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Regular Meeting
Tuesday, November 23, 1999 - - 7:30 p.m.


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Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, David G. Speck, and Lois L. Walker.

Absent: Council Member Lonnie C. Rich.

Also Present: Ms. Steele, Deputy City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Mrs. Godwin, Director of Management and Budget; Mr. Ransom, Special Assistant to the City Manager for Human Relations; Mr. Neckel, Director of Finance; Dr. Claiborne, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Boyd, Director of Citizen Assistance; Ms. Plemmer, Assistant City Manager; Mr. Caton, Legislative Director; Mr. Sudduth, Director of Personnel Services; Ms. Davis, Director of Housing; Mr. Jinks, Director of Financial and Information Technology Services; Mr. Ruller, Acting Director of Transportation and Environmental Services; Mr. Eiffert, Director of Agency on Aging; Fire Chief Hawkins; Ms. Sechrist, Urban Planner, Planning and Zoning; and Lieutenant Butler, Police Department.

Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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The City Council had a work session with the Community Services Board at 6:00 p.m. in the Council Workroom. The agenda was followed and there was discussion amongst the Council, the CSB and staff.

It was the consensus of Council to send a letter to the chair of the Governor's Commission on Community Services and In-Patient Care expressing concern about its recommendation which would impose on localities a maintenance-of-effort requirement, based on ability to pay, for the funding of their Community Services Board programs. Mayor Donley requested that this be included in the legislative package opposing any kind of formula.

It was the consensus of Council to send a letter to Senator Gartland and Delegate Hall supporting their efforts in creating an effective, efficient mental health, mental retardation and substance abuse service system.

The Guidelines for Service Enhancements were referred to the Healthy Community Committee, on which Vice Mayor Euille and Council Member Walker serve. A report will come back to Council.

Mayor Donley urged the Board to communicate with the citizen groups to remind them of its policy with respect to residential programs.


The work session was concluded at 7:25 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 herewith as part of the record.)
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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 except Council Member Rich.

The Invocation was pronounced by Lieutenant Robert Carolynn Webb, Commanding Officer of the Alexandria Salvation Army.

New Business Item No. 1: Mayor Donley recognized a contingent of Mayors from the Philippines.
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3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the Minutes of the Regular Meeting of November 9, 1999, as submitted. The voting was as follows:

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

4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council received the Report of the City Clerk dated November 16, 1999, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/23/99, and is incorporated herewith as part of this record by reference. The voting was as follows:

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

5. Brief Musical Performance by Transportation and Environmental Services Employee Rudy Turner.

Transportation and Environmental Services Employee Rudy Turner provided a brief musical performance on the guitar.

6. Presentation of Proclamation Proclaiming Thursday, November 25, 1999, as Turkey Trot Day in the City of Alexandria.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 11/23/99, and is incorporated herewith as part of this record by reference.)

Councilwoman Pepper presented the proclamation.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:

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

7. Presentation of Proclamation Proclaiming December 4, 1999, as Scottish Christmas Walk Day in the City of Alexandria.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 11/23/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley presented the proclamation.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (8-12)

8. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:

(a) Alexandria Commission for the Arts
John S. Mays

(b) Alexandria Commission on Persons With Disabilities
Timothy Sullivan

(A copy of each of the above resignations is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item Nos. 8(a-b); 11/23/99, and is incorporated herewith as part of this record by reference.)










9. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Public Health Advisory Commission
1 Non-Health Professional

(b) Alexandria Youth Policy Commission
1 Parent From School Board District C

(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 Nos. 9(a-b); 11/23/99, and is incorporated herewith as part of this record by reference.)

10. Receipt of New State Funds for Staff Support for the Alexandria Commission on Persons with Disabilities.

(A copy of the City Manager's memorandum dated November 10, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 11/23/99, and is incorporated herewith as part of this record by reference.)

11. Receipt of the Monthly Financial Report for the Period Ending October 31, 1999.

(A copy of the City Manager's memorandum dated November 10, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/23/99, and is incorporated herewith as part of this record by reference.)

12. Receipt of the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 1999.

(A copy of the City Manager's memorandum dated November 10, 1999, together with the CAFR, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 12; 11/23/99, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council approved the Consent Calendar as presented. The City Manager's recommendations are as follows:

8. City Council received the following resignations with regret: (a) John S. Mays from the Alexandria Commission for the Arts; and (b) Timothy Sullivan from the Alexandria Commission on Persons With Disabilities; and requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

9. City Council: (a) reappointed Lori Cooper as a Non-Health Professional to the Alexandria Public Health Advisory Commission; and (b) reappointed Karen Thompson as a Parent from School Board District C to the Alexandria Youth Policy Commission.

