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Public Hearing Meeting
Saturday, June 13, 1998 - - 9:30 a.m.


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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Pessoa, Assistant City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Ms. Johnson and Ms. Beeton, of Planning and Zoning; Mr. Gitajn, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Mr. Sanderson, Director of Real Estate Assessments; Ms. Steele, Deputy City Manager; Fire Chief Hawkins; Ms. Davis, Director of Housing; Ms. Boyd, Director of Citizen Assistance; Mr. Eiffert, Director of Agency on Aging; Mr. Simmons, Acting Director of Recreation, Parks and Cultural Activities; and Lieutenant Hazel, Police Department.

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

2. Public Discussion Period.

(a) Ellen Pickering, 103 Roberts Lane, spoke to the COG Transportation Planning Board mission statement and survey. She stated that as part of the core Alexandria and Arlington should stop any road improvements that allow the car happy region people from coming to or through us except on public transit. Alexandria already has mixed use around its transit stations. All regional transportation planning should be for public transportation only. All funds raised regionally should be for public transportation only. Let the states and the federal government take care of the road building and maintenance.

(b) Jack Sullivan, 4300 Ivanhoe Place, representing No Gridlock!, stated that we ought to take very seriously at this point in time, putting forward a position on behalf of the City and its citizens about what a regional transportation authority should be, what it should do and for what its revenues might be used. He suggested that it might be a good idea in the fall that City Council hold a public hearing specifically on regional transportation and bring some of these ideas and concerns to the floor, or name a task force.



(c) Julie Crenshaw, 816 Queen Street, also spoke to the COG Transportation Planning Board mission statement and expressed concern about air quality and indicated that it's time to address the region's transportation issues.
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New Business Item No. 1: Council Member Walker urged everybody if they have a free evening tonight to attend Metro Stage which has a workshop production of Ninety North at the Lyceum tonight at 8:00 p.m. It costs $15. It is a musical with a message and it's worthwhile going to see.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-15)

Planning Commission

WITHOUT OBJECTION, City Council removed docket item nos. 6, 9 and 13 from the Action Consent Calendar and considered them under separate motions.

3. TEXT AMENDMENT #98-0011 -- SITE PLAN PROCESS -- Public Hearing and Consideration of an amendment to Section 11-400 (Site plan) of the Zoning Ordinance to change the administration of the site plan process from the Department of Transportation and Environmental Services to the Department of Planning and Zoning. Staff: City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 6/13/98, and is incorporated herewith as part of this record by reference.)

4. SPECIAL USE PERMIT #98-0036 — 2018 MOUNT VERNON AVENUE — ROD DET RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant; zoned CL/Commercial Low. Applicant: Savitri Sakulsom.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/13/98, and is incorporated herewith as part of this record by reference.)










5. SPECIAL USE PERMIT #98-0037 — 835 SOUTH PAYNE STREET — WASTEWATER FACILITY -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction additions to the wastewater treatment plant, including an increase in height; zoned UT/Utilities. Applicant: Alexandria Sanitation Authority, by Glenn B. Harvey.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/13/98, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #98-0053 — 666 SOUTH PICKETT STREET — PICKETT STREET PLAZA SHOPPING CENTER — BIG BITE OF LANDMARK -- Public Hearing and Consideration of a review of a special use permit and request to expand seating and allow outdoor storage for a restaurant; zoned CG/Commercial General. Applicant: Big Bite of Landmark, by Farzad Rowshandel.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/13/98, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #98-0059 — 6121 LINCOLNIA ROAD — COLUMBIA SCHOOL OF BROADCASTING -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school for broadcasting; zoned OCM-100/Office Commercial Medium. Applicant: Columbia School of Broadcasting, Inc., by Roy E. Blair.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/13/98, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #98-0072 — 1472 NORTH BEAUREGARD STREET — HAMLET SHOPPING CENTER — HAAD THAI RESTAURANT -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CDD-4/Coordinated Development District. Applicant: Haad Thai Restaurant, by Chatree (Charles) Kiatrungrit.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/13/98, and is incorporated herewith as part of this record by reference.)

11. SPECIAL USE PERMIT #98-0040 — 5000-5020 EISENHOWER AVENUE — CANDLEWOOD HOTEL -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a hotel with reduction of requirement for loading spaces; zoned OCM-100/Office Commercial Medium. Applicant: Candlewood Hotel Company, Inc., by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/13/98, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #98-0041 — 5000-5020 EISENHOWER AVENUE — CANDLEWOOD HOTEL -- Public Hearing and Consideration of a request for a special use permit for transportation management plan (TMP) approval for a proposed hotel development; zoned OCM-100/Office Commercial Medium. Applicant: Candlewood Hotel Company, Inc., by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/13/98, and is incorporated herewith as part of this record by reference.)

14. SPECIAL USE PERMIT #98-0069 — 25 SOUTH QUAKER LANE, #12 -- Public Hearing and Consideration of a request for a special use permit for a commercial school for computer training; zoned CSL/Commercial Service Low. Applicant: ICTS, by Goli A. Trump.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/13/98, and is incorporated herewith as part of this record by reference.)

15. SPECIAL USE PERMIT #98-0073 — 2010-2016 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit for a commercial school and congregate housing; zoned CL/Commercial Low. Applicant: FAKS Equal Care Services, Inc., by Francis A. Kamara.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/13/98, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, City Council approved the Action Consent Calendar with the exception of docket item nos. 6, 9 and 13, which were considered under separate motions. The Planning Commission recommendations are as follows:

3. City Council approved the recommendation of the Planning Commission and approved the text amendment, and noted the staff memorandum dated June 2, 1998, with respect to section 11-407(a) which keeps the Director of Transportation and Environmental Services in the language.

4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
5. City Council approved the recommendation of the Planning Commission and approved the proposal, subject to compliance with all applicable codes, ordinances and staff recommendations.

7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

11. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

14. Councilwoman Pepper asked if it was possible that the on-street parking in front of our own building at 133 South Quaker Lane could be made available for the whole street to use.

Transportation and Environmental Services Director O'Kane responded to her concern and will take a look at this to see if the City can provide some additional parking and will report back.

City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

15. City Council approved the recommendation of the Planning Commission and approved the request for the commercial school, subject to compliance with all applicable codes, ordinances and staff recommendations, and noted the deferral of the request for the congregate housing.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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







6. SPECIAL USE PERMIT #98-0044 — 206 WEST GLEBE ROAD -- Public Hearing and Consideration of a request for a special use permit for a storage trailer; zoned CG/Commercial General. Applicant: Bon Shim.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/13/98, and is incorporated herewith as part of this record by reference.)

Councilman Speck and Councilwoman Pepper directed questions to Ms. Beeton of the Planning and Zoning Department.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

9. SPECIAL USE PERMIT #98-0066 — 1001-1019 PENDLETON STREET — KING’S ROWE -- Public Hearing and Consideration of a request for a special use permit amendment to subdivide the existing residential townhouse development into fee simple lots; modifications to yards, parking, open space and vision clearance are required; zoned RB/Residential. Applicant: King’s Rowe Unit Owner’s Association, by Susan Stovall McAteer.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/13/98, and is incorporated herewith as part of this record by reference.)

Councilman Speck asked, over the summer, if staff could look at in a little bit more detail the financing nuances and tell Council whether this is something that Council can expect to see more of in the future and what it may mean in terms of our housing stock as it relates particularly to condominium townhouses.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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




13. SPECIAL USE PERMIT #98-0052 — 642 SOUTH PICKETT STREET — NICK'S RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned I/Industrial. Applicant: NMC Limited.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/13/98, and is incorporated herewith as part of this record by reference.)

Mayor Donley asked questions of staff with respect to a number of code violations.

Councilwoman Pepper also questioned when the vehicle that has four flat tires in front of the business will be removed.

Councilman Speck requested that the Police continue to monitor this business from time to time.

Council Member Walker suggested that the group of businesses may want to form a tenants' association to monitor illegally parked vehicles, etc.

Fire Chief Hawkins, Police Lieutenant Hazel and the applicant responded to Council's concerns.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, 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 added a condition #16 to the special use permit to read: 16. That the applicant shall contact the Crime Prevention Unit of the Alexandria Police Department regarding a security survey and robbery awareness training. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item No. 29 out of order.

29. SPECIAL USE PERMIT #98-0047 — 101 LEADBEATER STREET — LOVE OF CHRIST CHILD DEVELOPMENT CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a child care facility; zoned CSL/Commercial Service Low. Applicant: Ollie Lorene Poindexter.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/13/98, and is incorporated herewith as part of this record by reference.




Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 29; 6/13/98, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Yale Lewis, 101 Leadbeater Street, representing the applicant, spoke in support and answered questions; and

Jeanette Cox, 101 Leadbeater Street, representing the applicant, spoke in support and answered questions.

Members of City Council, Planning and Zoning Director Lynn, Mr. Lewis and Ms. Cox participated in a discussion on this item.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, 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 added a condition #8 that the enrollment shall be limited to 50 children; and added a condition #9 the applicant or the operator shall stagger the recreation times to maximize the play area that is under utilization by children at any given time. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

16. Public Hearing on the Competitive Grant Review Process for the Community Partnership Fund for Human Services for FY 1999.

(A copy of the City Manager's memorandum dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/13/98, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 16; 6/13/98, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Mollie Whalen, 2210 Mount Vernon Avenue, representing the Alexandria Volunteer Bureau, spoke;

Judy Rasmussen, 8620 Georgia Avenue, Suite 210, Silver Spring, MD, representing the Volunteers for the Visually Handicapped, spoke;

Lisa Rhys, 19 East Del Ray Avenue, volunteer, Northern Virginia Hospice, spoke;




Paul Heimer, representing the Arlington-Alexandria Coalition for the Homeless, spoke;

Jean Niebauer, 110 North Royal Street, #505, representing the Alexandria Legal Aid Society Council of Non-profits, spoke;

Gia Adams, 2213 North Chambliss Street, representing the Alexandria Community Network Preschool, spoke; and

Helen Lewis, 8405 Bound Brook, Chair of Community Lodgings, Inc., spoke.

Council Member Walker asked the City Manager to place this issue on the Retreat agenda in the fall so that Council can look again at this process and the policy.

City Manager Lawson stated that staff will respond to all of the issues that have been raised with a briefing paper, in addition this will be scheduled for the fall Retreat, and requested Council to approve the new submission date moving it from January 16 to February 16 which will give the non-profits more time to work on their applications.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Rich and carried unanimously, City Council closed the public hearing on this item and requested that staff get back to Council at a later date with recommendations and suggestions based on the comments received today, and requested staff to notify the non-profits of the submission date for the next cycle which will be February 16, 1999. The voting was as follows:

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

17. Public Hearing of the Draft One-Year Action Plan (July 1, 1998 - June 30, 1999) for the Consolidated Plan for Housing and Community Development, which includes the City's Applications for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Program Funding.

(A copy of the City Manager's memorandum dated May 29, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/13/98, and is incorporated herewith as part of this record by reference.

A copy of a letter from Alexandria United Way dated June 4, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 6/13/98, 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.








Vice Mayor Euille requested staff to review the suggestions offered by Freddie Mac in a recent meeting to see if there are areas where we can certainly benefit from their offer of services to us in the City of Alexandria, and more particularly in terms of helping the City to address a major concern with regard to Section 8 housing.

Mayor Donley noted for the record the letter received from the United Way.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council closed the public hearing on this item and scheduled this for consideration at the June 23 meeting for adoption by the Council. The voting was as follows:

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

18. Public Hearing and Consideration of the Edlandria Apartments Conversion Assistance Plan.

(A copy of the City Manager's memorandum dated June 8, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/13/98, 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.

Mayor Donley and Vice Mayor Euille directed questions to Director of Housing Davis.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council closed the public hearing on this item, withheld its endorsement on conversion assistance program proposed by the owners of the Edlandria Apartments, and acknowledged their lack of compromise with the Landlord-Tenant Relations Board and the recommendations put forth by that Board. The voting was as follows:

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

19. Public Hearing and Consideration of City Support of the Alexandria Redevelopment and Housing Authority's HOPE VI Application for $6.7 Million in Federal Funding for the Redevelopment of the Samuel Madden (Downtown) Public Housing Site.

(A copy of the City Manager's memorandum dated June 8, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/13/98, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's clarification dated June 13, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 6/13/98, and is incorporated herewith as part of this record by reference.
A copy of ARHA's update dated June 12, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 19; 6/13/98, 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.

City Manager Lawson and Assistant City Attorney Pessoa spoke to this item.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council closed the public hearing and approved the City Manager's recommendation to (a) endorse the application for HOPE VI funding for the redevelopment of the Samuel Madden (Downtown) public housing site, which will be submitted to the U.S. Department of Housing and Urban Development on June 29, 1998, and authorize the City Manager to submit the required letter of support; (b) designate $424,000 in Housing Trust Fund monies for the provision of 14 affordable dwelling units (ten on the redeveloped site and four at the Reynolds Street replacement housing location), to include: (1) a grant of $214,000 to North Village L.L.C. to help write down the sales prices for five three-bedroom on-site units, and (2) $210,000 to provide up to $15,000 per unit in homeownership assistance for each of the 14 income-eligible moderate-income purchasers on the two sites, with the caveat of a clarification as expressed in the Manager's memorandum to Council dated June 13, 1998, which clarifies the City Council's right of authority to review and approve a developer that may be proposed by ARHA at a later date. The voting was as follows:

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

20. SPECIAL USE PERMIT #98-0058 — 3830 SEMINARY ROAD — TEMPLE BETH EL -- Public Hearing and Consideration of a review of a special use permit for a private high school; zoned R-20/Residential. Applicant: Thornton Friends School of Northern Virginia, by Doug Price.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 6/13/98, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 20; 6/13/98, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Douglas Price, 1903 Winexburg Court, #20, Silver Spring, MD, representing Thornton Friends School, spoke in support of the special use permit and to a compromise reached with the neighbors;

Gant Redmon, 3800 Seminary Road, representing neighbors, spoke in support with addition of condition proposed by Seminary Hill Association; and

Leslie Ritts, 620 Fort Williams Parkway, spoke about the loitering.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, 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 reworded Condition #5 to read: 5. To the extent that Thornton Friends recruits socio-economically disadvantaged students, those students should be recruited from the City of Alexandria rather than Washington, D.C. or other jurisdictions; and deleted staff Condition #6 and added a new Condition #6: 6. That students are required during school hours to remain on the grounds for which the special use permit has been issued, subject to necessary trips for lunch and other authorized school functions; and added a Condition #7: that prohibits the students from loitering and smoking in the vicinity of the property for which the special use permit is issued. The voting was as follows:

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

21. SPECIAL USE PERMIT #98-0063 — 2141 JAMIESON AVENUE — CARLYLE SITE -- Public Hearing and Consideration of a request for a special use permit to operate a convenience store and carry-out restaurant; zoned CDD-1/Coordinated Development District. Applicant: Carlyle Towers L.L.C., by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/13/98, and is incorporated herewith as part of this record by reference.)

Councilman Cleveland stated for the record that he owns property at Carlyle Towers and is a Member of the Carlyle Review Board; however, he stated that he is able to participate fairly, objectively and in the public interest.

The following person participated in the public hearing on this item:

J. Howard Middleton, 510 King Street, attorney for the applicant, spoke in support.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added Condition #9. The voting was as follows:

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




22. SPECIAL USE PERMIT #98-0028 — 2601 COMMONWEALTH AVENUE — MOUNT VERNON ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install two temporary trailers for classroom use; zoned POS/Public Open Space. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/13/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated June 12, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 6/13/98, and is incorporated herewith as part of this record by reference.

A copy of statistics presented by Victor Glasberg is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 22; 6/13/98, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Janet Coldsmith, 16 West Mount Ida Avenue, representing the Mount Vernon PTA, spoke in support; and

Victor Glasberg, 6 East Alexandria Avenue, spoke.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, 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 the added Condition #5, and changed Condition #2 to read: 2. The special use permit is valid for a period of two years only. All trailers shall be removed by July 1, 2000. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered docket item nos. 23 through 26 together and under one motion.

23. SPECIAL USE PERMIT #97-0163 -- 2400 EISENHOWER AVENUE -- HOFFMAN SITE -- Public Hearing and Consideration of a request for a special use permit for a coordinated sign program for the Hoffman site; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Hoffman Management, Inc., by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/13/98, and is incorporated herewith as part of this record by reference.)


24. CDD - DEVELOPMENT CONCEPT PLAN — 2400 EISENHOWER AVENUE — HOFFMAN SITE -- Public Hearing and Consideration of a request for an amendment to the Hoffman site Coordinated Development District (CDD) Concept Plan to change requirements. Applicant: Hoffman Management, Inc., by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/13/98, and is incorporated herewith as part of this record by reference.)

