residential Mixed Use, Low, with proffer. (#51 6/15/96) [ROLL-CALL VOTE]

It was noted that Barbara P. Beach, 416 Prince Street, attorney representing LNT Associates, was present to answer questions.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman 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" Euille out of room
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3880

AN ORDINANCE to amend and reordain the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning ordinance, by rezoning the property at 2425 Mill Road, 2000 Eisenhower Avenue and 300-315 Hooff's Run Drive (Hoffman site) from OCH/Office Commercial High and CDD-1/Coordinated Development District-Duke Street to CDD-2/Coordinated Development District-Eisenhower Avenue (RZ No. 96-004), by rezoning the property at the rear of 5001 Eisenhower Avenue (Tauber site) from UT/Utility and Transportation and OCH/Office Commercial High to OCM-100/Office Commercial Medium, with proffer (RZ No. 96-002), and by rezoning the property at the southwest corner of Duke and Henry Streets (Norfolk Southern site) from OC/Office Commercial, RA/Residential Multifamily and RB/Residential Townhouse to CRMU-L/Commercial-Residential Mixed Use-Low, with proffer (RZ No. 96-005), all in accordance with the said zoning map amendments heretofore approved by city council.

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

1. In RZ No. 96-004, an application has been made to amend the zoning of the property at 2425 Mill Road, 2000 Eisenhower Avenue and 300- 315 Hooff's Run Drive (Hoffman site) from OCH/Office Commercial High and CDD-1/Coordinated Development District-Duke Street to CDD-2/Coordinated Development District-Eisenhower Avenue;

2. In RZ No. 96-002, an application has been made to amend the zoning of the property at the rear of 5001 Eisenhower Avenue (Tauber site) from UT/Utility and Transportation and OCH/Office Commercial High to OCM-100/Office Commercial Medium, with proffer;

3. In RZ No. 96-005, an application has been made to amend the zoning of the property at the southwest corner of Duke and Henry Streets (Norfolk Southern site) from OC/Office Commercial, RA/Residential Multi-family and RB/Residential Townhouse to CRMU-L/Commercial-Residential Mixed Use-Low, with proffer;
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4. The said rezonings are in conformity with the 1992 Master Plan of the City of Alexandria, Virginia, as amended; and

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

Section 1. That Sheet No. 72. 00 and Sheet No. 79. 00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

Section 2. That Sheet Nos. 67.00, 68.00, and 69.00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

Section 3. That Sheet No. 74. 03 and Sheet No. 74. 04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

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Section 4. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendments on the "Official Zoning Map of Alexandria, Virginia."

Section 5. That Sheet Nos. 67.00, 68.00, 69.00, 72.00, 74.03, 74.04 and 79.00 of the "Official Zoning Map of Alexandria, Virginia," as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 6. That this ordinance shall become effective upon the date and at the time of its final passage.

Attachments: Rezoning Sketch Plans and Rezoning Plat

Introduction: 6/15/96
First Reading: 6/15/96
Publication: 6/19/96; 6/20/96
Public Hearing: 6/25/96
Second Reading: 6/25/96
Final Passage: 6/25/96







35



36

37


38
39
40
41
32 (a) Presentation of Viewer's Report for a Request for Vacation of a Public Street Right-of-way located at Wolfe Street between South Payne Street and the Carlyle site, and a Portion of South West Street South of Wolfe Street.

(A copy of the Viewer's Report dated June 22, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32 (a); 6/25/96, and is incorporated herewith as part of this record by reference.)

(b) Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate Wolfe Street between South Payne Street and the Carlyle site, and to vacate the portion of South West Street between Wolfe Street and Wilkes Street. (#55 6/15/96) [ROLL-CALL VOTE]

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried on a ROLL-CALL vote of 6-to-0, City Council (a) received the Viewer's Report and (b) finally passed the ordinance upon its Second Reading. The voting was as follows:

Cleveland "aye" Pepper "aye"
Rich "aye" Euille out of room
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3881

AN ORDINANCE to vacate a 21,202 square foot portion of the public right-of -way of South Payne Street, a 40,889 square foot portion of the public right-of-way of Wolfe Street, and an 11,179 square foot portion of the public right-of-way of South West Street, all said portions of rights-of-way lying south of Duke Street in the City of Alexandria, Virginia.