10. City Council (1) approved receipt of the State funds; (2) authorized a 0.25 FTE (10 hours per week) part-time position in the Department of Human Services to help staff the Alexandria DSB. This position will terminate upon the expiration of the State funds, and the individual who fills the position will be notified of this condition of employment at the time of hire and will sign an agreement of understanding with regard to this condition. It should be noted that there are no funds available in the City budget to continue these activities once the State funds have expired; and (3) authorized the City Manager to execute all documents that may be required.

11. City Council (1) received the Monthly Financial Report for the period ending October 31, 1999; and (2) authorized the capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Expenditure Summary.

12. City Council received the Comprehensive Annual Financial Report for the fiscal year ended June 30, 1999.

END OF CONSENT CALENDAR

The voting was as follows:

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

13. Consideration of a license agreement between the City of Alexandria and Metropolitan Fiber Systems of Virginia, Inc., a subsidiary of WorldCom, Inc., authorizing Metropolitan Fiber Systems of Virginia, for a five-year period, to place, construct and maintain telecommunications equipment and facilities within the public rights-of-way of the City.

(A copy of the City Attorney's memorandum dated November 19, 1999, together with the license agreement, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 13; 11/23/99, and is incorporated herewith as part of this record by reference.

A copy of amended page 11 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 11/23/99, and is incorporated herewith as part of this record by reference.)

City Attorney Sunderland explained the amendment on page 11 of the agreement, and the Members of Council directed questions to the City Attorney.












WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the license agreement with WorldCom with the amended page 11 as outlined by the City Attorney, and authorized the City Manager to execute the agreement on behalf of the City and to take any other actions that are necessary or desirable to implement the agreement. The voting was as follows:

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

14. Consideration of City Comments on the Draft Crystal City/Potomac Yard Area Transportation Study Prepared by the Virginia Department of Transportation.

(A copy of the City Manager's memorandum dated November 19, 1999, together with the study, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 14; 11/23/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley, Vice Mayor Euille and Council Member Walker spoke to this item.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council: (1) received the Draft Crystal City/Potomac Yard Area Transportation Study; and (2) authorized staff to forward study comments to VDOT prior to the submission of the final report to the General Assembly in December. The voting was as follows:

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

15. Consideration of Report on the Eligibility of Residents in New Developments that are Located in Residential Parking Permit Districts to Obtain District Parking Permits.

(A copy of the City Manager's memorandum dated November 19, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 11/23/99, and is incorporated herewith as part of this record by reference.)

The Members of City Council, City Attorney Sunderland and Assistant City Manager Evans participated in the discussion of this item.









Without Objection, K.S. Masterson, 101 Pommander Walker, stated that everyone thought that Ford's Landing was not going to get area 1 permits from inception of this project. He stated that they find themselves in an unfair situation in that all 150 plus Ford's Landing houses have two-car garages. He noted that most of his neighbors have no off-street parking and thus his neighbors' first and second cars are going to be displaced by a bunch of cars in different categories from Ford's Landing which is a totally asymmetrical situation worsened by the fact that there is no reciprocity in the Ford's Landing private streets. He indicated that they really don't have a solution to this and need the City's help to solve it.

There was further Council discussion on this issue.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council authorized staff to amend the City Code relative to future special use permit applications that come before the Council and their eligibility for District I parking permits; and, in addition, Council reserved the right to reconsider further restrictions relative to Ford's Landing until such time as the Ford's Landing parking plan is finalized and staff has had an opportunity to review it along with other citizen groups, and also look at the various enforcement techniques associated with that plan. The voting was as follows:

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

Without objection, City Council considered docket item nos. 16, 17, and 18 together and under one motion.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

Planning Commission

16. MASTER PLAN AMENDMENT #99-0002 -- REZONING #99-000200 5401 SEMINARY RD -- COCA-COLA -- Consideration of a request for amendment to the Alexandria West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and zoning of the subject property to I/Industrial, with proffer limiting use to parking; currently zoned R-20/Residential. Applicant: Coca-Cola Enterprises Inc., by Sarah E. Hall, attorney. (#13 11/13/99; #23 10/16/99)
(A copy of Mr. Lynn's memorandum dated November 23, 1999, containing the Euille-Pepper proposal, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 16, 17, and 18; 11/23/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated September 22, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 16, 17 and 18; 11/23/99, and is incorporated herewith as part of this record by reference.

Communications received on these items are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item Nos. 16, 17, and 18; 11/23/99, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated October 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 16; 11/23/99, and is incorporated herewith as part of this record by reference.