25. SPECIAL USE PERMIT #98-0042 — 2400 EISENHOWER AVENUE — HOFFMAN TOWN CENTER -- Public Hearing and Consideration of a request for a coordinated development district special use permit, with site plan, to construct a theater, retail and restaurant uses; zoned CDD-2/Coordinated Development District. Applicant: Hoffman Management, Inc., by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/13/98, and is incorporated herewith as part of this record by reference.)

26. SPECIAL USE PERMIT #98-0043 — 2400 EISENHOWER AVENUE — HOFFMAN TOWN CENTER -- Public Hearing and Consideration of a request for an amendment to the Hoffman site transportation management plan (TMP) special use permit approval to incorporate the proposed theater, retail and restaurant uses; zoned CDD-2/Coordinated Development District. Applicant: Hoffman Management, Inc., by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/13/98, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

J. Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support; and

Kirk S. Lippold, 2121 Jamieson Avenue, representing the Eisenhower Civic Association, spoke in support.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the Planning Commission recommendations for items 23 through 26; which recommendations are as follows:

23. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the amended Condition #8.

24. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

25. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

26. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

27. SPECIAL USE PERMIT #98-0048 -- SPECIAL USE PERMIT #98-0049 -- 4800 DUKE STREET AND 5400 EDSALL ROAD — CAMERON STATION EAST AND WEST PARKS -- Public Hearing and Consideration of a request for a special use permit, with site plan, for development of City parks at Cameron Station; zoned CDD-9/Coordinated Development District. Applicant: City of Alexandria, Department of Recreation, Parks and Cultural Activities.
COMMISSION ACTION: West Park--Deferred by Staff; therefore, the West Park is not before the Council for public hearing and consideration at this time.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/13/98, and is incorporated herewith as part of this record by reference.

A copy of the Holmes Run Park Committee letter dated June 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 6/13/98, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Cyril D. Calley, 307 North Washington Street, attorney representing Cameron Associates, spoke in support; and

Lois Van Valkenburgh, 3512 Halcyon Drive, chair, Alexandria Commission on Aging, spoke regarding funds for multi-generational, multi-use, multi-cultural community center; a copy of Ms. Van Valkenburgh's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item.

Mayor Donley requested staff, in conjunction with the Agency on Aging, to provide Council with a joint response fairly quickly, of what do you get for $100,000, i.e., does it give you adequate and potential architectural renderings; does it get you initial engineering; does it get you all of the above, and is it going to be a good use of dollars; or do you spend it on landscaping in the park.

Members of City Council and City Manager Lawson participated in the discussion on this item.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission and approved SUP #98-0048 (East End Park), subject to compliance with all applicable codes, ordinances and staff recommendations; and noted the deferral of the West Park, SUP #98-0049. The voting was as follows:

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

28. SPECIAL USE PERMIT #98-0067 — 615 NORTH SAINT ASAPH STREET — PORTNER’S LANDING -- Public Hearing and Consideration of a request for an amendment to the Portner’s Landing site special use permit to allow a reduction in open space; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Madison Homes, Inc., by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/13/98, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Harry P. Hart, 307 North Washington Street, attorney for the applicant, spoke in support of the application with amendments to conditions 60 and 61, and the added conditions 62 and 63; and

Marian L. Clarke, 400 Madison Street, #709, representing the Old Town North Community Association, and Alexandria House Condominium, had no objections to the decrease in open space.

Stephen Kulinski, 103 East Rosemont Street, architect representing Madison Homes, Inc., was available to answer questions.

Council Member Walker stated that the open space requirement is important, and noted that at the Planning Commission that John Komoroske raised the question of whether in these really tight developments whether we could eventually start some kind of fund for creation of open space which is open space which is useable by everybody. She had hoped that maybe the $20,000 from this development may be some money to go to at least providing trees in the tree fund.
She indicated that in the long range that we need to develop in our City a method of allowing some of these denser developments, but also making provision within the City for open space, pocket parks, additional trees and anything that we can do to provide more green cover within the City.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all of the applicable codes, ordinances and staff recommended conditions, with a change to staff condition #60 changing the dollar amount from $20,000 to $10,000, condition #61 changing the dollar amount from $20,000 to $10,000, adding condition #62 with regard to the encroachment for the breakfast nooks which shall be offered to the purchasers of each unit as an option rather than a required part of the unit, and adding condition #63 with regard to the payment of the total $20,000 to be made prior to the issuance of the occupancy permit. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered docket item nos. 30 and 31 together and under one motion.

30. SPECIAL USE PERMIT #98-0054 — 710 KING STREET — LA COSTA DEL SOL RESTAURANT -- Public Hearing and Consideration of a review of a special use permit and a request to extend the hours and add entertainment for a restaurant; zoned CD/Commercial Downtown. Applicant: EPS, Inc., trading as La Costa Del Sol, by Richard A. Polhamus.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/13/98, and is incorporated herewith as part of this record by reference.)

31. SPECIAL USE PERMIT #98-0055 — 714 KING STREET — LAS TAPAS RESTAURANT -- Public Hearing and Consideration of a review of a special use permit and a request to expand an existing restaurant; zoned CD/Commercial Downtown. Applicant: EPS, Inc., trading as Las Tapas, by Richard A. Polhamus.
(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/13/98, and is incorporated herewith as part of this record by reference.)

Councilman Speck directed questions to Planning and Zoning Director Lynn, and Faye Sas, applicant, who indicated she will adhere to all of the requirements.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendations for docket item nos. 30 and 31; which recommendations are as follows:

30. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

31. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

32. SPECIAL USE PERMIT #98-0070 — 420 EAST MONROE AVENUE — YMCA - ALEXANDRIA BRANCH -- Public Hearing and Consideration of a request for a special use permit amendment to allow a temporary trailer for summer day camp use; zoned R-2-5/Residential. Applicant: Alexandria Branch YMCA, by Barbara Wesley.

(A copy of the Planning Commission report dated June 2, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/13/98, and is incorporated herewith as part of this record by reference.)

The following person participated in the public hearing on this item:

Keith Smith, 1409 Wayne Street, representing the applicant, spoke in support.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to bring its provisions regarding the city's procurement of goods, services, insurance and construction into compliance with the mandatory provisions of the Virginia Public Procurement Act, and by making other revisions to such provisions. (#17 6/9/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 28, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/13/98, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4004

AN ORDINANCE (1) to amend and reordain subsection (a) of Section 3-3-2 (APPLICATION) and Section 3-3-6 (DEFINITIONS), of Article A (GENERAL PROVISIONS); (2) to amend and reordain Section 3-3-21 (AGREEMENTS WITH OTHER PUBLIC BODIES OR INSTITUTIONS) and Section 3-3-24 (PURCHASES UNDER CONTRACTS COMPETITIVELY ENTERED BY OTHER PUBLIC BODIES), of Article C (COOPERATIVE PROCUREMENT); (3) to amend and reordain Section 3-3-32 (COMPETITIVE BIDDING ON STATE AID PROJECTS), Section 3-3-35 (PREQUALIFICATION OF BIDDERS), Section 3-3-41 (REJECTION OF BIDS), Section 3-3-42 (BID OPENING), Section 3-3-43 (WITHDRAWAL OF BID), Section 3-3-51 (RETAINAGE ON CONSTRUCTION CONTRACTS) and subsection (b) of Section 3-3-55 (ALTERNATIVE FORMS OF SECURITY), and to enact new Section 3-3-56 (PROMPT PAYMENT TO CITY CONTRACTORS), of Division 1 (COMPETITIVE SEALED BIDDING), to amend and reordain Section 3-3-62 (CONDITIONS FOR USE), Section 3-3-69 (CONTRACTING FOR PROFESSIONAL SERVICES BY COMPETITIVE NEGOTIATION), and to enact new Section 3-3-70 (DESIGN-BUILD AND CONSTRUCTION MANAGEMENT CONTRACTS), of Division 2 (COMPETITIVE NEGOTIATION), and to amend and reordain Section 3-3-71 (SOLE SOURCE PROCUREMENT), Section 3-3-72 (SMALL PURCHASES) and subsection (b) of Section 3-3-73 (MISCELLANEOUS SOURCES), and to enact new Section 3-3-76 (PURCHASE AT PUBLIC AUCTION) and new Section 3-3-77 (INCENTIVE CONTRACTING), of Division 3 (MISCELLANEOUS PROVISIONS), all of Article D (CONTRACT FORMATION AND METHODS OF SOURCE SELECTION); (4) to amend and reordain Section 3-3-81 (PROCEDURE) of Article E (DISPOSAL OF SURPLUS PROPERTY); (5) to amend and reordain subsection (a) of Section 3-3-101 (INELIGIBILITY OF BIDDER, OFFEROR OR CONTRACTOR), Section 3-3-103 (DETERMINATION OF NONRESPONSIBILITY), subsection (a) of Section 3-3-104 (PROTEST OF AWARD OR DECISION TO AWARD), Section 3-3-106 (STAY OF AWARD DURING PROTEST) and subsection (a) of Section 3-3-108 (LEGAL ACTIONS), of Article G (APPEALS AND REMEDIES FOR BID PROTESTS); (6) to amend and reordain Section 3-3-121 (PURPOSE), subsection (c) of Section 3-3-122 (DEFINITIONS) and Section 3-3-128 (PURCHASE OF BUILDING MATERIALS, ETC., FROM ARCHITECT OR ENGINEER PROHIBITED), and to enact new Section 3-3-131 (PARTICIPATION IN BID PREPARATION; LIMITATION ON SUBMITTING BID FOR SAME PROCUREMENT), new Section 3-3-132 (CERTIFICATION OF COMPLIANCE REQUIRED; PENALTY FOR FALSE STATEMENTS) and new Section 3-3-133 (MISREPRESENTATIONS PROHIBITED), of Article I (ETHICS IN PUBLIC CONTRACTING), all of Chapter 3 (PROCUREMENT), 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 subsection (a) of Section 3-3-2 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. 3-3-2 Application.

(a) This chapter and the policies set forth in this chapter apply to contracts for the procurement of goods, services, insurance and construction entered into by the city whether the city provides monetary or nonmonetary consideration for the goods, services, insurance or construction procured.

Section 2. That Section 3-3-6 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. 3-3-6 Definitions.

(1) Brand name specification: A specification limited to one or more items by manufacturers' names or catalogue numbers.

(2) Brand name or equal specification: A specification limited to one or more items by manufacturers' names or catalogue numbers to describe the standard of quality, performance and other salient characteristics needed to meet city requirements, and which provides for the submission of equivalent products.

(3) City council: The city council of the City of Alexandria.

(4) City purchasing agent or agent: The purchasing agent of the City of Alexandria.

(5) Construction management contract: A contract in which a party is retained by the city to coordinate and administer contracts for the provision of construction services by others, and which also provides for such party to furnish construction services to the city.

(6) Construction: Building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property.

(7) Contract: All types of agreements, regardless of what they may be called, for the procurement of goods, services, insurance or construction.

(8) Contract modification: Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provision of any contract accomplished by mutual action of the parties to the contract.

(9) Contractor: Any person having a contract with the city or a using agency thereof.

(10) Cost analysis: The valuation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid and costs to be reimbursed.

(11) Cost data: Factual information concerning the cost of labor, material, overhead and other cost elements which are expected to be incurred or which have been actually incurred by the contractor in performing the contract.

(12) Cost reimbursement contract: A contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this chapter and a fee or profit, if any.

(13) Design-build contract: A contract in which the contractor agrees to both design and build a structure, roadway or other item specified in the contract.

(14) Direct or indirect participation: Involvement through decision, approval, disapproval, recommendation, or preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity.

(15) Disadvantaged business: A small business which is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages.

(16) Employee: An individual drawing a salary or wages from the city whether elected or not; any noncompensated individual performing personal services for the city or any department, agency, commission, council, board or any other entity established by law.

(17) Goods: All material, equipment, supplies, printing and automated data processing hardware and software.

(18) Informality: A minor defect or variation of a bid or proposal from the exact requirements of the invitation for bids, or the request for proposals, which does not affect the price, quality, quantity or delivery schedule for the goods, services, insurance or construction being procured.

(19) Insurance: A contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils.

(20) Invitation for bids: All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids. No confidential or proprietary data shall be solicited in any invitation for bids.

(21) Multiphase professional services contract: A contract for the provision of professional services in multiple phases where the total scope of work in the second or a subsequent phase of the contract cannot be specified without the results of the first or other phase of the contract.

(22) Nominal value: So small, slight or the like, in comparison to what might properly be expected, as scarcely to be entitled to the name, but in no case to be more than $10.

(23) Nonprofessional services: Any services not specifically identified as professional services in the following definition.

(24) Professional services: Work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering.

(25) Person: Any business, individual, union, committee, club, other organization or group of individuals.


(26) Price analysis: The evaluation of pricing data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.

(27) Pricing data: Factual information concerning prices for items substantially similar to those being procured. Prices in this definition refer to offer or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and subcontract prices.

(28) Public body: Any legislative, executive or judicial body, agency, office, department, authority, commission, committee, institution, board, political subdivision or other entity created by law to exercise some sovereign power or to perform some governmental duty.

(29) Public contract: Any contract between the city and a nongovernmental source that is enforceable in a court of law.

(30) Qualified products list: An approved list of goods, services or construction items described by model or catalogue number, which prior to competitive solicitation, the city has determined will meet the applicable specification requirements.

(31) Request for proposals: All documents, whether attached or incorporated by reference, utilized for soliciting proposals.

(32) Responsible bidder or offeror: A person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance and who has been prequalified, if required.

(33) Responsive bidder or offeror: A person who has submitted a bid or proposal which conforms in all material respects to the invitation for bids or request for proposals.

(34) Services: Any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials or the rental of equipment, materials and supplies.

(35) Small business: A United States business which is independently owned and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field of operation.

(36) Specification: Any description of the physical or functional characteristics or of the nature of a good, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a good, service or construction item for delivery.

(37) Using agency: Any department, agency, commission, office, bureau or other unit in the city government requiring goods, services, insurance or construction.

Section 3. That Section 3-3-21 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. 3-3-21 Agreements with other public bodies or institutions.

The city may participate in, sponsor, conduct or administer a cooperative procurement agreement with one or more other public bodies or private not-for-profit health or educational institutions, for the purpose of combining requirements to increase efficiency or reduce administrative expenses. Any public body or other entity which enters into a cooperative procurement agreement with the city shall comply with the policies and procedures established by this chapter.

Section 4. That Section 3-3-24 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. 3-3-24 Purchases under contracts competitively entered by other public bodies.

Notwithstanding any other provision of this chapter to the contrary, the city may make purchases of goods and services from nongovernmental vendors under contracts that the vendors have entered, pursuant to a competitive procurement process, with one or more other public bodies, whether or not those contracts expressly provide for purchases by other public bodies. Prior to any city purchase under a contract entered by another public body, the purchasing agent shall find that the process pursuant to which the contract was entered generally complied with the policies and procedures established by this chapter.

Section 5. That Section 3-3-32 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. 3-3-32 Competitive bidding on state aid projects.

No contract for the construction of any building or for an addition to or improvement of an existing building for which state funds of not less than $30,000, in the aggregate or for the sum of all phases of a contract or project, either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of the construction, addition or improvement shall be let except after competitive sealed bidding or competitive negotiation as provided under subsection (b) of section 3-3-62. The procedure for the advertising for bids or the submission of proposals and the letting of the contract shall conform, mutatis mutandis, to this chapter. No person or firm shall be eligible to bid on or submit a proposal for any such contract, or to have the same awarded to him or it, who or which has been engaged as architect or engineer for the same project under a separate contract.

Section 6. That Section 3-3-35 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. 3-3-35 Prequalification of bidders.

(a) The purchasing agent is authorized to prequalify prospective bidders prior to the issuance of any invitation for bids, whether for goods, services, insurance or construction, as provided in this section; provided, that opportunity to prequalify shall be given to any prospective bidder who has not been suspended or debarred under this chapter.

(b) For purposes of prequalification, the purchasing agent shall prepare an application form that sets forth the criteria, based on the standards set forth in subsection (f), upon which the qualifications of prospective bidders will be evaluated. The application form shall request of prospective bidders only such information as is appropriate for an objective evaluation of all prospective bidders pursuant to such criteria. Such application form shall allow the prospective bidder seeking prequalification to request, by checking the appropriate box, that all information voluntarily submitted by the prospective bidder pursuant to this subsection shall be considered a trade secret or proprietary information subject to the provisions of section 3-3-33.

(c) In all instances in which the city requires prequalification of prospective bidders, advance notice shall be given of the deadline for submission of prequalification applications. The deadline for submission shall be sufficiently in advance of the date set for the submission of bids so as to allow the procedures set forth in this section to be accomplished.

(d) At least 30 days prior to the date established for submission of bids under the procurement of the contract for which the prequalification applies, the city shall advise in writing each prospective bidder which has submitted an application whether that prospective bidder has been prequalified. In the event that a prospective bidder is denied prequalification, the written notification to such prospective bidder shall state the reasons for denial of such prequalification and the factual basis of such reasons.