WHEREAS, Eakin Youngentob Associates, Inc. ("Applicant"), the contract purchaser for the Norfolk Southern Corporation property in the vicinity of Duke and Henry Streets in the City of Alexandria has applied for the vacation of portions of the public rights-of-way of South Payne Street, Wolfe Street and South West Street, all located south of Duke Street and within the property that the Applicant is under contract to purchase; and

WHEREAS, the portions of the public rights-of-way to be vacated by this ordinance are shown on three plats prepared by Bowman Consulting Group and dated March 27, 1996 and April 26, 1996 ("Plats") (attached hereto); and

WHEREAS, the vacation of the portions of the public rights-of-way to be vacated by this ordinance have been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

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

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

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WHEREAS, in return for the vacation of the portion of South Payne Street shown on the Plats, the Applicant is being required to convey to the City of Alexandria a 50-foot wide section of approximately 18,573.5 square feet of the right-of-way of Wolfe Street, running west of South West Street to the Carlyle site, and the Applicant has consented to do so; and

WHEREAS, the city's real estate assessor has determined that the fair market value of the portions of Wolfe and South West Streets to be vacated by this ordinance is $500.00; and

WHEREAS, pursuant to 15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that the portions of Wolfe and South West Streets to be vacated by this ordinance be purchased by the Applicant for $500.00, and the Applicant has consented to pay such sum; and

WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and the above requirements, the Council of the City of Alexandria has concluded that the portions of the public rights-of-way of South Payne Street, Wolfe Street and South West Street as shown on the Plats are no longer needed for public use, and that it is in the public interest that they be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the portions of the public rights-of-way of South Payne Street, Wolfe Street and South West Street, that are shown on the Plats as being vacated, be, and the same hereby are, vacated.

Section 2. That the vacation of the portions of Wolfe Street and South West Street that are shown on the Plats as being vacated is subject to the Applicant complying with the requirement that it pay the City of Alexandria the sum of $500.00.

Section 3. That the vacation of the portion of the public right-of-way of South Payne Street that is shown on the Plats as being vacated is subject to the Applicant complying with the requirement that it convey to the City of Alexandria, in a manner acceptable to the city attorney, a 50-foot wide section of approximately 18,573.5 square feet of the right-of-way of Wolfe Street, running west of South West Street to the Carlyle site.

Section 4. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received the payment referenced in Section 2 and the city has received a deed making the conveyance referenced in Section 3, and the receipt of such payment and deed are acknowledged by the city clerk as demonstrated by her certification of the ordinance pursuant to Section 7.

Section 5. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 6. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.







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Section 7. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the requirements set out in Sections 2 and 3 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the requirements set out in Sections 2 and 3 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of EAKIN YOUNGENTOB, and such recordation shall be done by the Applicant at his own expense.

Attachment: Vacation Plats

Introduction: 6/15/96
First Reading: 6/15/96
Publication: 6/19/96; 6/20/96
Public Hearing: 6/25/96
Second Reading: 6/25/96
Final Passage: 6/25/96







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33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the process for reviewing proposed increases in cable television rates which are filed just before or during council's summer recess, by authorizing the city manager to issue tolling orders which extend the time in which the council may act on the rate proposals. (#61 6/15/96) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/25/96, and is incorporated herewith as part of this record by reference.)

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

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

Pepper "aye" Cleveland "aye"
Rich "aye" Euille out of room
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3882

AN ORDINANCE to amend and reordain Sections 9-3-208, 9-2-209 and 9-2-210, all of Chapter 3 (ALEXANDRIA CABLE COMMUNICATIONS CODE), Title 9 (LICENSING AND REGULATIONS) of The Code of the City of Alexandria, 1981, as amended.

Section 1. That Section 9-3-208 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 9-3-208 Filing and review of rates and charges.