A copy of Ms. Hall's letter dated October 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 16; 11/23/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. McCulla's proffers is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of Item No. 16; 11/23/99, and is incorporated herewith as part of this record by reference.)

17. MASTER PLAN AMENDMENT #99-0009 -- REZONING #99-0009 -- 5188 DAWES AV -- COCA-COLA -- Consideration of a request for amendment to the Alexandria West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and zoning of the subject property to I/Industrial, with proffer limiting use to parking; currently zoned R-12/Residential. Applicant: Coca-Cola Enterprises Inc., by Sarah E. Hall, attorney. (#14 11/13/99; #24 10/16/99)
(A copy of the Planning Commission report dated October 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 17; 11/23/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. McCulla's proffers is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 17; 11/23/99, and is incorporated herewith as part of this record by reference.

18. SPECIAL USE PERMIT #99-0088 -- 5401 SEMINARY RD; 5188 DAWES AV -- COCA-COLA -- Consideration of a request for a special use permit for reduced parking; zoned R-20/Residential and R-12/Residential. Applicant: Coca-Cola Enterprises Inc., by Sarah E. Hall, attorney. (#15 11/13/99; #25 10/16/99)
(A copy of the Planning Commission report dated October 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 18; 11/23/99, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille spoke to the Euille-Pepper proposal.

Mayor Donley raised the issue with respect to a fence around the property. He indicated at this point there is not going to be a fence around the property as proposed in the compromise. Is this correct?

Planning and Zoning Director Lynn stated that that is not his understanding. He indicated that the Euille-Pepper proposal calls for the plan which is attachment 1 and shows a fence in front of the plantings in front of the parking lot.

Vice Mayor Euille stated that it was concluded that the fence is not necessarily needed, thus, it is recommended that the fence be deleted and that appropriate plantings of shrubbery or some minor landscaping occur in the place of the fence.

Mayor Donley stated that the representatives from Coca-Cola are agreeable not to construct a fence. Is that correct?

Coca-Cola representatives responded in the affirmative.

Mayor Donley noted that Coca-Cola did express some concern to him regarding security of the lot with potential vandalism to property or stolen cars. He stated that they would like to reserve the right to come in and potentially request a fence should conditions warrant the placement of the fence and that would be relative to the security of vehicles that are parked on the lot. Any request for such a fence would be accompanied by some evidence that security is needed.

Coca-Cola representatives indicated that they were agreeable to this.

Vice Mayor Euille stated that he is hearing that for the first time and indicated that it is not an unfair or unreasonable request on the part of Coke; however, if that were indeed a substantiated case in fact, the fence would then go in the alignment that was previously worked out under their compromise plan.

Councilwoman Pepper stated with a gate, perhaps.

Mayor Donley stated that we need to be specific about this and noted should the need for a fence at some point in the future be evidenced because of property damage or security needs, the fence then would go along the alignment of the surface parking lot as opposed to up against Seminary Road.

The Coca-Cola representative stated they do not know when in the future that would be or if it would be. They would be hopeful that it could be worked out with what would make best sense at the time for the use of the surface parking area rather than stating it is going to be in a specific place.

William McCulla stated if that is the way it would be handled that he would like it to be at a public hearing so that the neighborhood would have a chance to talk to what they would want to do.

Mayor Donley stated that there will be no fence. If a fence is needed for security on the lot, Coke agrees to make application for that fence, and Coke also agrees to discuss the location of the fence with the affected civic groups.

The Coca-Cola representative responded absolutely.




City Attorney Sunderland stated that this would not come in as an amendment to the special use permit, but you should agree simply to have an amendment to the site plan. It will process as a site plan. It will come to staff, it will go to the Planning Commission, have a public hearing, and go to the civic groups. If someone wants to appeal it to Council, it can be appealed to Council.

The parties agreed to this.

William McCulla asked where is the rezoning line?

Councilwoman Pepper stated that the understanding was always that the whole parcel of property was being rezoned Industrial.

Planning and Zoning Director Lynn emphasized that we are rezoning with a proffer which means the terms of the proffer are what govern.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the items as modified with the attachment 1 (Euille-Pepper compromise) received this evening for docket item nos. 16, 17, and 18, which includes the discussion regarding the fence. The voting was as follows:

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

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Council Member Walker noted that on the calendar this evening there is a Community Meeting at Cora Kelly on Thursday, February 17, at 7:30 p.m. She indicated that she will be coming back with a proposal for a series of public forums that the Council would sponsor in the neighborhoods.

(b) Mayor Donley congratulated the Alexandria Interfaith Association, in particular, its chairman Dale Sealy and Rabbi Jack Moline, for hosting a successful interdenominational celebration commemorating the City's 250th Anniversary.