(e) A decision by the purchasing agent denying prequalification under the provisions of this section shall be final and conclusive unless the prospective bidder appeals the decision as provided in section 3-3-101.

(f) The city may deny prequalification to any prospective bidder only if the purchasing agent finds one of the following:

(1) The prospective bidder does not have sufficient financial ability to perform the contract. If a bond is required to ensure performance of a contract, evidence that the prospective bidder can acquire a surety bond from a corporation included on the United States Treasury list of acceptable surety corporations in the amount and type required by the city shall be sufficient to establish such financial ability.

(2) The prospective bidder does not have appropriate experience to perform the contract.

(3) The prospective bidder, or any officer, director or owner of the prospective bidder, has had judgments entered against him within the past 10 years for breach of contract.

(4) The prospective bidder has been in substantial noncompliance with the terms and conditions of one or more prior contracts with a public body without good cause. If the city has not previously contracted with a prospective bidder, the city may deny prequalification if the prospective bidder has been in substantial noncompliance with the terms and conditions of comparable contracts with another public body without good cause. The city may not utilize this provision to deny prequalification unless the facts underlying such substantial noncompliance were documented in writing in the prior contract file and such information given to the prospective bidder at that time, with the opportunity to respond.

(5) The prospective bidder or any officer, director, owner, project manager, procurement manager or chief financial official of the prospective bidder has been convicted within the past 10 years of a crime related to contracting.

(6) The prospective bidder or any officer, director or owner of the prospective bidder is currently debarred pursuant to an established debarment procedure from bidding or contracting by any public body.

(7) The prospective bidder failed to provide to the city in a timely manner any information requested by the city relevant to subsections (1) through (6) of this subsection.

(g) Prequalification of a prospective bidder shall not constitute a conclusive determination that the prospective bidder is responsible, and such prospective bidder may be rejected as nonresponsible on the basis of subsequently discovered information.

(h) Failure of a prospective bidder to prequalify with respect to a given procurement shall not bar the prospective bidder from seeking prequalification as to future procurements or from bidding on procurements which do not require prequalification.

Section 7. That Section 3-3-41 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. 3-3-41 Rejection of bids.

(a) An invitation for bids, a request for proposals or another solicitation may be canceled, or any or all bids or proposals may be rejected, in whole or in part, when the purchasing agent determines that it is in the best interest of the city to do so. The reasons therefor shall be made a part of the record in the matter. The purchasing agent shall not cancel or reject an invitation for bids, a request for proposals or another solicitation solely to avoid awarding a contract to a particular responsive and responsible bidder or offeror.

(b) The purchasing agent may waive informalities in bids.

Section 8. That Section 3-3-42 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. 3-3-42 Bid opening.

Bids shall be submitted sealed to the purchasing agent and shall be identified as bids on the envelope. Bids shall be opened publicly at the time and place designated in the invitation for bids. The amount of each bid and such other relevant information as the purchasing agent deems appropriate, together with the name of each bidder, shall be recorded. Except as provided in section 3-3-33(c) and (d), bid records shall be open to public inspection only after the award of the contract.

Section 9. That Section 3-3-43 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. 3-3-43 Withdrawal of bid.

(a) A bidder for a public contract may withdraw his bid from consideration at any time prior to the commencement of the bid opening procedure by notifying the purchasing agent in writing of such withdrawal.

(b) A bidder for a public contract, may withdraw his bid from consideration subsequent to the commencement of the bid opening procedure if the price bid was substantially lower than the other bids due solely to a mistake therein; provided, (i) that the bid was submitted in good faith, (ii) that the mistake was a clerical mistake as opposed to a mistake in judgment and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the bid, and (iii) that the unintentional nature of the arithmetic error or omission is clearly shown to the satisfaction of the purchasing agent by objective evidence drawn from original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

(c) The procedure for bid withdrawal subsequent to commencement of the bid opening procedure must be stated in the advertisement for bids and shall include the following procedures:

(1) The bids shall be opened one day following the time fixed by the city for the submission of bids. The bidder shall give notice in writing of his claim of right to withdraw his bid within two hours after the conclusion of the bid opening procedure.

(2) The bidder shall submit to the purchasing agent by the close of business on the second business day after such notice of claim his original work papers, documents and materials used in the preparation of the bid.

(3) Such notice of claim and work papers, documents and materials shall be delivered to the purchasing agent by the bidder in person or by registered mail.

(4) A contract shall not be awarded by the city until the two-hour period in subsection (1) has elapsed. If a notice of claim is received from the apparent low bidder within such two-hour period, a contract shall not be awarded until the purchasing agent has determined whether to allow the withdrawal of the bid. This determination shall be made in writing within 10 days of receipt of the notice of claim, and may be based only upon the original work papers, documents and materials delivered as required herein.

(d) No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or on a bid of another bidder in which the ownership of the withdrawing bidder is more than five percent.

(e) If a bid is permitted to be withdrawn under subsection (b), following a determination by the purchasing agent, the lowest remaining bid shall be deemed to be the low bid.

(f) No bidder who withdraws a bid under subsection (a) or is permitted to withdraw a bid under subsection (b) shall, for compensation, supply any material or labor to, or perform any subcontract or other work for, the person or firm to whom the contract is awarded, or shall otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

(g) If the purchasing agent denies the withdrawal of a bid under the provisions of subsection (b), he shall notify the bidder in writing stating the reasons for his decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder.

Section 10. That Section 3-3-51 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. 3-3-51 Retainage on construction contracts.

(a) In any public contract for construction which provides for progress payments in installments based upon an estimated percentage of completion, the contractor shall be paid at least 95 percent of the earned sum when each payment is due, with not more than five percent being retained from each payment to assure faithful performance of the contract. All amounts withheld may be included in the final payment.

(b) Contracts of $200,000 or more for construction of highways, roads, streets, bridges, parking lots and miscellaneous drainage structures, for demolition, clearing, grading, excavating, paving and pile driving, and for installation of water, gas and sewer lines, and pumping stations, where portions of the contract price are to be retained, shall include in the invitation for bids an option for the contractor to use an escrow account procedure for utilization of the retainage funds. In the event the contractor elects to use the escrow account procedure, the contractor shall submit an escrow agreement form, executed by the appropriate parties, within 15 calendar days after notification of award. If the escrow agreement form is not submitted within the 15-day period, the contractor shall forfeit its rights to use of the escrow account procedure. The escrow agent shall be a trust company, bank or savings institution with its principal office located in the Commonwealth. The escrow agreement and all regulations promulgated by the city shall be substantially the same as those used by the Virginia Department of Transportation.

(c) Any public contract which includes payment of interest on retained funds shall contain a provision whereby the contractor, exclusive of reasonable circumstances beyond the control of the contractor stated in the contract, shall pay a specified penalty for each day exceeding the completion date stated in the contract.

(d) Any subcontract for a public project which provides for similar progress payments shall be subject to the provisions of this section.

Section 11. That subsection (b) of Section 3-3-55 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:

(b) If approved by the city attorney, a bidder may furnish a personal bond, property bond, or bank or savings institution's letter of credit on certain designated funds in the face amount required for the bid, payment or performance bond. Approval shall be granted only upon a determination that the alternative form of security proffered affords protection to the city equivalent to the corporate surety's bond.


Section 12. That Chapter 3 of Title 3 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended by adding new section 3-3-56 to read as follows:

Sec. 3-3-56 Prompt payment to city contractors.

(a) Every using agency that acquires goods or services pursuant to a public contract, or conducts any other type of contractual business, with a contractor shall promptly pay for the completed delivered goods or services by the required payment date, which shall be either (i) the date on which payment is due under the terms of the contract, or (ii) if such date is not established by the contract, the date which is 45 days after goods or services are received or the invoice is rendered, whichever is later.

(b) Notwithstanding anything to the contrary contained in this section, payment shall be deemed to have been made when offset proceedings have been instituted, as authorized under the Virginia Debt Collection Act (section 2.1-726 et seq., Code of Virginia (1950), as amended).

(c) Within 30 days after receipt of the invoice or the goods or services, whichever is later, the using agency shall notify the contractor of any defect or impropriety which would prevent payment by the required payment date.

(d) Unless otherwise provided in the contract, every using agency that fails to pay by the required payment date shall pay any finance charges assessed by the contractor which do not exceed one percent per month.

(e) In those cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made for purposes of this section.

Section 13. That Section 3-3-62 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. 3-3-62 Conditions for use.

(a) Upon a determination made in advance by the purchasing agent and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, goods, services or insurance may be procured by competitive negotiation. The writing shall document the basis for this determination. Notwithstanding the foregoing, upon a determination made in advance by the purchasing agent that the procurement of insurance by competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed broker or agent selected through competitive negotiation. The basis for this determination shall be documented in writing.

(b) Construction may be procured only by competitive sealed bidding, except that competitive negotiation may be used in the following instances upon a determination made in advance by the purchasing agent and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, which writing shall document the basis for this determination:

(1) The alteration, repair, renovation or demolition of buildings when the contract is expected to equal or be less than $500,000;

(2) The construction of highways, streets and alleys; or

(3) The draining, dredging, excavation or grading of, or similar work upon, real property.

Section 14. That Section 3-3-69 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. 3-3-69 Contracting for professional services by competitive negotiation.

(a) Professional services shall be procured by competitive negotiation.

(b) The purchasing agent shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project and to explore alternative concepts of performance of the contract. The request for proposals shall not seek estimates of person hours or costs for services. However, these discussions may encompass nonbinding estimates of total project costs, including where appropriate design, construction and life cycle costs. Methods to be utilized in arriving at the price for services may also be discussed. Proprietary information from competitive offerors shall not be disclosed to the public or to competitors. At the conclusion of the discussions and on the basis of evaluation factors published in the request for proposals and all information developed in the selection process to this point, the purchasing agent shall select in the order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the city can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations shall be conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. If, at the conclusion of the discussions, the purchasing agent determines in writing and in his sole discretion that only one offeror is fully qualified or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror. Once formally terminated, negotiations may not be reopened with any offeror.

(c) With respect to the procurement of legal services, the duties and responsibilities imposed upon the purchasing agent in subsection (b) above shall devolve upon the city attorney.

(d) Multiphase professional services contracts satisfactory and advantageous to the city may be negotiated and awarded based on a fair and reasonable price for the first phase only, when completion of the earlier phases is necessary to provide information critical to the negotiation of a fair and reasonable price for succeeding phases.

Section 15. That Chapter 3 of Title 3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is amended by adding new section 3-3-70 to read as follows:

Sec. 3-3-70 Design-build and construction management contracts.

(a) While the competitive sealed bid process remains the preferred method of construction procurement for the city, the city may enter into a contract for construction on a fixed price or not-to-exceed price design-build or construction management basis, provided the city complies with the requirements of this section and has obtained the approval of the Commonwealth of Virginia Design-Build/Construction Management Review Board (the Review Board) pursuant to section 11-41.2:5 of the Code of Virginia (1950), as amended.

(b) Prior to making a determination as to the use of design-build or construction management for a specific construction project, the city shall employ or contract with a licensed architect or engineer with professional competence appropriate to the project to advise the city regarding the use of design-build or construction management for that project and to assist in the preparation of the request for qualifications and the request for proposals.

(c) The following procedures shall be followed in the selection and evaluation of offerors and award of design-build and construction management contracts:

(1) Prior to the issuance of a request for qualifications, the purchasing agent shall:

(i) determine that a design-build or construction management contract is more advantageous for the construction project than a competitive sealed bid construction contract, that there is benefit to the city in using a design-build or construction management contract, and that competitive sealed bidding is not practical or fiscally advantageous. The basis for this determination shall be documented in writing; and

(ii) obtain approval by the Review Board of the use of a design-build or construction management contract for the construction project.

(2) Upon approval by the Review Board of the use of a design-build or construction management contract, the purchasing agent shall appoint an evaluation committee of not less than three members, one of whom shall be the architect or professional engineer employed by or under contract with the city pursuant to subsection (b).

(3) Prequalification of potential offerors.

(i) The purchasing agent shall issue a notice of request for qualifications from potential offerors by posting on a public bulletin board and advertising in a newspaper of general circulation in the city at least 10 days preceding the last day set for the receipt of qualifications. The request for qualifications shall indicate in general terms that which is sought to be procured, specifying the criteria which will be used in evaluating the potential offerors' qualifications, including any unique capabilities or qualifications which will be required of offerors. The request for qualifications shall request of potential offerors only such information as is appropriate for an objective evaluation of all potential offerors pursuant to such criteria.

(ii) The evaluation committee shall evaluate each responding potential offeror’s qualifications submittal and any other relevant information, and shall select a minimum of two offerors deemed fully qualified and best suited on the basis of the criteria contained in the request for qualifications. Within 30 days of the date established for the submission of qualifications, the purchasing agent shall advise in writing each potential offeror whether that offeror has been selected. In the event that a potential offeror is not selected, the written notification to such potential offeror shall state the reasons therefor.

(4) Request for proposals.

(i) The purchasing agent shall issue a request for proposals to the selected offerors at least 10 days prior to the date set for receipt of proposals. The request for proposals shall include and define the requirements of the specific construction project in areas such as site plans, floor plans, exterior elevations, basic building envelope materials, fire protection information plans, structural, mechanical (HVAC) and electrical systems, and special telecommunications. The request for proposals may also define such other requirements as the purchasing agent deems appropriate for the construction project. In the case of a construction management contract, the request for proposals shall also define the pre-design, design phase, bid phase and/or construction phase services to be performed by the construction manager. The request for proposals shall specify the evaluation criteria to be used by the evaluation committee to evaluate proposals.

(ii) Each selected offeror shall submit a cost proposal and a technical proposal. Cost proposals shall be sealed separately from technical proposals and, in the case of a construction management contract, shall include the offeror's lump sum price for all requested pre-construction phase services. Upon receipt of an offeror's technical and cost proposals, the offeror's cost proposal shall be secured by the purchasing agent and kept sealed until evaluation of all technical proposals is completed.

(iii) The evaluation committee shall evaluate each technical proposal based on the criteria set forth in the request for proposals. Based upon its review of each offeror's technical proposal, the evaluation committee shall determine whether any changes to the request for proposals should be made to correct errors or omissions or to clarify ambiguities in the request for proposals, or to incorporate project improvements or additional details identified by the committee during its review. Any such changes shall be set out in an addendum to the request for proposals. Each offeror shall be provided an opportunity to amend or supplement its technical proposal to address the changes.

(iv) Based on final technical proposals, the evaluation committee shall conduct negotiations with the offerors. After negotiations have been conducted, offerors may submit sealed additive and/or deductive modifications to their cost proposals.

(v) Following receipt of the cost proposal modifications, the evaluation committee shall publicly open, read aloud and tabulate the cost proposals including any modifications submitted by an offeror.

(5) Final selection of design-builder.

(i) Following opening of cost proposals, the evaluation committee shall make its recommendation to the purchasing agent based upon its evaluation and negotiations.



(ii) Following receipt of the recommendation of the evaluation committee, the purchasing agent, unless otherwise specified in the request for proposals, shall award the design-build contract to the offeror which has submitted an acceptable technical proposal at the lowest cost.

(6) Final selection of construction manager.

(i) Following the opening of cost proposals, the evaluation committee shall make its recommendation to the purchasing agent based on its evaluation and negotiations. In making its recommendation, price shall be considered, but need not be the sole determining factor. Notwithstanding the foregoing, if prior to receipt of the recommendation from the evaluation committee, the purchasing agent determines in writing that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the other offerors under consideration, a contract may be negotiated and awarded to that offeror.

(ii) Following receipt of the recommendation of the evaluation committee, the purchasing agent shall select the offeror which, in his opinion, has made the best proposal, and shall award the contract to that offeror.

(iii) For any guaranteed maximum price construction management contract, the contract shall provide that not more than 10 percent of the construction work (measured by the cost of the work) shall be performed by the construction manager with its own forces, that the remaining 90 percent of the construction work shall be performed by subcontractors of the construction manager, and that the construction manager shall procure such work by competitive sealed bidding or competitive negotiation.

(7) Trade secrets or proprietary information provided by an offeror in response to a request for qualifications or a request for proposals shall not be disclosed to the public or to competitors, provided the offeror has invoked protection pursuant to section 3-3-33.

(8) The city shall submit information for post-project evaluation when requested by the Review Board.

(d) Subject to the approval of the city manager, the purchasing agent may promulgate such additional procedures, not inconsistent with the provisions of this section or the rules and regulations of the Review Board, and consistent with the procedures for the procurement of nonprofessional services through competitive negotiation, as he deems necessary and appropriate to effect the selection and evaluation of offerors and the award of design-build and construction management contracts.

Section 16. That Section 3-3-71 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. 3-3-71 Sole source procurement.

Upon a determination by the purchasing agent in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. In such event, the purchasing agent shall issue a written notice stating that only one source was determined to be practicably available and identifying that which is being procured and the contractor selected. Such notice shall be posted in a designated public area on the date of decision to award the contract or the date of announcement of such award, whichever occurs first.