(1) If a franchisee is notified by the city that its basic service and equipment rates and charges are subject to regulation, it shall file a submission ("rate filing") within 30 days of the notification, justifying its then-existing basic service and equipment rates and charges. All such rates and charges, for all customer classifications, shall be justified. Once a franchisee has been notified by the city that its basic service and equipment rates and charges are subject to regulation, it may not thereafter increase any such rates or charges without the prior approval of the city. This prohibition applies in all cases, including rate and charge increases announced but not implemented prior to the date of the city notice informing the franchisee that its rates and charges are subject to regulation. In addition to its initial rate filing, franchisee shall file a rate filing for any increase in basic service or equipment rates and charges, and for any new basic service or equipment rate or charge (collectively, a "rate increase") . An "increase" occurs when there is an increase in rates or charges, or a decrease in program or customer services without a corresponding decrease in rates or charges. Rate filings proposing a rate or charge increase shall be filed at least 30 days in advance of the proposed effective date of the increase. This requirement does not alter or eliminate any other notice requirement.


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(2) Every rate filing shall be filed with the city's office of citizen assistance, and shall be considered filed on the date that the original and three copies of the filing (including all supporting materials) are received by that office. Information that the franchisee claims is proprietary under section 9-3-213 must be clearly identified and segregated from the remainder of the filing so that the city may determine the manner in which it was used by the franchisee in setting rates.

(3) Subject to any FCC rules governing the burden of proof, a rate filing submitted by a franchisee shall demonstrate that the rates and charges being proposed for basic service and equipment are reasonable. Except as inconsistent with FCC rules:

(i) The rate filing shall state in a cover letter whether it addresses the existing rates and charges of the franchisee or a proposed increase in the franchisee's rates and charges, and shall contain a brief, narrative description of the existing or the proposed increase in rates and charges. The letter shall also identify any rate that is based, in whole or in part, upon cost of service, and identify any pages of the rate filing that contain information that the franchisee claims is proprietary. If the filing proposes an increase in rates or charges, the cover letter shall also state whether any part of the proposed increase is based on an inflation adjustment or an increase in external costs.

(ii) The pages of the rate filing shall be numbered sequentially.

(iii) The rate filing shall contain all applicable FCC forms which shall be correctly completed.

(iv) If the rate filing proposes, for different classes of customers, different rates or charges for basic service, it shall demonstrate that the classifications of customers and the differences in rates or charges are reasonable and consistent with federal law.

(i) If a franchisee seeks to support a rate or charge based upon the cost of providing cable service, the city will establish a rate that provides the franchisee an opportunity to recover the reasonable costs associated with providing basic cable service, including a reasonable profit. An expense or investment shall not be presumed to be reasonable merely because the franchisee has incurred or made it.

(ii) If a franchisee seeks to justify all or any part of its rates or charges based upon the cost of providing cable service, then, in addition to information the city requires the franchisee to provide, and unless the city grants a waiver of this provision, the franchisee shall also submit a complete cost of service analysis that shows all expenses it incurs and all revenues derived from its cable system, directly or indirectly, by the franchisee or any person that constitutes a cable operator of the system within the meaning of the Cable Act, 47 U.S. C. 522 (5) . This cost of service analysis shall identify the accounting level (as that term is used in the FCC regulations) at which each expense or revenue identified was aggregated, and shall show how the expense or revenue was allocated. The franchisee may not include costs at an accounting level unless it also includes the revenues from that same level that are attributable to the system or to a group of systems of which the system serving the city is a part. The cost of service analysis shall also identify the replacement cost of a comparable cable system and contain a justification for the identified figure. Further, the analysis shall identify the name and address of any person with which the franchisee has a contract, other than a programmer, and which derives revenues from the system, and shall state

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whether and how the revenues and costs of that person are included in the analysis. In addition, the analysis shall show the rate that is being proposed by the franchisee for each channel on the system and, for each such rate, the derivation of the rate and the application of the rate to yield a basic service rate. The analysis shall also show, for each of the items listed below, the manner in which the item was used in the derivation of the basic service rate:

(C) programming expenses (identifying retransmission consent costs and copyright fees separately);

(D) costs for public, educational and governmental access channel programming;

(F) investment in the system and associated depreciation;

(G) other expenses, including federal, state and local taxes, itemized; and

(H) the proposed return on equity and the actual interest expense paid by the franchisee.

(iii) Notwithstanding the foregoing, a franchisee seeking to base its rates and charges upon the cost of providing cable service is not required to submit the cost of service analysis described in subsubsubsection (ii) of this section for equipment rates, and instead may complete, submit and support the costs of equipment using applicable FCC forms and presenting any other information the city deems necessary or appropriate, consistent with FCC regulations. The cost of service analysis submitted to justify basic service rates must show that it does not include equipment costs.