He also thanked Bert Ransom for his efforts.

ORDINANCES AND RESOLUTIONS

19. Second Reading and Final Passage of AN ORDINANCE to amend the city code by revising the regulations governing the real estate tax exemptions and deferrals that are available to eligible elderly and disabled residents of the city. (#20 11/13/99; #10 11/9/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 18, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/23/99, and is incorporated herewith as part of this record by reference.




A copy of the City Manager's memorandum dated November 3, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 11/23/99, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 19; 11/23/99, and is incorporated herewith as part of this record by reference.)

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

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

The substitute ordinance finally passed reads as follows:
ORDINANCE NO. 4094

AN ORDINANCE to amend and reordain Sections 3-2-161 (DEFINITIONS), 3-2-163 (SAME--ELIGIBILITY, RESTRICTIONS GENERALLY), 3-2-165 (SAME--PROCEDURE FOR CLAIM), 3-2-166 (SAME--CALCULATION OF AMOUNT; LIMITATION), and 3-2-167 (CHANGE IN STATUS), all of Article L (REAL ESTATE TAX EXEMPTION OR DEFERRAL FOR ELDERLY OR PERMANENTLY AND TOTALLY DISABLED PERSONS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-161 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-161 Definitions.

The following words and phrases shall, for the purposes of this article, have the following respective meanings, except where the context clearly indicates a different meaning:

(1) Applicant. Any person who claims an exemption or deferral under section 3-2-165.

(2) City council. The council of the City of Alexandria, Virginia.

(3) Deferral. A deferral of the obligation to pay real estate taxes granted pursuant to the provisions of this article.



(4) Dwelling. The building, or portion of a building, which is owned, at least in part, by an applicant, which is the sole residence of the applicant and which is a part of the real estate for which an exemption from or deferral of taxes is sought pursuant to this article.

(5) Exemption. An exemption from the obligation to pay real estate taxes granted pursuant to the provisions of this article.

(6) Index. The Consumer Price Index for All Urban Consumers (CPI-U) (Washington-Baltimore, DC-MD-VA-WV, All Items), or such predecessor or successor index deemed applicable by the director.

(7) Net combined financial worth of applicant. The value of all assets of an applicant, of an applicant’s spouse and of any other person who is an owner of and resides in the applicant’s dwelling, calculated as of December 31 of the calendar year immediately preceding the taxable year; provided, that the value of the applicant’s dwelling, of household furnishings in the dwelling and of up to one acre of the land on which the dwelling is situated shall be excluded.

(8) Permanently and totally disabled persons. An applicant certified as provided by section 3-2-165(d) and found by the city manager to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such applicant’s life.

(9) Relative. Any person related by blood to an applicant who uses the applicant’s dwelling as his or her principal residence.

(10) Taxable year. The calendar year for which an exemption or deferral is claimed.

(11) Spouse. The husband or wife of any applicant who resides in the applicant’s dwelling.

(12) Total combined income of applicant. The annual gross income from all sources, calculated as of December 31 of the calendar year immediately preceding the taxable year, of the applicant, of the applicant’s spouse, of any relative of the applicant who resides in the dwelling, and of any other person who is an owner of and resides in the applicant’s dwelling; provided, that up to $6,500 of the income of any such relative and up to $7,500 of the income of any applicant, and any other owner residing in the dwelling, who is permanently disabled shall be excluded.

Section 2. That Section 3-2-163 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-163 Same--eligibility, restrictions generally.

Exemptions from or deferral of real estate taxation in any taxable year shall be granted subject to the following restrictions and conditions:




(1) The total combined income for the calendar year immediately preceding the taxable year of an applicant for an exemption may not exceed $20,000. Such income of an applicant for a deferral may not exceed $25,000. In taxable year 2000, the foregoing amounts shall be adjusted by the rate of change in the index from November of 1990 to November of 1999. In each taxable year thereafter, such amounts shall be adjusted by the rate of change in the index, from November of the calendar year two years prior to the then current taxable year, to November of the calendar year immediately preceding the then current taxable year. The adjusted amounts shall be rounded to the nearest $100.

(2) The net combined financial worth of an applicant may not exceed $195,000.

(3) As of January 1 of the taxable year, the applicant must occupy the real estate for which the exemption or deferral is sought as his or her sole residence and must be expected to so occupy the real estate throughout the year; provided, that an applicant who is residing in a hospital, nursing home, convalescent home or other facility for physical or mental care shall be deemed to meet this condition so long as the real estate is not being used by or leased to another for consideration.

(4) An applicant shall file the affidavit or written statement, or annual certification, required by section 3-2-165 no later than April 10 of the taxable year.