Section 17. That Section 3-3-72 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. 3-3-72 Small purchases.

Any contract not exceeding $30,000 may be made in accordance with small purchase procedures; provided, however, that contract requirements shall not be artificially divided so as to constitute a small purchase under this section. Insofar as it is practical, no less than three businesses shall be solicited to submit quotations. Award shall be made to the business offering the lowest acceptable quotation. The name of the business submitting a quotation, and the date and amount of each quotation, shall be recorded and maintained as a public record.

Section 18. That subsection (b) of Section 3-3-74 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:

(b) (i) Legal services, and (ii) expert witnesses and other services associated with actual or potential litigation or regulatory proceedings.

Section 19. That Chapter 3 of Title 3 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended by adding new sections 3-3-76 and 3-3-77 to read as follows:

Sec. 3-3-76 Purchase at public auction.

Upon a written determination documented and made in advance by the purchasing agent that the purchase of goods from a public auction sale is in the best interests of the city, such items may be purchased at public auction.

Sec. 3-3-77 Incentive contracting.

The purchasing agent may adopt procedures, subject to approval by the city manager, which provide for use of incentive contracting. Such procedures may provide for the contractor to share in any cost savings realized by the city when project costs are reduced by the contractor, without affecting project quality, during the contract. The fee, if any, charged by a project engineer or architect for determining such cost savings shall be paid as a separate cost and shall not be calculated as part of any cost savings.

Section 20. That Section 3-3-81 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. 3-3-81 Procedure.

(a) All using agencies shall submit to the purchasing agent at such time and in such form as he shall prescribe, reports showing stocks of all supplies and other property which are no longer used, have become obsolete, worn out or unusable, or are otherwise surplus.

(b) The purchasing agent shall have the authority to transfer such surplus property to other using agencies.

(c) The purchasing agent, with the consent of the city manager, shall have the authority to sell all surplus property, or to exchange the same for or trade in the same on new property. Except as provided in subsection (d), all sales of such surplus property shall be made to the highest responsible bidder.

(d) Upon a written determination by the purchasing agent that it is in the best interests of the city, surplus property may be sold to another public body at a fair and reasonable negotiated price without seeking competitive bids.

Section 21. That subsection (a) of Section 3-3-101 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. 3-3-101 Ineligibility of bidder, offeror or contractor.

(a) Any bidder, offeror or contractor declared ineligible to participate in public contracts shall be notified in writing. Such notice shall state the reasons for the action taken. This decision shall be final unless the bidder, offeror or contractor appeals within 30 days of receipt by invoking the administrative procedures set forth in the contract, if any, or in the alternative by instituting legal action as provided in section 3-3-108 of this chapter.

Section 22. That Section 3-3-103 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. 3-3-103 Determination of nonresponsibility.

(a) If the purchasing agent preliminarily determines that a bidder responding to an invitation for bids who, despite being the apparent low bidder, is not a responsible bidder for a particular contract, the purchasing agent shall proceed as follows:

(1) Prior to the issuance of a written determination of nonresponsibility, the purchasing agent shall (i) notify the apparent low bidder in writing of the preliminary determination, (ii) disclose the factual support for the preliminary determination, and (iii) allow the apparent low bidder an opportunity to inspect any documents which relate to the preliminary determination, if so requested by the bidder within five business days after receipt of the notice.

(2) Within 10 business days after receipt of the notice, the bidder may submit rebuttal information challenging the preliminary determination. The purchasing agent shall issue a final determination of responsibility based on all information in his possession, including any rebuttal information, within five business days of the date the purchasing agent receives the rebuttal information. At the same time, the purchasing agent shall send the bidder written notice of his final determination, certified mail, return receipt requested.

(3) Such notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within 10 days of receipt by invoking the administrative procedures set forth in the contract, if any, or in the alternative, by instituting legal action as provided in section 3-3-108.

(4) The provisions of this subsection shall not apply to procurements involving the prequalification of bidders and the rights of any potential bidders under such prequalification to appeal a decision that such bidders are not responsible.

(b) If, upon appeal, it is determined that the decision of the purchasing agent was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, and the award of the contract in question has not been made, the sole relief shall be a finding that the bidder is a responsible bidder for the contract in question. If it is determined that the decision of the purchasing agent was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, the relief shall be as set forth in section 3-3-104(b).

(c) A bidder contesting a determination that he is not a responsible bidder for a particular contract shall proceed under this section, and may not protest the award or proposed award under section 3-3-104.

(d) Nothing contained in this section shall be construed to require the city when procuring by competitive negotiation to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.

Section 23. That subsection (a) of Section 3-3-104 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:

(a) Any bidder or offeror may protest the award or decision to award a contract by submitting such protest in writing to the purchasing agent no later than 10 days after the award or the announcement of the decision to award, whichever occurs first. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The purchasing agent shall issue a decision in writing within 10 days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within 10 days of the written decision by invoking the administrative procedures set forth in the contract, if any, or in the alternative by instituting legal action as provided in section 3-3-108 of this chapter. Nothing in this section shall be construed to permit a bidder or offeror to challenge the validity of the terms or conditions of the invitation for bids or request for proposals.

Section 24. That Section 3-3-106 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. 3-3-106 Stay of award during protest.

An award need not be delayed for the period allowed a bidder or offeror to protest, but in the event of a timely protest under section 3-3-104, no further action to award the contract shall be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire.

Section 25. That subsection (a) of Section 3-3-108 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. 3-3-108 Legal actions.

(a) A bidder or offeror, actual or prospective, who is determined to be ineligible to participate in bidding or to respond to a request for proposals, or who is determined not to be a responsible bidder or offeror for a particular contract, may bring an action in the circuit court of the City of Alexandria challenging that decision, which shall be reversed only if the petitioner establishes that the decision was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, or, in the case of the denial of prequalification, that the decision to deny prequalification was not based upon the criteria for denial of prequalification set forth in section 3-3-35(f) of this chapter. The provisions of section 3-3-104(b) shall apply to any decision of the circuit court.

Section 26. That Section 3-3-121 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. 3-3-121 Purpose.

The provisions of this article supplement but do not supersede other provisions of law including, but not limited to, the State and Local Government Conflict of Interests Act (section 2.1-639.1, et seq., Code of Virginia (1950), as amended), the Virginia Governmental Frauds Act (section 18.2-498.1, et seq., Code of Virginia (1950), as amended) and articles 2 (section 18.2-438, et seq.) and 3 (section 18.2-446, et seq.) of chapter 10, title 18.2, Code of Virginia (1950), as amended. The provisions of this article apply notwithstanding the fact that the conduct described may not constitute a violation of the State and Local Government Conflict of Interests Act.

Section 27. That subsection (c) of Section 3-3-122 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. 3-3-122 Definitions.

(c) Pecuniary interest arising from the procurement: A personal interest as defined in the State and Local Government Conflict of Interests Act.

Section 28. That Section 3-3-128 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. 3-3-128 Purchase of building materials, etc., from architect or engineer prohibited.

(a) Except in cases of emergency, no building materials, supplies or equipment for any building or structure constructed by or for the city shall be sold by or purchased from any person employed as an independent contractor by the city to furnish architectural or engineering services, but not construction, for such building or structure, or from any partnership, association or corporation in which such architect or engineer has a pecuniary interest arising from the procurement.

(b) No building materials, supplies or equipment for any building or structure constructed by or for the city shall be sold by or purchased from any person who has provided or is providing design services to the independent contractor employed by the city to furnish architectural or engineering services for such building or structure, if such person (i) has specified a sole source for such materials, supplies or equipment, and (ii) has a pecuniary interest arising from the procurement in such architect or engineer.

Section 29. That Chapter 3 of Title 3 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended by adding new sections 3-3-131, 3-3-132, and 3-3-133, to read as follows:

Sec. 3-3-131 Participation in bid preparation; limitation on submitting bid for same procurement.

No person who, for compensation, prepares an invitation for bids or request for proposals for or on behalf of the city shall submit a bid or proposal for that procurement or any portion thereof or disclose to any bidder or offeror information concerning the procurement which is not available to the public. However, the purchasing agent may permit such person to submit a bid or proposal for that procurement or any portion thereof if the purchasing agent determines that the exclusion of such person would limit the number of potential qualified bidders or offerors in a manner contrary to the best interests of the city.

Sec. 3-3-132 Certification of compliance required; penalty for false statements.

The city manager may require employees having official responsibility for procurement transactions to annually submit a written certification that they complied with the provisions of this article. Any employee who knowingly makes a false statement on such a certification shall be punished as provided in section 3-3-129.

Sec. 3-3-133 Misrepresentations prohibited.

No employee, in the exercise of official duties in a procurement transaction, shall knowingly falsify, conceal, or misrepresent a material fact, knowingly make any false, fictitious or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry.

Section 30. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *





34. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code (i) to require taxpayers to reimburse certain administrative costs incurred by the city in the collection of delinquent taxes; (ii) to increase the fee for a bad check presented to the city from $10 to $25; (iii) to establish the theft of a motor vehicle license decal as a class 1 misdemeanor; and (iv) to condition the issuance of business licenses to certain contractors upon their maintenance of workers' compensation coverage. (#18 6/9/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 28, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/13/98, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4005

AN ORDINANCE to amend and reordain Section 3-2-230 (WHEN TAXES DUE; DELINQUENT TAXES; PENALTY) of Division 3 (TANGIBLE PERSONAL PROPERTY AND MACHINERY AND TOOLS), Article M (LEVY AND COLLECTION OF PROPERTY TAXES), Section 3-2-301 (GENERALLY) of Article Q (FEE FOR PASSING BAD CHECKS TO CITY), and Section 3-2-336 (OFFENSES RELATING TO LICENSE PLATE, WINDSHIELD TAG AND DECAL) of Article R (LICENSE TAXES ON MOTOR VEHICLES, TRAILERS AND SEMITRAILERS), of Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT), and to amend and reordain subsection (a)(1) of Section 9-1-11 (EXEMPTIONS) of Article A (GENERAL PROVISIONS) and Section 9-1-79 (CONTRACTORS AND CONTRACTING) of Article C (NONREGULATORY LICENSES), of Chapter 1 (BUSINESS LICENSES), Title 9 (LICENSING AND REGULATION), all of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-230 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. 3-2-230 When taxes due; delinquent taxes; penalty.

(a) The taxes levied on tangible personal property, on machinery and tools, and on mobile homes, motor vehicles, boats and trailers, except those which become subject to said tax after September 5, shall be due and payable to the director of finance on or before October 5 of the year from which they are levied and shall be considered delinquent after that date. To all of said taxes so delinquent there shall be added and collected as a part thereof a penalty of 10 percent or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of tax due. In addition thereto, interest at the rate of 10 percent per annum on the taxes and penalty shall commence on the first day following the day such taxes are due and shall continue until all such taxes and penalty are paid. There shall also be due, in addition to all penalties and interest, a fee for administrative costs incurred in the collection of such taxes, not to exceed the maximum permitted under section 58.1-3958 of the Code of Virginia (1950), as amended.

(b) The taxes levied on motor vehicles, boats and trailers which become subject to taxation between September 6 and December 31 of any given year shall be due and payable not more than 30 days after they become so subject to taxation. These taxes shall be considered delinquent if not paid on or before the thirtieth day from the date any motor vehicle, boat or trailer becomes subject to taxation. To all taxes so delinquent, there shall be added and collected as a part thereof, a penalty of 10 percent or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of tax due. In addition thereto, interest at the rate of 10 percent per annum on the taxes and penalty shall commence on the first day following the day such taxes are due and shall continue until all such taxes and penalty are paid. There shall also be due, in addition to all penalties and interest, a fee for administrative costs incurred in the collection of such taxes, not to exceed the maximum permitted under section 58.1-3958 of the Code of Virginia (1950), as amended.

Section 2. That Section 3-2-301 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. 3-2-301 Generally.

A fee of $25 shall be charged for the uttering, publishing or passing of any check or draft for payment of taxes or any other sums due to the city, which is subsequently returned for insufficient funds or because there is no account or the account has been closed.

Section 3. That Section 3-2-336 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. 3-2-336 Offenses relating to license plate, windshield tag and decal.

(a) No person shall:

(1) operate or permit a motor vehicle, trailer or semitrailer, controlled by him and subject to this article, to be operated or parked at any location in the city without first procuring and displaying the required city license plate or license windshield tag or decal or, if applicable, the license plate or license windshield tag or decal required by the county of Fairfax, Arlington or Loudoun, the city of Fairfax or Falls Church, or the town of Herndon, pursuant to the Northern Virginia Local Motor Vehicle License Compact and section 10-4-37.1 of this code;

(2) display, cause or permit to be displayed, or have in his possession any license receipt or city license plate or license windshield tag or decal, knowing the same to be fictitious or to have been altered;

(3) remove any city license plate or license windshield tag or decal from the custody of any person to whom the same has been issued by or under the authority of the director of finance;

(4) lend or knowingly permit the use, by one not entitled thereto, of any city license plate or license windshield tag or decal;

(5) use a false or fictitious name or address on any application for a city license plate or license windshield tag or decal, or knowingly make a false statement of a material fact, conceal a material fact or otherwise commit a fraud in any such application;

(6) use any city license plate or license windshield tag or decal issued under this article on any vehicle other than the vehicle for which such license plate or license windshield tag or decal was issued or to which such license plate or license windshield tag or decal was transferred by the director of finance;

(7) fail to carry the license receipt for the vehicle which he operates; or

(8) display any city license plate or license windshield tag or decal after the expiration date of such license plate or license windshield tag or decal.

(b) Upon conviction of a violation of subsection (a)(1), (a)(2), (a)(4), (a)(5), (a)(6) or (a)(8) of this section, a person shall be punished by a fine not exceeding $35; provided, that a violation of subsection (a)(1), (a)(2), (a)(6) or (a)(8), or of sections 10-4-37 and 10-4-37.1 of this code, shall not be discharged unless payment of the requisite fine is accompanied by satisfactory evidence that the required city license plate or windshield tag or decal has been obtained. Upon conviction of a violation of subsection (a)(3), a person shall be guilty of a class 1 misdemeanor. Upon conviction of a violation of subsection (a)(7), a person shall be punished by a fine of not less than $1 and not more than $10; provided, that if a person charged with such a violation presents to the department of finance or to the court to which the person has been summoned a proper license receipt, the person shall be deemed to have complied with subsection (a)(7).

(c) Subsection (a) of this section may be enforced through the issuance of citations, summonses, parking tickets or uniform traffic summonses.

Section 4. That subsection (a)(1) of Section 9-1-11 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:

(1) those exempt from the license tax under section 58.1-3703(C) of the Code of Virginia (1950), as amended;

Section 5. That Section 9-1-79 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. 9-1-79 Contractors and contracting.

(a) Every person who maintains a definite place of business in the city and engages in the business of a contractor shall pay for the privilege of doing so an annual license tax of $50 or, if the business' annual gross receipts with situs in the city equal or exceed $100,000, $0.16 for each $100 of all the business' gross receipts with such situs.

(b) Notwithstanding any contrary provision of this chapter, (i) every person who engages in the business of a contractor in the city, who maintains a definite place of business in the state, but not in the city, shall not be liable for any license tax under this section, unless the gross receipts received in any year by such person from the business conducted in the city exceed $25,000, in which event the person shall pay the city a license tax of $0.16 for each $100 of such gross receipts; and (ii) every person who engages in the business of a contractor in the city, and who does not maintain a definite place of business in the state, shall pay for the privilege of conducting such business or occupation in the city an annual license tax of $50 or $0.16 for each $100 of gross receipts from business conducted in the city, whichever amount is greater.

(c) Orders and contracts covering more than one calendar year may be prorated to allow the gross amount or any portion thereof of any such order or contract to be used only once as a basis for determining the amount of the annual license tax to be paid pursuant to this section.

(d) The provisions of this section shall not relieve a person who engages in the business of a contractor in the city of any duty to register as a contractor with the city or the state before engaging in such business in the city, as may be required by other law.

(e) The following requirements shall apply to any application made by a contractor for the issuance or reissuance of a business license:

(1) Notwithstanding any provision of this chapter to the contrary, no business license shall be issued or reissued to any contractor who (i) has not obtained or is not maintaining workers' compensation coverage for its employees, and (ii) at the time of application for such issuance or reissuance, is required to obtain and maintain such coverage pursuant to chapter 8, title 65.2 of the Code of Virginia (1950), as amended.

(2) At the time of any application for the issuance or reissuance of a business license, every contractor shall provide a written certification to the director that such contractor is in compliance with the provisions of chapter 8, title 65.2 of the Code of Virginia (1950), as amended, and will remain in compliance with such provisions at all times during the effective period of any such business license. The director shall forward such signed certification to the Virginia Workers' Compensation Commission.

(3) Any person who knowingly presents or causes to be presented to the director a false certificate shall be guilty of a class 3 misdemeanor.