(1) After receiving a rate filing, the office of citizen assistance shall publish a notice in a newspaper having general circulation in the city that the filing has been received and that, except for those parts which may be withheld as proprietary, it is available for public review. The notice shall state that interested parties may comment on the filing, and shall provide such parties at least ten calendar days from the date of the notice to submit written comments on the filing to the office. The office shall submit any comments it has received, along with the city manager's recommendations on the filing to the city council, and shall provide a copy of those comments and recommendations to the franchisee at least ten calendar days before the consideration of the filing by council. The franchisee may submit a response to the comments and recommendations no later than four calendar days before the date scheduled for consideration of the filing by council. The response shall be filed with the office of citizen assistance and, if submitted in a timely fashion, shall be forwarded to the council.

(2) After conducting a public hearing on the filing and within 30 days of the date of the rate filing, the city council shall issue a written order, which may be in any lawful form, approving the rates and charges proposed in the filing in whole or in part, denying the rates and charges in whole or in part, or tolling the rates and charges in whole or part; provided, that, with respect to rate filings made between May 25 and August 15 that the council does not act upon within this 30-day period, the city manager is authorized to issue an order within the period that tolls the rates and charges.
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If the council or the manager issues an order tolling the rates and charges, the order shall explain that additional time is required to review the rate filing, shall identify any deficiencies in the franchisee's filing then known to the council or manager, and shall state that the franchisee may cure the deficiencies by submitting a supplemental filing as provided in subsection (c) of this section. With respect to a filing that addresses franchisee's existing rates and charges, tolling means that the rates and charges may remain in effect, subject to refund. With respect to a filing that proposes an increase in rates and charges, tolling means that the increase, or the portion thereof, that is tolled may not go into effect. If the council or manager issues an order allowing the rates to go into effect subject to refund, the franchisee shall thereafter maintain an accounting in accordance with 47 C.F.R. 76.933.

(1) If the city council or the city manager tolls a rate filing in whole or in part, the franchisee shall file a supplemental filing within 20 days from the date the tolling order issues, containing corrections, if any, to its filing (including any required supplement to its cost of service analysis) and containing, at the option of the franchisee, a response to information and comments presented by interested parties or to the recommendations of the office of citizen assistance, or any additional information necessary to support the filing. A supplemental filing shall be filed in accordance with section 9-3-208(a)(2).

(2) A supplemental filing shall also contain such information, reasonably related to the issues addressed by the filing, as the city directs the franchisee to provide.

(3) In addition to information the city requires the franchisee to provide, unless the city grants a waiver of this provision, and except to the extent inconsistent with FCC rules, a franchisee seeking approval of a rate based, in whole or in part, upon the adjustments for inflation and external costs contemplated by 47 C.F.R. 76. 922 (d) (1) - (2) shall submit, as part of its supplemental filing, the following:

(i) as to the adjustment for inflation, a statement relating it to the rates and charges for which the franchisee is seeking approval, and a calculation showing how the adjustment was made;

(ii) as to the adjustment for external costs, a statement relating it to the rates and charges for which the franchisee is seeking approval, and a calculation showing how the adjustment was made;

(iii) as to each external cost (as defined by FCC rules) for which the franchisee seeks an adjustment, a statement describing the make-up of the cost, and the amount of the cost for the two calendar years prior to the year in which the supplemental filing is made and for the portion of such year prior to the date of the filing, and the projected amount of the cost for the remainder of such year and for the following calendar year;

(iv) if the filing seeks approval of rates and charges based, at least in part, upon one or more increases in programming service costs, the contract for each programming service whose cost has increased, a sworn statement identifying each programming service whose costs increased where the programmer is an affiliate of the franchisee (as defined by FCC regulations), the contract for each programming service whose cost has decreased over the two calendar years prior to the year in which the supplemental filing is made, and, for any contract for programming services that has been in effect less than 12 months, the prior contract for the services; and
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(v) a sworn statement by the franchisee's chief financial officer or an independent, certified accountant that:

(A) states that the individual has examined all of the franchisee's external costs (including all programming costs) for the two years immediately prior to the supplemental filing and has offset against the claimed increase in those costs both the amount of any decreases in external costs incurred during such period and the amount by which the increase in external costs (net of such decreases) was below the Gross National Produce Fixed Weight Price Index (GNP-PI), as required by 47 C.F.R. 76.922(d)(2);

(B) affirms that the franchisee is only seeking to recover external costs to the extent that such costs exceed the GNP-PI; and

(C) affirms that the franchisee has not attempted to recover any increase in the cost of programming purchased by an affiliate, except as authorized in 47 C.F.R. 76.922 (d) (2) (vi) .