(5) Interest on any taxes deferred under this article shall accrue at the rate of eight percent per annum from the date by which such taxes were required to be paid to the date on which such taxes are paid in full. Any and all deferred taxes shall constitute a single lien upon the applicant's real estate as if no deferral had been granted and the taxes had been assessed but not paid. To the extent it exceeds, in the aggregate, 10 percent of the price for which such real estate is sold or, if not sold, 10 percent of its assessed value, any such lien shall be inferior to all other liens.

Section 3. That Section 3-2-165 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-165 Same--procedure for claim.

(a) For taxable year 2000, and every third taxable year thereafter, and not later than April 10 of the taxable year, any applicant claiming an exemption or deferral of real estate taxes under this article shall file with the city manager, in such manner as the manager shall prescribe and on forms to be supplied by the city, an affidavit or written statement providing the following:

(1) the name and age of the applicant;

(2) a statement whether the applicant is permanently and totally disabled;

(3) the address of the real estate for which the exemption or deferral is claimed;



(4) the names of the applicant’s spouse and of the relatives of the applicant and any other owners of the real estate who reside in the applicant’s dwelling;

(5) the total combined income of the applicant as defined in section 3-2-161(12);

(6) the net combined financial worth of the applicant as defined in section 3-2-161(7);

(7) the applicant’s election of an exemption or deferral; and

(8) the name and addresses of all owners of the real estate other than the owners who reside thereon.

(b) If, after audit and investigation, the city manager determines that the applicant is eligible for an exemption or deferral, the manager shall so certify to the director, who shall deduct the amount of the exemption from the applicant’s real estate tax liability or defer such tax liability as herein provided.

(c) Any provision of this article to the contrary notwithstanding, the city council may declare eligible to apply for an exemption or deferral any person filing the affidavit or written statement required by subsection (a), or the written certification required by subsection (f), after April 10 but before June 30 of the taxable year, provided good cause is shown for the failure to file the affidavit, statement or certification before April 10 of the taxable year.

(d) Any applicant under 65 years of age claiming an exemption or deferral on the basis of a permanent and total disability shall attach to the affidavit or written statement required by subsection (a), or the written certification required by subsection (f), a certification by the Social Security Administration or, if the person is not eligible for social security, an affidavit by two medical doctors licensed to practice medicine in the commonwealth to the effect that the person is unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person’s life.

(e) Any applicant initially claiming an exemption or deferral of real estate taxes under this article, in a taxable year other than those specifically referred to in subsection (a), shall file for such taxable year the affidavit or written statement required by subsection (a). Thereafter, such applicant shall file an affidavit or written statement, or a written certification, as required by subsection (a) or (f).

(f) For each taxable year as to which an affidavit or written statement is not required by subsection (a), the applicant shall file with the city manager, not later than April 10, a written certification, on forms to be supplied by the city, in which the applicant states that the information contained in the applicant’s last filed affidavit or written statement has not changed in a manner which affects either the applicant’s eligibility for an exemption or deferral under this article or the amount of the exemption or deferral. In the event that the information in the last filed affidavit or statement has changed in such a manner, the applicant shall file a new affidavit or written statement pursuant to subsection (a).




Section 4. That Section 3-2-166 of The Code of the City of Alexandria, 1981, as amended, be, and the same herein is, amended and reordained to read as follows:

Sec. 3-2-166 Same--calculation of amount; limitation.

(a) The exemption from or deferral of real estate taxes granted under this article for any taxable year shall be calculated as follows:

(1) when the total combined income of the applicant does not exceed $10,000, the applicant shall be exempt from the taxes owed for the year;

(2) when the total combined income of the applicant exceeds $10,000 but does not exceed $20,000, the applicant shall be exempt from the taxes owed for the year or from taxes in the amount of $1,500, whichever is less, and may defer all or part of the amount of such taxes in excess of $1,500; and

(3) when the total combined income of the applicant exceeds $20,000 but does not exceed $25,000, the applicant may defer all or part of the taxes owed for the year; provided, that if the real estate identified in the affidavit or written statement filed under section 3-2-165 is not owned solely by the applicant and his or her spouse, the amount of the tax exemption or deferral shall be either the amount of the taxes on the real estate for the taxable year times the percentage ownership interest in the real estate held by the applicant, or by the applicant and his or her spouse, or $1,500, whichever is less.

(b) In taxable year 2000, the amounts stated in subsection (a) above shall be adjusted by the rate of change in the index from November of 1990 to November of 1999. In each taxable year thereafter, such amounts shall be adjusted by the rate of change in the index from November of the calendar year two years prior to the then current taxable year, to November of the calendar year immediately preceding the then current taxable year. The adjusted amounts shall be rounded to the nearest $100.