Section 6. That this ordinance shall become effective on July 1, 1998.

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *

35. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to revise the penalties for uncontested citations for parking in spaces reserved for persons with disabilities, for parking in front of a private driveway, too close to an intersection or too close to a fire station or fire hydrant, and for standing in a fire lane, all to conform with the requirements of state law. (#19 6/9/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 28, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/13/98, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4006

AN ORDINANCE to amend and reordain subsections (a)(19), (36) and (37) of Section 3-2-354 (PENALTIES FOR UNCONTESTED CITATIONS), of Article S (PAYMENT, CONTEST AND ENFORCEMENT OF PARKING CITATIONS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT), and to repeal Section 10-4-19 (PARKING IN SPACES RESERVED FOR HANDICAPPED PERSONS), of Chapter 4 (STOPPING, STANDING AND PARKING), Title 10 (MOTOR VEHICLES AND TRAFFIC), all of The Code of the City of Alexandria, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:


Section 1. That subsections (a)(19), (a)(36) and (a)(37) of Section 3-2-354 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby are, amended and reordained to read as follows:

(19) The amount set by order of the Supreme Court of Virginia, pursuant to section 16.1-69.40:1 of the Code of Virginia, as amended, for a violation of subsection (a) of section 10-3-1242, "Parking in spaces reserved for persons with a disability;"
* * *

(36) The amount set by order of the Supreme Court of Virginia, pursuant to section 16.1-69.40:1 of the Code of Virginia, as amended, for a violation of section 10-4-41, "Parking prohibited at certain locations;"
* * *

(37) The amount set by order of the Supreme Court of Virginia, pursuant to section 16.1-69.40:1 of the Code of Virginia, as amended, for a violation of section 10-4-42, "Parking prohibited near fire hydrant, etc.;"

Section 2. That section 10-4-19 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, repealed.

Section 3. That this ordinance shall become effective on July 1, 1998.

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *

36. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code (i) to revise the title of the individuals responsible for the enforcement of state and city animal control laws in the city from "dog warden" and "deputy dog warden" to "chief animal control officer" and "deputy animal control officer," (ii) to provide for the appointment of the chief animal control officer by city council, as required by state law, and to clarify that the chief animal control officer and the deputy animal control officers are authorized to enforce both state and city animal control laws, and (iii) to increase the fee for a dangerous dog permit from $10 to $150. (#20 6/9/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 4, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/13/98, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4007

AN ORDINANCE to amend and reordain Article C (DOGS AND OTHER ANIMALS) of Chapter 7 (ANIMAL AND FOWL), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article C of Chapter 7, Title 5 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:
Article C
DOGS AND OTHER ANIMALS

Sec. 5-7-31 Definitions.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purposes of this article, have the following meanings:

(a) Animal control officer. Any person appointed as the chief animal control officer or a deputy animal control officer under section 5-7-44 of this code.

(b) Animal shelter. The facility designated by the city manager for the detention of animals.

(c) Dangerous dog. Any dog which is capable of inflicting death or serious injury on a person or another animal and which:

(1) has, without provocation, attacked or bitten a person engaged in a lawful activity;

(2) has, while off the property of its owner and without provocation, killed or seriously injured another animal;

(3) has, without provocation, chased, confronted or approached a person on a street, sidewalk or other public property in a menacing fashion such as would put an average person in fear of attack;


(4) has exhibited a propensity, tendency or disposition to attack, cause injury or threaten the safety of persons or other animals without provocation; or

(5) has acted in a manner that causes or should cause its owner to know that it is potentially vicious.

(d) Dog. The word "dog" shall include both the male and female sex of the species.

(e) Dwelling unit. A group of one or more rooms designed or intended for use as a residence, including a single-family home, a townhouse, a duplex, a condominium and an apartment.

(f) Hearing dog. Any dog specially trained to alert its owner by touch to sounds of danger or other sounds to which the owner should respond.

(g) Law enforcement officer. Any employee of the Alexandria police department who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth.

(h) Owner. A person having a right of property in a dog or cat, and any person who keeps or harbors a dog or cat or has it in his care or control, or who acts as its custodian, and any person who permits a dog or cat to remain on or about any premises occupied by him.

(i) Run or running at large. Roaming or running off the property of its owner and not under its owner's immediate control.

(j) Seeing-eye dog. Any dog that is specially trained to serve as a guide for a blind person.

(k) Service dog. Any dog that is specially trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or performing other activities of service or support.

(l) Vicious dog. Any dog which:

(1) has caused death or serious injury to a person engaged in a lawful activity;

(2) has, on two or more occasions within a 12-month period, attacked or bitten without provocation a person engaged in a lawful activity;

(3) has, on two or more occasions within a 12-month period, while off the property of its owner and without provocation, killed or seriously injured another animal; or

(4) has been trained for dog fighting or is owned or kept for the purpose of dog fighting.

Sec. 5-7-32 Running at large prohibited.

No dog shall run at large within the city at any time.


Sec. 5-7-33 Owners and custodians not to let dogs run at large.

It shall be unlawful for the owner or custodian of any dog to permit his dog to run at large in the city at any time.

Sec. 5-7-34 Impounding of dogs running at large; redemption of impounded dogs; disposition of unredeemed dogs.

(a) Any dog observed by an animal control officer to be running at large shall be impounded and kept at the animal shelter. If the dog has upon it the name or address of the owner, or such name or address is otherwise known to the operators of the animal shelter, then the operators of the animal shelter shall notify the owner within 24 hours after seizure of the dog. If the dog has upon it a license tag, then the operators of the animal shelter shall notify the person in whose name the license stands within 24 hours after obtaining the name. Notice of the impounding shall be in writing by mail, postage prepaid, and shall be construed as having been given at the time of posting thereof. If the dog impounded has no name, address or license tag upon it and the owner is not otherwise known to the operators of the animal shelter, then no notice shall be necessary. Notwithstanding the above, whenever written notice is required the operators of the animal shelter shall, prior to mailing, make one reasonable attempt to give notice by telephone.

(b) The owner of any dog so impounded shall be entitled to possession of the dog upon proof of ownership satisfactory to the operators of the animal shelter and the payment of reasonable charges designated by the city manager for the impoundment of a dog and the keep of a dog; provided, however, that before release to any person:

(1) If the dog has not been inoculated against rabies, the provisions of section 5-7-38 of this code relative to inoculation shall be complied with at the owner's expense.

(2) If the dog is not licensed, a license as required by this article shall be secured.

(3) All the other applicable sections of this article shall be complied with.

(c) Any dog which has been impounded and has not been redeemed by the owner may be destroyed, or redeemed by and released to any person desiring to give the dog a home upon the payment of a reasonable charge designated by the city manager and upon compliance with the applicable provisions of this article; provided, that any dog shall be held for at least five (5) days after impounding, and in those cases where it is required that notice be given the owner, held for at least five (5) days after the required notice has been given.

(d) The sums collected pursuant to the provisions of this section shall be accounted for and promptly paid over to the director of finance for deposit in the general fund of the city.






Sec. 5-7-35 Keeping dogs under restraint.

It shall be unlawful for the owner of any dog to permit the dog to be off his premises unless it is kept secured by a leash or lead or other means of restraint not harmful or injurious to the dog and under the control of a responsible person capable of physically restraining the dog; provided, that the restraint may be removed from a dog for so long as a dog is in an area designated by the city manager pursuant to section 5-7-42 of this code as a dog exercise area.

Sec. 5-7-36 Vicious and dangerous dogs generally.

(a) It shall be unlawful for any person to keep within the city any vicious dog. Upon finding that a dog is vicious, a court of competent jurisdiction may order the dog to be impounded and destroyed or to be removed from the city.

(b) It shall be unlawful for any person to keep within the city any dangerous dog, except in compliance with a permit issued by the city manager under section 5-7-36.2.

(c) Each day during which a person keeps a vicious dog in the city following the removal date set out in a notice from the chief animal control officer under section 5-7-36.1(c) shall constitute a separate offense for purposes of section 5-7-46. Each day during which a person keeps a dangerous dog in the city either without a permit issued by the city manager under section 5-7-36.1 or in violation of one (1) or more of the conditions imposed by such a permit shall constitute a separate offense for purposes of section 5-7-46.

Sec. 5-7-36.1 Complaints of vicious and dangerous dogs; processing of complaints.

(a) Any person may make a verbal or written complaint to the chief animal control officer of a dog which the complainant believes to be vicious or dangerous. The complaint shall include sufficient information to enable the chief animal control officer to ascertain the location and owner of the dog and shall also include the reasons why the complainant believes the dog to be vicious or dangerous. In the case of a verbal complaint, the complaint shall be put in writing by the chief animal control officer. A copy of the complaint shall then be mailed by the chief animal control officer to the owner of the dog at the owner's last known address.

(b) Within 10 days of the making of the complaint, the chief animal control officer shall undertake an investigation to determine whether the dog identified in the complaint is vicious or dangerous. Such investigation shall include an opportunity for the owner of the dog to present evidence to the chief animal control officer pertinent to the viciousness or dangerousness of the dog, and may include interviews with the complainant and other persons having personal knowledge regarding, the dog, and observations of the dog in its normal habitat.

(c) Upon completion of the investigation, the chief animal control officer shall determine whether the dog identified in the complaint is vicious or dangerous.

(1) If the chief animal control officer determines that the dog is neither vicious nor dangerous, he/she shall inform the complainant and the owner of the determination, and no further action shall be taken on the complaint.



(2) If the chief animal control officer determines that the dog is vicious, he/she shall put the determination in writing, as well as the reasons supporting it. The chief animal control officer shall then forward this written determination to the complainant and the owner and, in addition, shall notify the owner that the dog must be destroyed or removed from the city within seven (7) days. If the owner fails to destroy or remove the dog within such period, the dog shall be impounded, and the chief animal control officer shall recommend to the city manager that the city seek an order from a court of competent jurisdiction
requiring that the dog be destroyed or removed from the city. Nothing in this section shall be construed as impairing or affecting in any way the authority of the chief animal control officer under section 5-7-37 to issue a summons or notice of violation against the owner of a vicious dog and immediately to impound the dog.

(3) If the chief animal control officer determines that the dog is dangerous, he/she shall notify the city manager of the determination and of the requirements which should be included in the permit to be issued by the manager under section 5-7-36.2.

(d) The chief animal control officer may delegate the authority and responsibilities assigned to her by this section, or any part thereof, to any deputy animal control officer.

Sec. 5-7-36.2 Dangerous dog permit.

(a) Requirements; issuance; determination of dangerousness of dog. Upon receipt of a determination by the chief animal control officer under section 5-7-36.1(c) that a dog is dangerous, the city manager shall immediately issue to the owner of such dog a dangerous dog permit. This permit shall authorize the continued keeping of the dog within the city only so long as the owner complies with the requirements set forth in the permit. Such requirements shall include those recommended to the city manager by the chief animal control officer under section 5-7-36.1(c) and such others as the city manager determines necessary to ensure that no person or animal is injured by the dog. Permit requirements may include, but are not limited to, the following:

(1) that the dog wear a special and conspicuous form of identification (such as a blaze orange collar);

(2) that the owner immediately notify the chief animal control officer in the event the dog is loose and unconfined, has attacked or injured a human being or another animal, has been sold or given to another person, or has died;

(3) that the dog, while on the property of the owner, be confined indoors or in a securely enclosed and locked structure, suitable to prevent the entry of children and designed to prevent the dog from escaping;

(4) that the owner display one or more signs on his/her property which provide a clear warning to children of all ages and adults that a dangerous dog is present on the property;

(5) that, while off the owner's property, the dog be muzzled and/or restrained in a particular manner and be under the control of an adult;

(6) that the owner attend one (1) or more educational classes on the responsible keeping of dangerous dogs; and

(7) that, upon request of the city manager, the owner make the dog available for inspection by the chief animal control officer.

(b) Reconsideration of requirements; hearing; evidence allowed; revocation of permit; modification of requirements.

(1) Within 10 days of receipt of a permit issued under subsection (a), the owner of the dog may request in writing the city manager to reconsider the determination that the dog is dangerous and/or some or all of the requirements set forth in the permit. Upon receipt of such a request, the city manager shall offer the owner an opportunity to present at an informal hearing evidence pertinent to the dangerousness of the dog and to the requirements identified in the request for reconsideration. Written notice of the date, time and place of such hearing, as well as of the person designated by the city manager to serve as the hearing officer, shall be sent to the owner and the complainant at least seven (7) days prior to the hearing. At the hearing, in addition to receiving evidence from the owner and the complainant, the hearing officer may receive evidence from the chief animal control officer, a veterinarian, a licensed animal trainer, a humane society agent and any person having personal knowledge of the dog's condition.

(2) Within 10 days of the hearing, the hearing officer shall notify in writing the owner and the complainant of his/her decision whether to confirm the determination that the dog is dangerous and the requirements set out in the permit. If the hearing officer determines the dog not to be dangerous, the permit issued under subsection (a) shall be revoked and no further action shall be taken on the complaint. If the hearing officer confirms that the dog is dangerous but decides that certain requirements set out in the permit issued under subsection (a) are not necessary for the protection of the public and other animals, he/she shall delete or modify those requirements but otherwise confirm both the permit, as modified, and the owner's obligation to comply with it. If the hearing officer confirms the permit and the requirements set out in it, he/she shall also confirm the owner's obligation to comply with it.

(c) Compliance; removal of dog for noncompliance by owner. In the event an owner of a dangerous dog fails to comply with any of the requirements imposed by a permit issued under this section, the chief animal control officer shall notify the owner of his/her failure, and the owner shall have 10 days following receipt of the notice in which to come into compliance with the permit. If the owner fails to do so, the city manager is authorized to seek an order from a court of competent jurisdiction requiring that the dog be removed from the city.

(d) Request for rescission or modification of permit by chief animal control officer; fee; information required. An owner of a dangerous dog who believes that the dog is no longer dangerous within the meaning of section 5-7-31(c) or that certain requirements set out in the dog's permit are no longer necessary for the protection of the public and other animals may request the chief animal control officer to rescind the determination that the dog is a dangerous dog or to delete or modify those permit requirements; provided, that no such request may be made within the first 12 months following the initial determination that the dog is dangerous. Such a request must be accompanied by the fee required by subsection (e). In reviewing such a request, the chief animal control officer may require the owner to produce the dog for inspection, to allow the chief animal control officer to observe the dog in its natural habitat and to submit information pertinent to the dangerousness of the dog. In the event the chief animal control officer determines that the dog is no longer dangerous, the permit issued under this section shall be revoked. In the event the chief animal control officer determines that the dog still constitutes a dangerous dog but that certain requirements contained in the permit are no longer necessary, he/she may delete those conditions from the permit or modify them.

(e) Fees. The owner of any dog subject to a permit issued under this section shall pay to the chief animal control officer, within 10 days of the issuance of the permit or, if applicable, of a hearing officer's confirmation of the permit under subsection (b)(2), a fee of $150. Any owner requesting the rescission or modification of a permit under subsection (d) shall pay a fee of $50 at the time he/she makes the request.

(f) The chief animal control officer may delegate the authority and responsibilities assigned to her by this section, or any part thereof, to any deputy animal control officer.

Sec. 5-7-37 Impounding of vicious dog; confinement of dog which has committed an attack.

(a) Whenever a summons or notice of violation is issued against the owner of a dog charging maintenance of a vicious dog, the dog in question shall be impounded and kept at the animal shelter, at the owner's expense, pending final disposition of the case, provided such animal is not destroyed as provided by section 5-7-39.

(b) Whenever a report is made, as provided by section 5-7-40, of a person being bitten by a dog or a notice is received by the police department, health department, an animal control officer or the operators of the animal shelter of a dog having bitten a person or another animal, but no summons or notice of violation is issued charging maintenance of a vicious dog, an animal control officer shall forthwith issue an order to the owner of the dog directing that the dog be confined under quarantine and kept under observation on the premises of the owner or a private kennel for a period of 10 days at the expense of the owner, during which time the dog shall never leave the premises, and the order shall be served upon the owner by an animal control officer in the manner provided by section 8.01-296, Code of Virginia. If no summons or notice of violation is forthcoming and an authorized representative of the director of public health or a licensed veterinarian reports that the dog shows no symptoms of rabies within the 10 days, the dog shall be released. If a report of rabies is made or if a summons or notice of violation is issued before the expiration of the ten-day period, the dog shall be immediately removed to the animal shelter pending a final disposition of the case; and costs thereby incurred shall be charged to the owner of the dog.

(c) If any owner does not comply with the provisions of this section within 24 hours from the time he/she is served with an order issued pursuant to the provisions of this section, the dog in question shall be impounded, at the animal shelter, and kept under observation at the owner's expense for a period of 10 days and the owner shall be charged with a violation of this section.

Sec. 5-7-38 Inoculation of dogs against rabies.