(4) Upon receipt of a supplemental filing, the office of citizen assistance shall promptly publish a notice in a newspaper with general circulation in the city that the filing has been received and that it is available for public review, except those parts which may be withheld as proprietary. The notice shall state that interested parties may comment on the filing, and shall provide interested parties twenty days to submit written comments on the filing to the office. The office shall submit the comments it receives, along with its recommendations on the filing to the city council, and shall provide a copy of those comments and recommendations to the franchisee at least twenty business days before the consideration of the filing by council. The franchisee may submit a response to the comments and recommendations no later than ten business days before the date scheduled for the council consideration of the filing. The response shall be filed with the office of citizen assistance and, if timely, shall be forwarded to the council.

(5) After conducting a public hearing on the supplemental filing, the city council shall, within the periods identified in subsubsection (6), issue a written order, which may be in any lawful form, approving the proposed rate in whole or in part, or denying the proposed rate in whole or in part.

(6) The order specified in subsubsection (5) shall be issued within 90 days after the tolling order for any rate the franchisee justifies based on the benchmark rates set out in the FCC regulations. The order shall be issued within 150 days of the tolling order for any rate the franchisee justifies on the basis of a cost of service analysis. If an order is not issued within the applicable time period, the proposed rate shall go into effect upon the expiration of that period. However, any such rate increase shall be refunded to subscribers in the event the council later denies all or part of the increase, so long as before the expiration of the period the council has issued an order, in accordance with 47 C.F.R. 76.933, requiring the franchisee to keep an accurate accounting of all amounts received by reason of the rate increase and of the persons on whose behalf such amounts were paid.

Section 2. That Section 9-3-209 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 9-3-209 Provisions generally applicable to rate orders.

(a) Any rate order of the city council shall be effective upon the date and upon such terms and conditions as specified by the council. A rate order shall be released to the public and the franchisee. In any case where the council approves or denies a rate or charge, where the council or
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the city manager tolls a rate or charge, or where the council orders that a rate or charge may go into effect subject to refund, orders refunds or establishes a rate or charge, a public notice shall be published in a newspaper with general circulation in the city stating that the order has been issued and is available for review in the office of citizen assistance. Any such order shall be in writing, and explain the basis for the city's decision.

(b) Except as prohibited by federal law, the city council may, as part of a rate order, impose terms and conditions on a franchisee that, it concludes, reasonably advance the public interest. Any order establishing rates or charges other than those proposed by the franchisee shall explain why the franchisee's proposed rates or charges were unreasonable and why the rates and charges established by the order are reasonable. In no event may an order establishing rates or charges other than those proposed by the franchisee or requiring a franchisee to make refunds to subscribers be issued by the city council unless and until the franchisee has been given notice of, and an opportunity to comment upon, the order.

Section 3. That Section 9-3-210 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 9-3-210 Obligations of franchisee.

(a) A franchisee shall implement remedial requirements, including refunds and prospective rate reductions, within 60 days of the date on which the city council issues the order imposing the requirements.

(b) Within 90 days of the date on which an order mandating a remedy is issued, a franchisee must file a certification, signed by an authorized representative, stating:

(1) whether the franchisee has complied with all provisions of the council order;

(2) describing the measures taken to implement the council order; and

(3) showing how any refunds (including interest thereon) were calculated and distributed.

( (c) It is the franchisee's obligation to maintain books and records of account so that it can make proper refunds.

(d) It is the franchisee's obligation to submit as complete a rate filing as possible.

(e) Information requests.

(1) A franchisee and any other person having records showing revenues or expenses that are allocated to the franchisee's cable system in the city shall respond to requests for information from the administrator within reasonable deadlines established by the administrator. A franchisee is responsible for ensuring that such other entity responds to the city's requests.