Section 5. That Section 3-2-167 of The Code of the City of Alexandria, 1981, as amended, be, and the same herein is, amended and reordained to read as follows:

Sec. 3-2-167 Change in status.

Changes in income, financial worth, ownership of property or other factors occurring during the taxable year for which an affidavit or written statement, or a written certification, is filed and causing any of the restrictions, limitations or conditions provided in this article to be exceeded or violated shall nullify any exemption or deferral for the remainder of the then current taxable year and the taxable year immediately following, with the applicant receiving a prorated exemption or deferral for the portion of the taxable year during which the applicant qualified for such exemption or deferral. The transfer of ownership of the property from a qualifying spouse to a spouse who is less than 65 years of age and not permanently and totally disabled, when such transfer results solely from the death of the qualifying spouse, shall result in a prorated exemption or deferral for the then current taxable year. Such prorated exemption or deferral shall be determined by multiplying the amount of the exemption or deferral granted the qualifying spouse by a fraction in which the number of complete months of the year such property was properly eligible for such exemption or deferral is the numerator and the number 12 is the denominator.

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

KERRY J. DONLEY
Mayor

Introduction: 11/09/99
First Reading: 11/09/99
Publication: 11/10/99; 11/11/99
Public Hearing: 11/13/99
Second Reading: 11/23/99
Final Passage: 11/23/99
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20. Consideration of a Resolution Providing Local Governing Body Approval of ARHA Issuance of Tax-Exempt Bonds to Finance the Acquisition and Rehabilitation of Park at Landmark Apartments in Alexandria. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 10, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/23/99, and is incorporated herewith as part of this record by reference.)

Director of Housing Davis noted for the record that the required TEFRA Hearing and Special Meeting of the ARHA Board were held on November 15, 1999, and there were no speakers.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council: (1) adopted the resolution authorizing the refunding of the prior bonds and approving the issuance, by the Alexandria Redevelopment and Housing Authority (ARHA), of up to $35,650,000 in Multi-family Housing Mortgage Revenue Refunding tax-exempt bonds on behalf of CAPREIT Landmark Limited Partnership, a rental complex in Alexandria; and (2) authorized the Clerk of Council to complete the proposed Certificate of Resolution. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1940

WHEREAS, CAPREIT of Landmark Inc., a Maryland corporation and general partner of CAPREIT Landmark Limited Partnership, a Virginia limited partnership (the “Borrower”), has requested the Alexandria Redevelopment and Housing Authority (the “Issuer”), to facilitate the restructuring of the outstanding project financing of a 396-unit multi-family rental housing development, known as Park at Landmark Apartments located at 225 Whiting Street, Alexandria, Virginia (the “Project”), through the issuance of its revenue bonds in an amount not to exceed $35,650,000 (the “Bonds”); and

WHEREAS, the Issuer has held a public hearing on the issuance of the Bonds on November 15, 1999, in accordance with Section 15.2-4906 of the Code of Virginia of 1950, as amended (the “Virginia Code”), and in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Internal Revenue Code”); and

WHEREAS, the Issuer has requested the City Council (the “City Council”) of the City of Alexandria, Virginia (the “City”), to approve the issuance of the Bonds to comply with Section 15.2-4906 of the Virginia Code and Section 147(f) of the Internal Revenue Code; and

WHEREAS, a copy of the Issuer’s November 1, 1999 inducement resolution approving the issuance of the Bonds, a fiscal impact statement and a reasonably detailed summary of the comments made at the November 15, 1999 public hearing have been presented to the City Council;


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

1. The City Council hereby approves the issuance of the Bonds by the Issuer for the benefit of the Borrower, to the extent required by Section 15.2-4906 of the Virginia Code and to the extent required under Section 147(f) of the Internal Revenue Code.

2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower. As required by Section 15.2-4909 of the Act, the Bonds shall provide that neither the City nor the Issuer shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the City or the Issuer shall be pledged thereto.

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


* * * * *

21. Consideration of a Resolution from the Landlord-Tenant Relations Board Regarding the Voluntary Rent Guidelines. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 9, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/23/99, and is incorporated herewith as part of this record by reference.)








WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper, and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution to increase the City's Voluntary Rent Guidelines to 5% if the tenant pays utilities and 7.5% if the owner pays utilities, as recommended by the Landlord-Tenant Relations Board. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1941

WHEREAS, more than half of the dwelling units in the City of Alexandria are renter-occupied; and

WHEREAS, the Alexandria City Council has continually expressed its concern for the well-being of the City's tenants and landlords through proposed charter changes, legislation, and establishment of the Landlord-Tenant Relations Board; and

WHEREAS, the Alexandria Landlord-Tenant Relations Board has previously expressed its concern to the City Council regarding excessive rent increases.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alexandria, Virginia, calls upon the Alexandria Landlord-Tenant Relations Board to monitor and investigate complaints of rent increases in excess of the following guidelines and to conduct a review of the guidelines every six months and forward recommendations to Council at a minimum of every 12 months;

-- If the tenants pay all utilities, not more than five percent cumulatively per year;

-- If all utilities are included in the rental amount, not more than seven and one-half percent cumulatively per year.

PROVIDED, however, that Board investigators will recognize and take into account any unusual costs, capital improvements and major repairs to the property (which should be substantiated by the owner), and extraordinary increases (more than 50%) in assessments;

PROVIDED, further, that the landlord may apportion increased real estate taxes in an equitable manner;

PROVIDED, further, that when a landlord converts utilities to a sub-metered or individually metered system, the amounts of monthly rents, plus annualized utility costs, shall remain within these guidelines;

BE IT FURTHER RESOLVED that the Landlord-Tenant Relations Board will report to City Council on the adequacy of the above guidelines in November 2000.
* * * * *
OTHER

22. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated November 18, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 11/23/99, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council: (1) added to the Council calendar: (a) Monday, December 6, INOVA Alexandria Hospital Hanukkah Celebration at 6:00 p.m. in the Visitors' Lobby of INOVA Alexandria Hospital, 4320 Seminary Road; (b) the following events to recognize and honor City Manager Vola Lawson for her 29 years of service (15 years as City Manager): a Community Reception hosted by City Council at T.C. Williams High School (cafeteria) on Sunday, February 13, from 2:00 p.m. to 6:00 p.m.; and a reception hosted by City employees on Wednesday, February 23, from 2:30 p.m. to 5:30 p.m. at the Lee Center (Exhibit Hall). In the event of inclement weather, the employee event will be held on Thursday, February 24, from 2:30 to 5:30 p.m. at the Lee Center; (c) Tuesday, February 15, 2000, City Employee Service Awards Program with a reception at 5:30 p.m. and awards ceremony at 6:00 p.m. at the Torpedo Factory Art Center; (d) Community Meeting at Cora Kelly on Thursday, February 17, at 7:30 p.m.; (2) the Alexandria Electoral Board has confirmed the Tuesday, January 11 work session at 6:00 p.m. in the Council workroom to brief Council on the process to seek relief from the Preclearance Provisions of the Voting Rights Act for the City from the Justice Department; (3) postponed the Union Station Ceremony tentatively scheduled for December 18 to some time next year, and added the luncheon for Lord Provost Wright to be held on Saturday, December 4, 1999, at 12:30 p.m. at the Warehouse. The voting was as follows:

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

CONTESTED APPOINTMENTS

23. Ad Hoc Alexandria Washington Street Task Force
4 Representatives of Civic Organizations in the Old Town Area

3 Representatives of Business/Landowner Interests

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

NAME ENDORSED BY:

4 Representatives of Civic Organizations in the Old Town Area

Thomas Braswell The Old Town Civic Association

John Coffey Pitt Street Station Homeowners Association


Poul Hertel Northeast Citizens' Association

Donald Mela North Old Town Independent Citizens
Watergate of Alexandria Condominium Unit Owners' Association
Port Royal Condominiums
Harbor Terrace Board of Directors
Canal Way Homeowners' Association

Jonathan Sheiner Pitt Street Station Homeowners' Association

3 Representatives of Business/Landowner Interests

Janet Bertin

Andrew Eshelman
(Residency Waiver Required)

Ihor Kotlarchuk

Joseph Lavigne

John Michael Willsey Old Town North Community Association
Christa Watters
Marian L. Clark, Vice President, Old Town North Community Association
* * * * *

(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. 23; 11/23/99, 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 Braswell, John Coffey, Poul Hertel and Donald Mela as Representatives of Civic Organizations in the Old Town Area, and Janet Bertin, Joseph Lavigne and John Michael Willsey as Representatives of Business/Landowner Interests to the Ad Hoc Alexandria Washington Street Task Force. The voting was as follows:

Donley - Braswell, Coffey, Hertel, Mela, Eshelman, Lavigne, Willsey
Euille - Braswell, Hertel, Mela, Sheiner, Bertin, Lavigne, Willsey
Cleveland - Braswell, Coffey, Hertel, Mela, Bertin, Lavigne, Willsey
Pepper - Braswell, Hertel, Mela, Sheiner, Bertin, Lavigne, Willsey
Rich - absent
Speck - Braswell, Coffey, Hertel, Mela, Bertin, Lavigne, Willsey
Walker - Braswell, Coffey, Hertel, Mela, Bertin, Lavigne, Willsey
* * * * *