It shall be the duty of every resident of the city owning or in possession of a dog four (4) months old or older within the city to have such dog inoculated with an anti-rabic vaccine approved by the director of public health, which inoculation shall be repeated as often as the director of public health may from time to time specify. The expense of inoculation of dogs against rabies shall be borne by the owners of such dogs. The inoculation shall be made by any licensed veterinarian. A certificate of vaccination shall be presented by the veterinarian within 10 days after inoculation.

Sec. 5-7-38.1 Inoculation of cats against rabies.

(a) It shall be the duty of every resident of the city owning or in possession of a cat four (4) months old or older within the city to have such cat inoculated with an anti-rabic vaccine approved by the director of public health, which inoculation shall be repeated as often as the director of public health may from time to time specify. The expense of inoculation of cats against rabies shall be borne by the owners of such cats. The inoculation shall be made by any licensed veterinarian.

(b) At the time of vaccination, a suitable and distinctive rabies tag and a certificate of vaccination shall be issued by the veterinarian to the cat's owner. The certificate shall certify that the cat in question has been vaccinated in accordance with this section. Such certificate shall show the date of vaccination, the rabies collar tag number, the date of required immunization, a brief description of the cat and its sex and breed, and the name of the owner. The certificate issued under this section shall be carefully preserved by the owner of the cat and exhibited promptly upon request for inspection by an animal control officer, a public health officer or any other law enforcement officer. One copy of the certificate required under this section shall be retained by the veterinarian and one copy shall be presented by the veterinarian to the health department for registration within 10 days after inoculation.

Sec. 5-7-39 Procedure as to dogs and cats suspected of having rabies.

Dogs and cats suspected of having rabies and exhibiting the common symptoms of this disease shall be impounded either at the animal shelter or at a private veterinarian's establishment in solitary confinement and kept under observation for a period of 10 days. At the time any dog or cat is impounded, an attempt shall be made by an animal control officer to determine whether the dog or cat has been previously inoculated against rabies. If it is found that the dog or cat has not been effectively inoculated or there is any doubt as to whether or not the dog or cat has in fact been inoculated, then the dog or cat shall be inoculated on the last day of the above-mentioned observation period. The director of public health is hereby given authority to cause to be destroyed any dog or cat which in his opinion has rabies, and to have the head of the dog or cat examined. All expenses in connection with the provisions of this section shall be borne by the owner of the dog or cat in question.

Sec. 5-7-40 Reports of animal bites.

(a) The owner of any animal which bites a person shall immediately notify an animal control officer, the health department or the police department of the biting.

(b) It shall be the duty of every physician and medical practitioner in the city and of every hospital in the city to report to an animal control officer or the health department the name and address of any person treated for bites or wounds inflicted by animals, together with all available information necessary for rabies control.


(c) It shall be the duty of every veterinarian practicing in the city to report to an animal control officer or the health department the name and address of the owner of any animal treated for bites or wounds inflicted by any other animal, together with all available information necessary for rabies control.

Sec. 5-7-41 When muzzles required, exception.

Whenever it becomes necessary to safeguard the public from the danger of hydrophobia, the city manager, with the written approval of the director of public health, may issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises, unless the dog shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled dog running at large during the time covered by the proclamation shall be seized and impounded. This section shall not be construed to prevent the owner of a dog or the agent of the owner from taking the dog unmuzzled from the premises of the owner, if the dog is upon a leash.

Sec. 5-7-42 Female dogs in season; allowing dog to urinate, etc.; noisy dogs; offensive odors from dogs; dogs prohibited on posted playground areas and on school grounds.

The following things are declared nuisances and are prohibited. It shall be unlawful for the owner or person in control of a dog to:

(1) Fail to keep his female dog confined during the entire time the dog is in season in a building or secure enclosure in such a manner that the female dog cannot come into contact with a male dog except for planned breeding.

(2) Knowingly or willfully allow his dog to urinate or defecate on the private property of other persons without their consent or that of the authorized agent of the one having control of the premises.

(3) Knowingly or willfully allow his dog to urinate or defecate on public property; provided, that urination by a dog on curbs of streets and in alleys, streets or areas posted by the city manager as dog exercise areas shall not constitute a violation of this section; and provided further, that defecation by a dog on public property out of doors shall not constitute a violation of this section if the owner of the dog immediately removes the material defecated and disposes of it in a manner not inconsistent with the provisions of this section.

(4) Keep dogs which bark or howl to such extent as to annoy any resident or keep dogs in such a manner as to cause offensive odors.

(5) Permit his dog, except a seeing-eye, service or hearing dog, to go upon any public property posted by the city manager as a playground area, or upon the grounds of any public school.

Sec. 5-7-43 Powers of operators of animal shelter generally.

The operators of the animal shelter shall have the following powers:

(a) to destroy unredeemed dogs, as provided in section 5-7-34;

(b) to destroy vicious dogs upon an order from the court, as provided in section 5-7-36;

(c) to receive and investigate complaints of and to make determinations regarding vicious and dangerous dogs, as provided in section 5-7-36.1;

(d) to receive, investigate and act upon requests to rescind or modify dangerous dog permits, as provided in section 5-7-36.2;

(e) to impound and release dogs and to issue orders, as provided in section 5-7-37; and

(f) to destroy dogs as provided in section 5-7-39.

Sec. 5-7-44 Appointment and powers of chief animal control officer and deputy animal control officers.

A chief animal control officer shall be appointed by city council and may be removed by council or the city manager. The city manager may appoint one or more deputy animal control officers, who may be removed by the manager, to assist the chief animal control officer in the performance of her duties. The chief animal control officer and deputy animal control officers shall, within the city and subject to any limitations imposed as a condition of their appointment, have the powers of an animal control officer as conferred by the Code of Virginia (1950), as amended, the powers of a state game warden as conferred by the city charter in the enforcement of the dog laws of the city, and the power to enforce the provisions of this article.

Sec. 5-7-45 Killing certain animals that cannot be safely taken up and impounded.

If any vicious or dangerous dog or any dog, cat or other animal suspected of, or having rabies, found at large, cannot be safely taken up and impounded, the dog or other animal may be slain by any law enforcement officer.

Sec. 5-7-46 Penalties.

(a) A person shall be assessed a civil penalty of $50 for violating any provision of this article, except that, for each subsequent violation of any provision of this article occurring within 12 months of an earlier violation, the person shall be assessed a civil penalty of $100.

(b) If an animal control officer or law enforcement officer determines that a violation of this article has occurred, he shall issue and serve, or cause to be served, a notice of violation on any and all persons committing the violation. The notice shall provide that the person served may elect to make an appearance, either in person or in writing by mail, before the treasurer of the city, and admit liability for or plead no contest to the violation and pay the civil penalty established for the violation, all within the time period set forth in the notice. If a person so notified does not elect to admit liability or to plead no contest, the violation shall be tried in the Alexandria General District Court upon a warrant in debt or motion for judgment, with the same right of appeal as provided in civil actions at law. A finding or admission of liability or a plea of no contest shall not be deemed a criminal conviction for any purpose.





Sec. 5-7-47 License--required; disposition of revenue.

(a) It shall be unlawful for any person to be the owner of a dog or cat four months old or older within the city unless such dog or cat is licensed, as required by the provisions of this article.

(b) All dog and cat license taxes collected pursuant to this article shall be paid into the general fund from which sufficient funds for the operation and maintenance of the animal shelter may be provided, as authorized by council.

Sec. 5-7-48 Same--tax imposed; tax rates; when tax payable.

There is hereby imposed an annual license tax on dogs and cats, except seeing-eye, service and hearing dogs that are trained and serve as a service or hearing dog for the persons and in the manner described in section 3.1-796.87 of the Virginia Code, for each calendar year at the following rates, and due and payable as follows:

(1) For any male or female dog or cat which shall be four months old or older on or before January 31 of the year, the license tax for that year shall be $10 and shall be paid by the owner on or before January 31 of said year;

(2) If any male or female dog or cat shall become four months of age, or if a dog or cat of that age or older shall come into the possession of an owner, between January 31 and November 1 of any year, the license tax for that year shall be $10 and shall be paid by the owner within 10 days of the dog or cat attaining the age of four months or coming into the possession of the owner;

(3) If any male or female dog or cat shall become four months of age, or if a dog or cat of that age or older shall come into the possession of an owner, after October 31 of any year, the license tax of $10 for the succeeding calendar year shall be paid by the owner within 10 days of the dog or cat attaining the age of four months or coming into the possession of the owner;

(4) For any spayed or neutered dog or cat, the provisions of this section shall apply but the annual license tax shall be $2; and

(5) If any dog or cat coming into the possession of an owner on or before October 31 of any year has a current license in another jurisdiction, a full credit shall be allowed on the cost of obtaining the first city license.

Sec. 5-7-49 Same--application; issuance; records to be kept.

Any owner may obtain a dog or cat license by making a signed written application to the city manager or her designee. The application shall contain the name, sex, age, breed and description of the dog or cat and the name and address of the owner, and shall be accompanied by the amount of the license tax and a certificate of vaccination from a licensed veterinarian showing that the dog or cat is inoculated against rabies, or a certification from the owner containing the vaccination number showing that the dog or cat is inoculated against rabies. Upon receipt of a proper application, accompanied by the amount of the license tax and a proper certificate of vaccination, or a proper certification from the owner, the city manager or her designee shall issue a license receipt and an appropriate tag to the owner, and shall record upon the receipt and upon records maintained by the



city the name and address of the owner, the date of issuance, the year for which issued, the serial number of the license and the sex, age, breed and description of the dog or cat.

Sec. 5-7-50 Same--components; information to be on tags.

A dog or cat license shall consist of the receipt referenced in section 5-7-49 and a tag of a style adopted by the city. A tag shall be stamped or otherwise permanently marked to show the sex of the dog or cat, the serial number, the calendar year for which issued and the name of the city.

Sec. 5-7-51 Same--preserving and displaying receipts; dogs to wear tags.

Dog and cat licenses shall be carefully preserved and exhibited promptly upon request of any law enforcement officer, authorized agent of the director of public health, or animal control officer. Dog license tags shall be securely fastened by the owner to a substantial collar which shall be borne by the dog.

Sec. 5-7-52 Same--duplicate tags.

If a dog or cat license tag is lost, destroyed or stolen, the owner shall at once apply to the city manager or her designee for a duplicate license tag, presenting the original license receipt, if available. Upon affidavit of the owner that the original license tag has been lost, destroyed or stolen, the city manager or her designee shall issue a duplicate license tag which the owner shall immediately affix to the collar of the dog. The city manager or her designee shall endorse the number of the duplicate and the date issued on records of her office and on the face of the original license receipt, if available. The fee for a duplicate tag shall be $1.

Sec. 5-7-53 Same--effect of a dog or cat not wearing collar bearing a tag.

Any dog or cat not wearing a collar bearing a license tag of the proper calendar year shall be presumed to be unlicensed, and in any proceedings under this article the owner of such dog or cat shall have the burden of proving that the dog or cat is in fact licensed.

Sec. 5-7-54 Same--maintenance of records.

The city manager or her designee shall keep orderly lists and accounts with respect to receipts, disbursements, licenses issued, and how unsold tags are disposed of, and annually shall provide an accounting of her activities with respect to dogs and cats and dog and cat licenses for use by the director of finance.

Sec. 5-7-55 Same--transmittal of funds to director of finance.

All persons responsible for the issuance of dog and cat licenses and the collection of license taxes shall keep accurate records and shall transmit all funds collected to the director of finance at least every 30 days.

Sec. 5-7-56 Making false statement to secure license.

It shall be unlawful for any person to make a false statement in order to secure a dog or cat license.

Sec. 5-7-57 Limitation on number of dogs and cats kept per dwelling unit.

(a) It shall be unlawful for any person to keep more than three dogs over four months of age or four cats over four months of age in any dwelling unit in the city.

(b) Any person who, on October 1, 1995, is lawfully keeping more than the number of dogs and cats permitted by this section shall be entitled to continue to keep all such dogs and cats, so long as they are duly licensed and inoculated in accordance with this article. However, it shall be unlawful for any such person to keep any dog or cat acquired after October 1, 1995, unless the total number of dogs and cats kept by the person does not exceed the number of dogs and cats permitted by subsection (a) of this section.

(c) This section shall not apply to any person authorized to operate a "kennel," as that term is defined in the City of Alexandria Zoning Ordinance.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *

37. Consideration of a Resolution Appointing the City's Chief Animal Control Officer. [ROLL-CALL VOTE]

WHEREUPON, upon motion by Councilwoman 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" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

The resolution reads as follows:
RESOLUTION NO. 1878

WHEREAS, city council is required by Virginia Code § 3.1-796.104 to appoint an officer to be known as the animal control officer who shall have the power to enforce chapter 27.4 of title 3.1 of the Virginia Code, which contains the comprehensive animal laws of the Commonwealth of Virginia, all city ordinances enacted pursuant to chapter 27.4 of title 3.1 of the Virginia Code, and all other laws for the protection of domestic animals;


WHEREAS, city council is authorized by city charter § 2.04(p) to provide for the appointment of a dog warden who, in the enforcement of the dog laws of the city, shall have the powers of a state game warden, within the city only;

WHEREAS, city council desires to appoint a "chief animal control officer," who shall have both the powers of an animal control officer under the Virginia Code and a dog warden under the city code; and

WHEREAS, city council has determined that it is necessary and desirable to appoint the following individual as chief animal control officer for the City of Alexandria, in order that the animal laws of the city and the Commonwealth may be administered and enforced in a safe, professional and expedient manner;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:

1. That, pursuant to Virginia Code § 3.1-796.104 and city charter § 2.04(p), Kate Pullen be, and hereby is, appointed as the chief animal control officer of the City of Alexandria, with all of the rights, privileges and powers pertaining thereto, including without limitation the power to enforce chapter 27.4 of title 3.1 of the Virginia Code, all city ordinances enacted pursuant to chapter 27.4 of title 3.1 of the Virginia Code and pursuant to § 2.04(p) of the city charter, and all other laws for the protection of domestic animals.

2. That the city manager be, and hereby is, authorized to rescind the appointment made by this resolution for any reason, with or without cause.

3. That the individual appointed as chief animal control officer by this resolution shall serve in her position until her resignation, the rescission of her appointment by city council, or the rescission of her appointment by the city manager, whichever shall first occur.

4. That this resolution shall become effective on July 1, 1998.
* * * * *

38. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to revise in their entirety the code provisions that govern the provision and administration of massages in the city. (#21 6/9/98) [ROLL-CALL VOTE]

(A copy of the City Attorney memorandum dated June 4, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 6/13/98, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

The following person participated in the public hearing on this item:

Diana Simonton, 1107 Belle View Boulevard, #A-1, representing the American Massage Therapy Association, Northern Virginia Legislative Committee, spoke in support.

Assistant City Attorney Pessoa requested the following amendments to the proposed ordinance:

In Sec. 11-4.2-4 (c), in the next the last line strike "its" and insert "the" and strike "and the name"; in Sec. 11-4.2-4(f) at the top of page 7, insert a period after massages, and strike "and the names of the individuals to whom the applicant may provide massages at the residence."; in Sec. 11-4.2-4(h) in fifth line insert "the address of" after "include", and strike "and the names of the individuals"; in line six strike "to whom" and insert "at which", and insert a period after massages, and strike the rest of the sentence "at each such residence."

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Speck and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage, as amended. The voting was as follows:

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

The ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 4008

AN ORDINANCE to repeal Chapter 4.1 (MASSAGE REGULATIONS), and to enact a new Chapter 4.2 (MASSAGE REGULATIONS), of Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 4.1 of Title 11 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is, hereby repealed.

Section 2. That Title 11 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new chapter 4.2, to read as follows:
CHAPTER 4.2
MASSAGE REGULATIONS

Sec. 11-4.2-1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meaning given below, except in those instances when the context clearly indicates a different meaning.

(1) Care facility. Any place or building in which (i) medical, surgical, nursing or other health services are furnished by duly licensed individuals for the prevention, diagnosis or treatment of human disease, pain, injury or other physical condition to two or more unrelated sick, injured, disabled or aged persons, or (ii) convalescent or similar care is furnished by duly licensed individuals to two or more unrelated sick, injured, disabled or aged persons.

(2) Director. The director of public health of the city or his duly authorized representative.

(3) Massage. The treatment of the external parts of the human body for comfort or the general well-being of the body, consisting of rubbing, stroking, kneading, tapping or vibrating one or more parts of the body with hand, or any instrument, for compensation.

(4) Massage establishment. Any establishment in the city where massages are provided or administered, or which holds itself out to the public as a place where massages are provided or administered; provided, that this definition shall not include a hospital, nursing home or medical clinic, a care facility, the office of a duly licensed physician, surgeon, physical therapist, chiropractor or osteopath, barbershop or a beauty salon.

(5) Massage therapist. Any person possessing a valid massage therapist permit issued pursuant to this chapter.

(6) Police chief. The chief of police of the city or his duly authorized representative.

(7) Public gathering. Any event occurring in the city that is open to the general public and involves more than 50 persons.