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(2) Because federal law limits the time available to the city to provide an initial response to a rate filing, a franchisee shall be prepared to respond to a request for information from the administrator, made prior to the issuance of an order under section 9-3-208(b), within five days of the date it receives the request; provided, that a franchisee may decline to respond to such a request if it consents to the issuance of a tolling order by the council or the city manager, pursuant to section 9-3-208 (b) , and to providing the requested information as part of its supplemental filing pursuant to section 9-3-208(c). Information requests made under this section may include a request for information that the franchisee would be required to provide as part of a supplemental filing.

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

Introduction: 6/15/96
First Reading: 6/15/96
Publication: 6/19/96; 6/20/96
Public Hearing: 6/25/96
Second Reading: 6/25/96
Final Passage: 6/25/96



34. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE to adopt Supplement 48 of The Code of the City of Alexandria, Virginia, 1981, as amended. [ROLL-CALL VOTE]

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council introduced and passed the ordinance on First and Second Readings. The voting was as follows:

Cleveland "aye" Pepper "aye"
Walker "aye" Euille out of room
Donley "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3883

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. 48," are hereby adopted as and shall constitute "The Forty-Eighth 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 Forty-Eighth 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 September 17, 1995 and March 23, 1996, and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, as amended 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 adopted after June 25, 1992, which amends the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended; 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 September 17, 1995 and March 23, 1996, which is inadvertently omitted from or erroneously incorporated into The "Forty-Eighth 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 Forty-Eighth 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: 6/15/96
First Reading: 6/15/96
Publication: 6/19/96; 6/20/96
Public Hearing: 6/25/96
Second Reading: 6/25/96
Final Passage: 6/25/96







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35. Consideration of Balancing Resolution - FY 1996 Operating
Budget. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 18, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution which adjusts the various departmental accounts to projected final expenditure patterns and the approved FY 1996 revenue estimates to final revenues, as projected in the City's Financial Report for the period ending May 31, 1996. The voting was as follows:

Pepper "aye" Cleveland "aye"
Walker "aye" Euille out of room
Donley "aye" Rich "aye"
Speck "aye"

The resolution reads as follows:

WHEREAS, certain appropriation accounts of the City of Alexandria, Virginia, will be overexpanded due to budgeting practices and unanticipated expenditures; and

WHEREAS, it is the desire of the City Council to take the action necessary to transfer budget authority among City departments to adjust these accounts:
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

That the Director of Finance be and hereby is authorized to make the following appropriations transfers between the General Fund and Special Revenue Fund accounts designated and to adjust the revenue estimates in the sums indicated:

TRANSFER APPROPRIATIONS FROM:

125450 Non-Departmental - City Legal Expenses $150,000
103556 Non-Departmental - Contingent Reserves 416,672
125450 Non-Departmental - Miscellaneous Expenses 204,105
116574 Housing - Landlord Tenant Relations 2,176
751123 Housing - Operation Match 3,454
751156 Housing - Single Family Relocation 8,294
751057 Housing - Eviction Storage 13,488
751602 Housing - Transitional Apartment Program 14,951

TRANSFER APPROPRIATIONS TO:

106104 City Attorney $175,000
102103 18th Circuit Court 31,568
109108 City Clerk 3,342
121004 Historic Alexandria 41,810
103010 Office of Legislative Director 126,057
107201 Registrar of Voters Elections 68,000
103713 Transit Subsidies 125,000
110056 Transportation and Environmental Services 200,000
123356 Human Services - Housing Programs 2,176
751124 Human Services - Operation Match 3,454
751157 Human Services - Single Family Relocation 8,294
751058 Human Services - Eviction Storage 13,488
751603 Human Services - Transitional Apartment 14,951



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ADJUST REVENUE ESTIMATES TO REFLECT THE CURRENT PROJECTIONS AS
NOTED IN THE CITY'S FINANCIAL REPORT FOR THE PERIOD ENDING MAY
31, 1996:

General Property Taxes
Real Property Taxes $ (405,000)
Personal Property Taxes 3,973,000
Penalties and Interest 485,000