24. Ad Hoc City of Alexandria 250th Anniversary Commission
1 Member Designated by the Alexandria Washington Masonic Lodge No. 22

(The following person volunteered or was recommended for appointment to the above Commission:)

NAME ENDORSED BY:

Philip Hays Alexandria-Washington Lodge No. 22
(Residency Waiver Required)
* * * * *

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 24; 11/23/99, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and appointed Philip Hays as a Member designated by the Alexandria Washington Masonic Lodge No. 22 to the Ad Hoc City of Alexandria 250th Anniversary Commission. The voting was as follows:

Donley - Hays
Euille - Hays
Cleveland - Hays
Pepper - Hays
Rich - absent
Speck - Hays
Walker - Hays
* * * * *

25. Alexandria Commission for the Arts
2 Members Who Represent the Public-at-Large As Arts Consumers and Participants

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

NAME ENDORSED BY:

Michael Fitzpatrick

Ilona Savage

Andrew Stewart

Sarah Wiggins* Commission for the Arts

*Incumbent
* * * * *

(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. 25; 11/23/99, 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 Sarah Wiggins and appointed Ilona Savage as Members who represent the Public-at-Large as Arts Consumers and Participants to the Alexandria Commission for the Arts. The voting was as follows:

Donley - Savage, Wiggins
Euille - Savage, Wiggins
Cleveland - Savage, Wiggins
Pepper - Savage, Wiggins
Rich - absent
Speck - Savage, Wiggins
Walker - Savage, Wiggins
* * * * *

26. Alexandria Commission on Aging
3 Citizen Members Who Are 60 Years of Age or Older

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

NAME ENDORSED BY:

Mary Ann Cusack

James Graham

Klara Guyton*

Joann Miller

Herbert Seager

Violet Thompson*

*Incumbent
* * * * *

(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. 26; 11/23/99, 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 Klara Guyton and Violet Thompson and appointed Joann Miller as Citizen Members who are 60 years of age or older to the Alexandria Commission on Aging. The voting was as follows:

Donley - Guyton, Miller, Thompson
Euille - Graham, Guyton, Thompson
Cleveland - Guyton, Miller, Thompson
Pepper - Guyton, Miller, Thompson
Rich - absent
Speck - Guyton, Miller, Thompson
Walker - Guyton, Miller, Thompson
* * * * *

27. Alexandria Commission on Employment
1 Citizen-at-Large

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

NAME ENDORSED BY:

Christopher Hernandez-Roy

Sharron Hopkins
(Residency Waiver Required)
* * * * *

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 27; 11/23/99, 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 Christopher Hernandez-Roy as a Citizen Member to the Alexandria Commission on Employment. The voting was as follows:

Donley - Hernandez-Roy
Euille - Hernandez-Roy
Cleveland - Hernandez-Roy
Pepper - Hernandez-Roy
Rich - absent
Speck - Hernandez-Roy
Walker - Hernandez-Roy
* * * * *







28. Alexandria Commission on Information Technology
2 Citizens-at-Large

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

NAME ENDORSED BY:

Chester Avery*

Richard Ernst, Jr.

Paul Hyland

Chris Lee

James Lint Dan Lee
Marilee Cunningham

Steven Mitchell

Perry Singh

Geoffrey Vincent

*Incumbent
* * * * *

(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. 28; 11/23/99, 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 Chester Avery and appointed James Lint as Citizens-at-Large to the Alexandria Commission on Information Technology. The voting was as follows:

Donley - Avery, Lint
Euille - Avery, Lint
Cleveland - Avery, Lint
Pepper - Avery, Lint
Rich - absent
Speck - Avery, Lint
Walker - Avery, Lint
* * * * *











29. Alexandria Consumer Affairs Commission
1 Citizen Member

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

NAME ENDORSED BY:

Glynn Coryell

Dori Ramsey
* * * * *

(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. 29; 11/23/99, 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 Glynn Coryell as a Citizen Member to the Alexandria Consumer Affairs Commission. The voting was as follows:

Donley - Ramsey
Euille - Coryell
Cleveland - Coryell
Pepper - Ramsey
Rich - absent
Speck - Coryell
Walker - Coryell
* * * * *






















THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 5-to-0, at 9:30 p.m., the Regular Meeting of Tuesday, November 23, 1999, was adjourned. The voting was as follows:

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

APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:




_____________________________________________
Beverly I. Jett, CMC City Clerk


This docket is subject to change.

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