(8) Residence. A place which an individual considers his permanent abode and in which he either has resided during at least the prior six months or intends to reside during at least the next six months; this term shall not include any place which provides transient lodging such as hotels, inns, apartment house hotels, hostelries, tourist homes or houses, motels, and rooming houses.

(9) Seated massage. A massage provided to the upper human body while the massage recipient is fully clothed and seated in a chair.

(10) Sexual or genital part. The genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female.

Sec. 11-4.2-2 Provision of massages.

(a) Except as provided in subsection (b), it shall be unlawful for any person to provide or administer a massage at any location in the city.

(b) Only the following persons, under the following conditions, may provide or administer a massage in the city:

(1) massage therapists --

(i) at or within a massage establishment;

(ii) at the regular place of business of the massage recipient between the hours of 9:00 a.m. and 6:00 p.m.; provided, that a therapist may only provide a seated massage at this location and may do so only if he possesses his massage therapy permit while performing the seated massage;

(iii) at a public gathering; provided, that the therapist possesses his massage therapy permit while performing massages at such a gathering;

(iv) at a care facility; provided, that the therapist possesses his massage therapy permit while performing massages at this location; and

(v) at the residence of the massage recipient between the hours of 6:00 a.m. and 9:00 p.m.; provided, that the therapist holds a valid home massage permit issued pursuant to this chapter, possesses that permit and his massage therapy permit while performing massages in a residence, and provides massages at the residence only to individuals identified in his home massage permit.

(2) persons who are certified as a massage therapist by, and are in good standing with, the Virginia Board of Nursing --

(i) at the regular place of business of the massage recipient between the hours of 9:00 a.m. and 6:00 p.m.; provided, that the board certified therapist may only provide a seated massage at this location and may do so only if he possesses a picture identification while performing the seated massage; and

(ii) at a public gathering; provided, that the board certified therapist possesses a picture identification while performing massages at such a gathering; and

(3) persons --

(i) at a hospital, nursing home or medical clinic, or at the office of a duly licensed physician, surgeon, physical therapist, chiropractor or osteopath; or

(ii) at a barbershop or beauty salon; provided, that, at this location, the person may only provide a massage to the scalp, face, neck or shoulders of the massage recipient.

Sec. 11-4.2-3 Massage therapists; issuance of massage therapist
(a) Any person who desires to provide or administer massages in the city as a massage therapist shall possess a valid massage therapist permit issued in accordance with this section. A person possessing a massage therapist permit issued under this section who, following receipt of the permit, does not continue to meet the requirements set out in subsection (b) below shall not be considered to be in possession of a valid massage therapist permit.

(b) In order to be eligible for a massage therapist permit, the applicant shall:

(1) be certified as a massage therapist pursuant to sections 54.1-3000 and 54.1-3029 of the Code of Virginia (1950), as amended, by, and be in good standing with, the Virginia Board of Nursing, or have a valid provisional certificate to practice massage therapy which has been issued by the Board of Nursing pursuant to its regulations;

(2) own, or be employed at or under contract with, a massage establishment for which a permit has been issued under section 11-4.2-5; and

(3) not have been convicted of, or pleaded nolo contendere or suffered a forfeiture in relation to, any of the offenses identified in sections 18.2-344 through 18.2-361 or sections 18.2-372 through 18.2-387 of the Code of Virginia (1950), as amended, which sections relate to sexual offenses, prostitution, obscenity and similar offenses, or any similar offenses under the laws of another jurisdiction.

(c) All applicants for a massage therapist permit shall apply to the director. The application shall be on a form prepared by the director and shall be accompanied by an application fee of $50, payable to the director of finance. The application shall contain the name, address, telephone number, date of birth, place of birth, and height and weight of the applicant, the applicant's Virginia Board of Nursing certified massage therapist number or provisional certification number, and the address and telephone number of the massage establishment which the applicant owns, is employed at, or is under contract with. The applicant shall also state on the application all criminal offenses for which he has been convicted or in relation to which he has pleaded nolo contendere or suffered a forfeiture, including the offenses identified in subsection (b).

(d) The application to be filed under this section shall state thereon, "It is unlawful for any person to make a false statement on this application and the discovery of a false statement shall constitute sufficient grounds, in and of itself, for the denial of an application or revocation of a permit, or for the imposition of a fine or imprisonment or both." It shall be unlawful for a person to make a false statement on an application filed under this section.

(e) The director shall refer the applicant to the chief of police to be photographed and fingerprinted. The photograph and fingerprints shall constitute part of the application. The chief of police shall, to the extent permitted by law, forward the applicant's fingerprint cards to the Virginia state police for purposes of conducting a review of the applicant's criminal history. After he has completed his investigation of the applicant, the chief of police shall return the application to the director, together with the results of his investigation.

(f) The director shall deny any application for a massage therapist permit if the director finds that the applicant does not satisfy the requirements set out in subsection (b). The making of a false statement on an application shall also be grounds for denial of the application.

(g) The decision of the director on an application under this section shall be conveyed to the applicant in writing, and shall be sent by certified mail to the applicant's last known address. If the director denies the application, he shall state in his written decision the grounds for the denial and shall notify the applicant of his right to request a hearing, as provided in subsection (h). If the director approves the application, he shall issue, or cause to be issued, a massage therapist permit to the applicant.

(h) An applicant whose application under this section has been denied may request a hearing before the director. Such request, which shall not stay the effect of the director's initial decision, shall be in writing and shall be filed with the director within 10 days of the date on which the director's decision was sent to the applicant. The director shall schedule a hearing on a date and at a time that is mutually convenient to the applicant and the director, and shall notify the applicant in writing of the date, time and place of the hearing. Within 10 days of the hearing, the director shall send a copy of his decision by certified mail to the applicant at his last known address. This decision shall be final and conclusive. In the event an applicant does not timely request a hearing on the director's initial decision to deny his application, or requests but does not attend the hearing, the initial decision shall be final and conclusive.



(i) If, following the issuance of a massage therapist permit, a massage therapist intends to provide or administer massages at a massage establishment that is different from the establishment identified on his application, the therapist shall immediately notify the director in writing of this different establishment.

(j) A permit issued under this section shall be valid for a period of two years, and it may be renewed for additional two-year periods upon the filing of a new application with the director, along with a $50 fee payable to the director of finance. In applying for the renewal of a permit, the applicant shall demonstrate that he continues to meet the requirements of subsection (b). Every permit issued under this section shall contain a serial number as determined by the director, and each renewal application filed, and each renewal permit issued, shall continue to utilize the same serial number. The provisions of this section that apply to initial applications for massage therapist permits shall apply to applications for permit renewals.

(k) Every person to whom a massage therapist permit has been issued shall carry the permit on his person, or shall display the permit in a conspicuous place in the massage establishment at which he provides or administers massages.

Sec. 11-4.2-4 Same -- issuance of home massage permits.

(a) Any massage therapist desiring to provide or administer a massage in the residence of massage recipients, pursuant to section 11-4.2-2(b)(1)(v), shall possess a valid home permit issued in accordance with this section. A person possessing a home massage permit issued under this section who, following receipt of the permit, does not continue to meet the requirements set out in subsection (b) below shall not be considered to be in possession of a valid home massage therapist permit.

(b) In order to be eligible for a home massage permit, the applicant shall possess a valid massage therapist permit issued under section 11-4.2-3, and propose to provide or administer massages only to individuals who reside in residences in the city and only at the residences of such individuals;

(c) All applicants for a home massage permit shall apply to the chief of police. The application shall be on a form prepared by the chief, and shall be accompanied by an application fee of $25, payable to the director of finance. The application shall contain the applicant's name and address, his Virginia Board of Nursing certified massage therapist number, the number of the massage therapist permit issued to him under section 11-4.2-3 and, as to each residence at which he wishes to provide massages, the address of the residents who will receive massages.

(d) The application to be filed under this section shall state thereon, "It is unlawful for any person to make a false statement on this application and the discovery of a false statement shall constitute sufficient grounds, in and of itself, for denial of an application or revocation of a permit, after the imposition of a fine or imprisonment or both." It shall be unlawful for a person to make a false statement on an application filed under this section.

(e) The chief of police shall deny any application for a home massage permit if the chief finds that the applicant does not satisfy the requirements set out in subsection (b). The making of a false statement on an application shall also be grounds for denial of the application.

(f) The decision of the chief of police on an application under this section shall be conveyed to the applicant in writing, and shall be sent by certified mail to the applicant's last known address. If the chief denies the application, he shall state in his written decision the grounds for the denial and shall notify the applicant of his right to request a hearing, as provided in subsection (g). If the chief approves the application, he shall issue, or cause to be issued, a home massage permit to the applicant which, among other things, shall state the address of each residence at which the therapist is authorized to provide massages.

(g) An applicant whose application under this section has been denied may request a hearing before the chief of police. Such request, which shall not stay the effect of the chief's initial decision, shall be in writing and shall be filed with the chief within 10 days of the date on which the chief's decision was sent to the applicant. The chief shall schedule a hearing on a date and at a time that is mutually convenient to the applicant and the chief, and shall notify the applicant in writing of the date, time and place of the hearing. Within 10 days of the hearing, the chief shall send a copy of his decision by certified mail to the applicant at his last known address. This decision shall be final and conclusive. In the event an applicant does not timely request a hearing on the chief's initial decision to deny his application, or requests but does not attend the hearing, the initial decision shall be final and conclusive.

(h) If, following the issuance of a home massage permit, a massage therapist wishes to provide or administer massages at residences other than those identified in the permit, the therapist shall request the chief of police to amend the permit to include the address of such other residences at which the therapist may provide massages. No massages shall be provided in such other residences until an appropriate permit amendment has been issued by the chief.

(i) A permit issued under this section shall be valid for a period of one year, and it may be renewed for additional one-year periods upon the filing of a new application with the chief of police, along with a $25 fee payable to the director of finance. In applying for the renewal of a permit, the applicant shall demonstrate that he continues to meet the requirements of subsection (b) and has, since the issuance of the permit, complied with section 11-4.2-2(b)(1)(v). Every permit issued under this section shall contain a serial number as determined by the chief of police, and each renewal application filed and each renewal permit issued shall continue to utilize the same serial number.

(j) Every person to whom a home massage permit has been issued shall carry the permit on his person when providing or administering massages in a residence.

Sec. 11-4.2-5 Massage establishments; required licenses and permits.

(a) It shall be unlawful for any person to establish, maintain or operate a massage establishment in the city without an appropriate business license under title 9 of this code and a valid massage establishment permit issued under this section.

(b) Every person to whom a massage establishment permit has been issued shall display the permit in a conspicuous place in the massage establishment so that it may be readily seen by persons entering the establishment.


Sec. 11-4.2-6 Same -- application for massage establishment
permit; renewal.

(a) Any person desiring to own or operate a massage establishment in the city shall obtain a massage establishment permit from the director. An application for a massage establishment permit shall be on a form prepared by the director and shall be accompanied by an application fee of $25, payable to the director of finance. Each application shall contain the name, address and telephone number of the owner and operator of the massage establishment, and the address and telephone number of the establishment. The applicant shall also state on the application all criminal offenses for which the owner and operator have been convicted or in relation to which either has pleaded nolo contendere or suffered a forfeiture, including the offenses identified in section 11-4.2-3(b).

(b) The application shall state that no person may provide or administer a massage at the massage establishment for which the permit is sought without a massage therapist permit issued under this chapter, and that the applicant has read and understands this statement. The application shall also state thereon, "It is unlawful for any person to make a false statement on this application and discovery of a false statement shall constitute sufficient grounds, in and of itself, for denial of an application or revocation of a permit, or for the imposition of a fine or imprisonment or both." It shall be unlawful for the applicant to make a false statement on any application filed pursuant to this section.

(c) Upon receipt of an application, the director shall forward a copy to the chief of police for his review, and shall cause an investigation to be made of the massage establishment named in the application to determine whether it will comply with the provisions of section 11-4.2-7. If the director is satisfied from such investigation that the massage establishment will so comply, he shall issue, or cause to be issued, a massage establishment permit authorizing the establishment, maintenance and operation of the massage establishment. If the director is not so satisfied, he shall deny the application.

(d) The decision of the director on an application under this section shall be conveyed to the applicant in writing, and shall be sent by certified mail to the address given by the applicant in the application. If the director denies the application, he shall state in his written decision the grounds for the denial and shall notify the applicant of his right to request a hearing, as provided in subsection (e).

(e) An applicant whose application under this section has been denied may request a hearing before the director. Such request, which shall not stay the effect of the director's initial decision, shall be in writing and shall be filed with the director within 10 days of the date on which the director's decision was sent to the applicant. The director shall schedule a hearing on a date and at a time that is mutually convenient to the applicant and the director, and shall notify the applicant in writing of the date, time and place of the hearing. Within 10 days of the hearing, the director shall send a copy of his decision by certified mail to the applicant at his last known address. This decision shall be final and conclusive. In the event an applicant does not timely request a hearing on the director's initial decision to deny his application, or requests but does not attend the hearing, the initial decision shall be final and conclusive.




(f) A massage establishment permit issued under this section shall be valid for a period of one year, and it may be renewed for additional one-year periods upon the filing of a new application. The provisions of this section that apply to initial applications shall apply to renewal applications.

Sec. 11-4.2-7 Same -- minimum standards.

Every massage establishment in the city shall, at all times, comply with the following minimum health and safety standards:

(1) Massages may only be provided or administered by a massage therapist who possesses a valid massage therapist permit issued under this chapter.

(2) The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.

(3) Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas.

(4) Clean linen and towels shall be provided for each massage patron. No common use of towels or linens shall be permitted.

(5) All massage tables shall have surfaces which may be readily disinfected. The floor areas, depending on the material covering the floor surface, shall have surfaces which may be readily disinfected. This provision shall be applicable to bathtubs, showers, stalls, steam or bath areas, if applicable.

(6) Oils, creams, lotions or other preparations used in administering massages shall be kept in clean, closed containers or cabinets.

(7) Adequate dressing facilities shall be provided for the patrons to be served at any given time. Adequate toilet facilities as required by law shall be furnished.

(8) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities, where provided, shall be in good repair and maintained in a clean and sanitary condition. All facilities shall be thoroughly cleaned each day the business is in operation, and all massage tables and bathtubs and showers, where furnished, shall be thoroughly cleaned after each use. When carpeting is used on any floor area, it shall be kept dry.

(9) The premises shall be equipped with a service sink for custodial services, if applicable.

Sec. 11-4.2-8 Same -- hours of operation.

Massage establishments shall not operate before 6:00 a.m. or after 9:00 p.m. Massage establishments may be opened seven days a week.



Sec. 11-4.2-9 Same -- right of entry of chief of police and director.

The chief of police and the director may enter, examine and survey any premises in the city for which a massage establishment permit has been issued to enforce the provisions of this chapter. Such inspections shall be made in a reasonable manner during business hours only. Every holder of a massage establishment permit shall be deemed, by virtue of the application for and utilization of such permit, to have consented and agreed to all of the provisions of this chapter, including the right of entry and inspection set forth in this section.

Sec. 11-4.2-10 Suspension or revocation of massage therapist, home massage or massage establishment permit.

(a) One or more violations of the provisions of this chapter by the permittee named in a massage therapist, massage establishment or home massage permit shall be grounds for the director, in the case of massage therapist and massage establishment permits, or the chief of police, in the case of home massage permits, to suspend or revoke the permit. Prior to a permit suspension or revocation, the director or chief shall provide written notice of the proposed action to the permittee, of the reasons for the proposed action, and of the opportunity for a hearing before the director or chief. The notice shall be mailed by certified mail to the last known address of the permittee. The permittee shall request a hearing before the director or chief by filing a request in writing within 10 days after notice of the director's or chief's proposed action has been mailed to the permittee. The director or chief shall schedule a hearing on a date and at a time that is mutually convenient to all parties. The director or chief shall give written notice of the date, time and place of the hearing to the permittee. Within 10 days of the hearing, the director or chief shall send a copy of his decision by certified mail to the permittee at his last known address. This decision shall be final and conclusive.

(b) If a permittee does not request a hearing, the action proposed by the director or chief shall be effective, and shall be final and conclusive, at the close of the tenth day following the day on which notice of the proposed action was mailed to the permittee. If the permittee requests but does not participate in the hearing, the action proposed by the director or chief shall be immediately effective, and shall be final and conclusive.

Sec. 11-4.2-11 Specific unlawful acts.

(a) It shall be unlawful for any person to provide or administer a massage in the city except as specifically authorized by section 11-4.2-2(b).

(b) It shall be unlawful for any person in a massage establishment, or in any of the other locations and facilities identified in section 11-4.2-2(b) at which massages may be provided or administered, to place his hand or hands upon, to touch with any part of his body, to fondle in any manner, or to massage a sexual or genital part of another person.