Other Local Taxes
Local Sales Taxes (362,000)
Utility Taxes 989,000
Business License Taxes 1,114,000
Motor Vehicle Licenses 12,000
Recordation 85,000
Transient Lodging Taxes (59,000)
Tobacco Taxes 82,000
Restaurant Meals Taxes (17,000)
Other Local Taxes 288,500

Intergovernmental Revenues 1,112,000

Other Governmental Revenues
Fines and Forfeitures (127,000)
Licenses and Permits 305,000
Charges for City Services 227,000
Revenue from Use of Money and Property 1,304,000
Miscellaneous 408,000



36. Consideration of a Resolution to the Virginia Department of Transportation for Regional Surface Transportation Program Funds for Preliminary Engineering and Design of the Platform Extension and Additional Entrance at the King Street Metrorail Station. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council (1) adopted the resolution; (2) requested staff to forward it to the Virginia Department of Transportation; and (3) authorized staff to proceed with the planned capital improvement expenditure of these State grant monies. The voting was as follows:

Cleveland "aye" Pepper "aye"
Walker "aye" Euille out of room
Donley "aye" Rich "aye"
Speck "aye"

The resolution reads as follows:
RESOLUTION NO. 1797
KING STREET STATION PLATFORM EXTENSION PROJECT
PROJECT PROGRAMMING RESOLUTION

WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by City Council resolution be made in order that the Virginia Department of Transportation program a Regional Surface Transportation Project in the City of Alexandria;




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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Alexandria, Virginia, requests the Virginia Department of Transportation to establish a Regional Surface Transportation Project to perform preliminary engineering and design of the platform extension and additional entrance to the King Street Metrorail Station.

BE IT FURTHER RESOLVED, that the City Council of the City of Alexandria hereby agrees to pay its share of the total costs for the preliminary engineering and design of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Alexandria subsequently elects to cancel this project, the City of Alexandria hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation.



OTHER

(A copy of the City Manager's memorandum dated June 20, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council set the date for its fall retreat on Saturday, September 28, 1996, and scheduled a work session on the Woodrow Wilson Crossing for 7:30 p.m., July 16 or July 17. The voting was as follows:

Pepper "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

CONTESTED APPOINTMENTS

(The following persons volunteered for appointment to the above Committee:)

Susan Kurth

Rebecca Stapleton



(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 38; 6/25/96, 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 appointed Rebecca Stapleton as a Citizen-at-Large to the Alexandria-Caen Exchange Committee. The voting was as follows:

Donley - Stapleton
Pepper - Kurth
Cleveland - Kurth
Euille - Kurth
Rich - Stapleton
Speck - Stapleton
Walker - Stapleton



39. Alexandria Board of Architectural Review - Old and Historic District
(The following persons volunteered for appointment to the above Board:)

Vincent Carlin

Thomas Hulfish, III*

Valerie Keane

Mary Ann Ryan Sinnott

Peter Smeallie*

Wendy Snow



(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. 39; 6/25/96, 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 reappointed Thomas Hulfish, III and Peter Smeallie as Citizen Members to the Alexandria Board of Architectural Review - Old and Historic District. The voting was as follows:

Donley - Hulfish, Smeallie
Pepper - Hulfish, Smeallie
Cleveland - Hulfish, Smeallie
Euille - Hulfish, Smeallie
Rich - Hulfish, Smeallie
Speck - Hulfish, Smeallie
Walker - Sinnott, Smeallie







59

(The following persons volunteered for appointment to the above Commission:)

Thomas Adams

John Belshe'

Denis Borum

Laurence Breaker

Matthew Clementz

John Fehrenbach

Jonathan Gibson

Kathlyn Hoekstra

John Stoody

Lynn Vendinello


(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. 40; 6/25/96, 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 Thomas Adams, John Fehrenbach and John Stoody as Citizen Members to the Alexandria Environmental Policy Commission. The voting was as follows:

Donley Adams, Fehrenbach, Stoody
Pepper - Adams, Fehrenbach, Stoody
Cleveland - Adams, Fehrenbach, Stoody
Euille - Adams, Fehrenbach, Stoody
Rich - Adams, Belshe', Vendinello
Speck - Belshe', Fehrenbach, Stoody
Walker Belshe', Gibson, Vendinello



41. Alexandria George Washington Birthday Celebration Committee
(The following persons volunteered or were recommended for appointment to the above Committee:)

NAME ENDORSED BY:
William Hendrickson
Joseph Shumard Robert J. Klausing

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 41; 6/25/96, and is incorporated herewith as part of this record by reference.)


60

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed William Hendrickson as a Citizen Member to the Alexandria George Washington Birthday Celebration Committee. The voting was as follows:

Donley - Hendrickson
Pepper - Shumard
Cleveland - Hendrickson
Euille - Hendrickson
Rich - Hendrickson
Speck - Shumard
Walker - Shumard


Commission
(The following persons volunteered for appointment to the above Commission:)

Charles Ablard*

Emily Davies*

Kasha Laiks

Charles Trozzo*



(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. 42; 6/25/96, 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 reappointed Charles Ablard, Emily Davies and Charles Trozzo as Citizen Members to the Alexandria Historical Restoration and Preservation Commission. The voting was as follows:

Donley - Ablard,Davies,Trozzo
Pepper - Ablard,Davies,Trozzo
Cleveland - Ablard,Davies,Trozzo
Euille - Ablard,Davies,Trozzo
Rich - Ablard,Davies,Trozzo
Speck - Ablard,Davies,Trozzo
Walker - Ablard,Davies,Trozzo







61

(The following persons volunteered or were recommended for appointment to the above Authority:)

NAME ENDORSED BY:

James Beall

Alam Hammad

Stephen Kahn

Paul Leamon

Stephen Norwood

Gregory Schuckman

Charles Smith Scott C. Humphrey, Chairman
Industrial Development Authority



(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. 43; 6/25/96, 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 Charles Smith as a Citizen Member to the Alexandria Industrial Development Authority. The voting was as follows:

Donley - Smith
Pepper - Smith
Cleveland - Hammad
Euille - Smith
Rich - Norwood
Speck - Hammad
Walker - Smith

WHEREUPON, Council Member Rich moved to readvertise the vacancies for the Community Services Board in view of Council's discussion on June 15 for a broader representation; which motion DIED for lack of a second.







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(The following persons volunteered for appointment to the above Board:)

Susan Horne-Quatannens*

Michael Lavanga

Susan Riedinger

Jeanette Sites



(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. 44(b); 6/25/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a vote of 6-to-1, City Council reappointed Susan Horne-Quatannens and appointed Michael Lavanga, Susan Riedinger and Jeanette Sites as Citizen Members to the Alexandria Community Services Board. The voting was as follows:

Cleveland "aye" Pepper "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "no"
Speck "aye"

ORDINANCES AND RESOLUTIONS (continued)

46. Consideration of a Resolution setting the annual fee for City trash collection service, provided by the City under section 5-3-34 of the City Code, at $158 for each household served. [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated June 24, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 46; 6/25/96, and is incorporated herewith as part of this record by reference.)

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

Pepper "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"

The resolution reads as follows:

WHEREAS, under section 2.06 of the city charter, city council has the authority to establish fees to be charged for services provided by the city; and







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WHEREAS, under city code section 5-1-34 (a) as recently amended by Ordinance No. 3872, city council is required, from time to time, to set by resolution the annual fee that is to be paid by the owners of "required user property," as defined in section 5-1-2(12b) of the city code, for the city's collection and disposal of solid waste, ashes and yard debris from their properties during the fiscal year; and

WHEREAS, city council has determined that it is necessary and desirable to continue in force and effect the annual fee of $158 for such collection heretofore established by Resolution No. 1741, adopted May 3, 1995;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

1. That, until further action by city council, the annual charge for the collection and disposal of solid waste, ashes and yard debris from required user properties shall be $158 per household, with each single-family, two-family and row dwelling in the city, and each separate dwelling unit in a building or structure in the city that contains four or fewer dwelling units constituting a "household."

2. That the annual fee established by Section 1 above shall apply to collection and disposal services provided by the city during calendar year 1996 and, unless and until revised by city council, to said services provided during subsequent calendar years.

3. That this resolution shall be effective on the date and at the time of adoption.



THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, at 11:55 p.m., the Regular Meeting of Tuesday, June 25, 1996, was adjourned. The voting was as follows:

Pepper "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"


APPROVED BY:


---------------------------------------------------------
KERRY J. DONLEY 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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Date Entered: 01/06/1997 11:10:55 AM


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