(c) It shall be unlawful for any person, in a massage establishment, or in any of the other locations and facilities identified in section 11-4.2-2(b) at which massages may be provided or administered, to expose a sexual or genital part, or any portion thereof, of his own to any other person, or to cause to be exposed a sexual or genital part, or any portion thereof, of any other person.


(d) It shall be unlawful for any person, while in the presence of any other person in a massage establishment, or in any of the other locations and facilities identified in section 11-4.2-2(b) at which massages may be provided or administered, to fail to conceal with a fully opaque covering the sexual or genital parts of his body.

(e) It shall be unlawful for any person owning, operating or managing a massage establishment or any of the other locations and facilities identified in section 11-4.2-2(b) at which massages may be provided or administered knowingly to cause, allow or permit in or about the establishment, location or facility any agent, employee or other person under his control or supervision to perform any of the acts described above in subsection (a), (b), (c) or (d).

Sec. 11-4.2-12 Penalties.

Any person violating any of the provisions of this chapter shall, upon conviction, be guilty of a class 1 misdemeanor and shall be punished by a fine not exceeding $2,500 or imprisonment not exceeding twelve months, or both. Violations of the provisions of this chapter may also be restrained, prohibited or enjoined by appropriate action or proceeding. Notwithstanding the above, no provision of this chapter shall apply to employees or agents of the United States, the Commonwealth of Virginia or the city, or of any agency or department of these governmental units, including city police officers, while in the performance of official duties.

Section 3. The repeal, by Section 1 of this Ordinance, of Chapter 4.1 of Title 11 of The Code of the City of Alexandria, 1981, as amended, shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, and the same may be enjoyed, asserted, enforced or prosecuted as fully and to the same extent as if such repeal had not been effected. Thus, for example, massage therapist permits and massage establishment permits issued under Chapter 4.1 shall remain valid until the date of their expiration.

Section 4. That the effective date of this ordinance shall be July 1, 1998.

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *

39. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to revise the code provisions that govern the city's review of proposed changes in the rates charged for the "basic tier" of cable television services offered by cable franchisees. (#22 6/9/98) [ROLL-CALL VOTE]



(A copy of the City Manager's memorandum dated June 4, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 6/13/98, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

Councilman Speck requested when there is a cable rate increase, that staff coordinate with Jones Communications' joint notice to make it clear to consumers that the City Council has no control over the increase, but that the FCC authorizes rate increases.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4009

AN ORDINANCE to amend and reordain Section 9-3-207 (ESTABLISHMENT OF RATES, CHARGES AND RULES), Section 9-3-208 (FILING AND REVIEW OF RATES AND CHARGES), Section 9-3-209 (PROVISIONS GENERALLY APPLICABLE TO RATE ORDERS), Section 9-3-210 (OBLIGATIONS OF FRANCHISEE), Section 9-3-211 (DUTIES OF THE OFFICE OF CITIZEN ASSISTANCE AND ADMINISTRATOR), and Section 9-3-212 (PENALTIES AND FORFEITURES), and to repeal Section 9-3-215 (REGULATION OF RATES; COMPLAINTS), of, and to add a new Section 9-3-216 (WAIVER AND EXTENSION) to, Article L, all of Chapter 3, Title 9 of The Code of the City of Alexandria,1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 9-3-207 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. 9-3-207 Establishment of rates, charges and rules.

(a) A franchisee's initial schedule of rates, charges and other matters, required by section 9-3-203, shall be filed with the administrator within 60 days of the commencement of service by the franchisee. Any change to the schedule of rates, charges and other matters shall be filed with the administrator within 60 days of the effective date of the change.




(b) No change shall be made in the rates, charges and other matters set out in a schedule required by section 9-3-203 and filed with the administrator until advance notice of the change has been provided to each subscriber and the administrator. This advance notice shall be provided to subscribers 30 days, and to the administrator 90 days, prior to the effective date of the change, unless otherwise required by FCC regulations. Notwithstanding the above, the administrator may, by general regulation or in particular instances, permit changes to be made on lesser notice to correct errors, to provide special or new service, or to address special emergency conditions. Notice of a change in the rates, charges or other matters set out in a schedule shall consist of a statement which describes each matter as to which a change is proposed, the manner in which the current schedule treats the matter, the change that is proposed and the reason for the proposed change.

Section 2. 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.

(a) Filings by franchisee.

(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 ("initial 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. Except as otherwise provided by law, 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 filing a submission justifying the increase ("rate increase filing") and obtaining 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 increase 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.

(2) Every initial rate filing and every rate increase filing (collectively, a "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 regulations governing the burden of proof, a filing submitted by a franchisee under this section shall demonstrate that the rates and charges being proposed for basic service and equipment are reasonable. Except as inconsistent with FCC regulations:

(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 or proposed increase in a rate that is based, in whole or in part, upon cost of service, and identify any pages of the filing that contain information that the franchisee claims is proprietary. If the filing proposes an increase in rates not based on cost of service, the cover letter shall state whether any part of the proposed increase is based on an inflation adjustment, an increase in external costs, an increase in the number of cable channels, or a combination of such increases.

(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.

(b) City review.

(1) Decision authority.

(i) Initial rate filings seeking to establish initial permitted basic service and equipment rates and charges, and rate increase filings seeking to establish increases in permitted basic service rates based on a cost of service showing, shall be decided, and appropriate implementing orders shall be issued, by city council consistent with the procedures set out in the FCC regulations (47 C.F.R. §76.933); provided, that the administrator shall review each such rate filing and make a recommendation to the council prior to its decision.

(ii) Rate increase filings seeking to establish increases in permitted basic service and equipment rates and charges based on the FCC's quarterly or annual price cap rate regulations (47 C.F.R. §76.922(d) and (e)), or to establish new basic service or equipment rates and charges, may be decided, and appropriate implementing orders may be issued, by the administrator consistent with the procedures set out in FCC regulations (47 C.F.R. §76.933); provided, that, if the administrator determines that such a rate increase filing should not be approved, that rates and charges which are less than those proposed in the filing should be approved, and/or that refunds should be ordered, her decision shall be in the form of a recommendation to city council which shall make the final decision on the filing and issue the implementing order; provided further, that the administrator shall make any such recommendation available to the franchisee and for public inspection prior to any council action, and shall forward to council, reasonably in advance of its decision, any comments on the recommendation made by the franchisee or members of the public.

(iii) Other matters relating to initial rate filings and rate increase filings, including without limitation the tolling of deadlines for review, permitting proposed rates and charges to take effect subject to refund, and directing a cable operator to keep an accurate accounting of all amounts received and on whose behalf such amounts were paid pursuant to 47 C.F.R. § 76.933, may be decided, and appropriate implementing orders may be issued, by the administrator.

(2) After receiving an initial rate filing or a rate increase filing, the office of citizen assistance shall publish a notice in a newspaper having general circulation in the city that the rate 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 a reasonable time, in light of the dates by which city council or the administrator must decide the rate filing and issue an order, in which written comments on the filing may be submitted to the office. A copy of any submitted comments shall be provided to the franchisee which may submit written comments in response. The office shall forward comments submitted by the public and response comments submitted by the franchisee to the administrator and, in rate filings to be decided by city council, to the council.

(3) In reaching a decision on an initial rate filing or a rate increase filing, the city council and the administrator, as the case may be, shall act in a manner that is consistent with the procedures set out in the FCC regulations (47 C.F.R. §76.933).

Section 3. 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 order issued by the city council or the administrator pursuant to section 9-3-208(b) approving or disapproving, in whole or in part, an initial rate filing or a rate increase filing, as those terms are defined in section 9-3-208(b) ("rate order"), shall be effective upon the date and upon such terms and conditions as specified by the council or the administrator. Any such rate order shall be released to the public and the franchisee. Where the council disapproves, in whole or in part, a rate filing, or orders that a rate or charge may go into effect subject to refund or otherwise orders refunds, 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 council's decision.

(b) 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 4. 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) 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 administrator's requests.

(f) Each franchisee is responsible for the continuing accuracy and completeness of information furnished to the city. Whenever information furnished by a franchisee is no longer accurate and complete in all significant respects, the franchisee shall correct the deficiencies.

Section 5. That Section 9-3-211 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. 9-3-211 Duties of the office of citizen assistance and administrator.

The office of citizen assistance and the administrator shall be responsible for administering the provisions of this article, as provided below. Without limitation and by way of illustration, and except as inconsistent with FCC regulations:

(1) The office shall ensure that notices are given to the public and the franchisee as required by this article and by FCC regulations.

(2) The administrator may submit requests for information to a franchisee and establish deadlines for the franchisee's response to them.

(3) For good cause, the administrator may extend any filing or response deadline except as to matters that are mandatory under FCC regulations.

(4) The administrator shall rule on any request for confidentiality.

(5) The administrator shall make the decisions and recommendations, and issue the implementing orders, as provided in section 9-3-208(b).



Section 6. That Section 9-3-212 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. 9-3-212 Penalties and forfeitures.

Except as prohibited by federal law, the city may impose fines or monetary forfeitures on a franchisee that does not comply with a rate order issued under this article, including an order requiring refunds to subscribers.

Section 7. That Section 9-3-215 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, repealed.

Section 8. That Article L, Chapter 3 of Title 9 of the Section 9-3-216 of The Code of the City of Alexandria, 1981, as amended, be, and the same hereby is, amended to read as follows:

Sec. 9-3-216 Waiver and extension.

For good cause, the city manager may waive any provision of this article or extend any deadline for filing or responding, except where the waiver or extension would violate FCC regulations or deny due process.

Section 9. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to any rate filings pending as of the date of final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *

40. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to designate the Alexandria community services board as an administrative policy community services board, and to conform the criteria which determine the composition of the city's board with the criteria in state law. (#23 6/9/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 29, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 6/13/98, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that Julie Jakopic, representing the Alexandria Community Services Board, was available to answer questions.



WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4010

AN ORDINANCE to amend and reordain Section 12-2-1 (ESTABLISHMENT; COMPOSITION; APPOINTMENT; TERM OF OFFICE; REMOVAL) and Section 12-2-3 (POWERS AND DUTIES) of Chapter 2 (ALEXANDRIA COMMUNITY SERVICES BOARD), Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 12-2-1 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. 12-2-1 Establishment; composition; appointment; term of office; removal.

(a) There is hereby established a board to be known as the Alexandria Community Services Board, herein referred to as the board. The board shall be an "administrative policy community services board," as that term is defined in section 37.1-194.1 of the Code of Virginia (1950), as amended.

(b) The board shall consist of 16 members, each of whom shall reside in the city while serving and shall have resided in the city for at least one year next preceding his appointment. The members, except the sheriff who is a member by virtue of his office, shall be appointed by the mayor, with the advice and consent of the council. At least one of the members of the board shall be a licensed physician. Another member shall be the sheriff, or the sheriff's designee, who shall be a permanent member. The sheriff's designation, if any, shall be in writing and must be approved by the mayor, with the advice and consent of the city council. One third of the appointments to the board shall be identified consumers or family members of consumers, at least one of whom shall be a consumer receiving services. No employee or board member of an organization that receives funding from any community services board shall be appointed as a member of the board. The board shall not be composed of a majority of elected or appointed officials of the city; nor shall the city be represented on the board by more than two elected or appointed officials.

(c) Appointed members shall be appointed for terms of three years each except that, in the event that the terms of more than five members shall expire at one time, new appointments shall be staggered between one-, two- and three-year appointments to allow for no more than five terms to expire each year. The term of every member appointed shall run from July 1 of the year of appointment. No person shall be eligible to serve more than three terms; provided, that persons appointed to an initial term of less than three years may serve three additional terms. Vacancies shall be filled for the balance of the unexpired terms in the same manner as original appointments. Members shall serve without compensation but may receive such reimbursement for expenses as council may allow. Any member of the board may be removed by the appointing authority for cause after being given a written statement of the cause and an opportunity to be heard thereon.

Section 2. That Section 12-2-3 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. 12-2-3 Powers and duties.

The board shall, subject to availability of funds, have the following powers and duties:

(1) those provided for in section 37.1-197(B) and section 37.1-197.1 of the Code of Virginia (1950), as amended; and

(2) such other powers and duties as the city council may from time to time assign.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *

41. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to impose a telecommunications franchise fee upon telecommunication companies which use public rights-of-way in the city, pursuant to authority conferred upon localities by the Virginia General Assembly during its 1998 session. (#24 6/9/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 6/13/98, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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





WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4011

AN ORDINANCE to add a new Article F (PUBLIC RIGHTS-OF-WAY USE FEE) to Chapter 2 (STREETS AND SIDEWALKS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 2 of Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Article F, to read as follows:
ARTICLE F
Public Rights-of-Way Use Fee

Sec. 5-2-160 Definitions.

The following words and phrases, when used in this article, shall have the following meaning:

(a) "Access lines" includes residence and business telephone lines and other switched common lines connecting a customer's, or end user's, premises located in the city to the end office switch, but does not include local, state and federal government lines, access lines used to provide service to users as part of the Virginia Universal Service Plan, interstate and intrastate dedicated WATS lines, special access lines, off-premises extensions, official lines used by certified providers of telecommunications service for administrative, testing, intercept and verification purposes, or commercial mobile radio service lines.

(b) "Certificated provider of telecommunications service" or "certificated provider" means a public service corporation holding a certificate issued by the state corporation commission of Virginia to provide local exchange or interexchange telephone service.

Sec. 5-2-161 Public Rights-of-Way Use Fee.

(a) Pursuant to section 58-468.1 of the Code of Virginia (1950), as amended, the city elects to adopt the public rights-of-way fee provided for by said code section. Accordingly, there is hereby imposed upon each access line of every certificated provider of telecommunications service a public rights-of-way use fee in the amount to be calculated annually by the Virginia department of transportation under section 56-468.1(C) of the Code of Virginia.

(b) Every certificated provider that provides local exchange telephone service to end users in the city shall collect the public rights-of-way use fee on a per access line basis by adding the fee to each end user's monthly bill for local exchange telephone service.

(c) Until the end user pays the public rights-of-way use fee to the certificated provider, the fee shall constitute a debt of the user that is owed to the city. Whenever an end user fails or refuses to pay the fee, the certificated provider shall notify the director of finance of the user's identify and the total amount of fees that the user has refused or failed to pay. Such notification of unpaid use fees shall be provided to the director of finance within two months after the end of each calendar quarter.

(d) After an end user pays the public rights-of-way use fee to the certificated provider, the collected fee shall be deemed to be held in trust by the provider until remitted to the director of finance. Within two months after the end of each calendar quarter, the certificated provider shall remit directly to the director of finance all public use fees that it has collected from end users during the quarter.

(e) Every certificated provider shall keep complete records showing all public rights-of-way use fees collected in each calendar quarter. Such records shall be kept open for inspection by the director of finance or the director's designee.

(f) Nothing in this section shall:

(1) relieve any certificated provider from complying with the requirements and restrictions imposed by this code, or by other law or regulations, regarding its use of and activities within public rights-of-way in the city, including but not limited to the placement, construction, repair, maintenance and removal of its facilities; provided, that any permit or other permission required by this code or city regulations that is sought by a certificated provider shall be granted or denied within 45 days of the submission of a complete application, and that any denial shall be accompanied by a written explanation of the reasons for the denial and the actions required to cure the denial;

(2) affect the amount payable by a certificated provider for the right to place facilities or otherwise use property of the city other than public rights-of-way;

(3) affect the authority of the city to impose a franchise fee upon cable television franchisees, or the obligation of such franchisees to pay the franchise fee imposed upon them, pursuant to section 9-3-232 of this code; or

(4) affect the authority of the city to impose a franchise fee upon persons who locate facilities or otherwise use public rights-of-way for purposes other than the provision of local exchange or interexchange telephone service or the provision of cable television service.






Section 2. That this ordinance shall become effective on July 1, 1998.

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *

42. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the transportation element of the Alexandria Master Plan to add the Bicycle Transportation and Multi-Use Master Plan. (#25 6/9/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4012

AN ORDINANCE to amend and reordain the Transportation Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the "Bicycle Transportation and Multi-use Trail Master Plan" heretofore approved by city council as Master Plan Amendment No. 98-0001, and to repeal all provisions of the said chapter as may be inconsistent with such plan.

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

1. In Master Plan Amendment No. 98-0001, the Planning Commission on its own motion initiated the amendment of the Transportation Chapter of the 1992 Master Plan to include the "Bicycle Transportation and Multi-use Trail Master Plan" developed by the Department of Recreation, Parks and Cultural Activities together with the Bicycle Study Committee and others.

2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.

3. 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 Transportation Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby is, amended to include therein the "Bicycle Transportation and Multi-use Trail Master Plan," attached hereto and incorporated herein fully by reference as Attachment 1, as amended by the planning commission on May 5, 1998, and as further amended by the city council on May 16, 1998, which amendments are attached hereto and incorporated herein fully by reference as Attachments 2 and 3, respectively.

Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing master plan amendment as part of the Transportation Chapter of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 3. That the Transportation Chapter of the 1992 Master Plan of the City of Alexandria, as amended by this ordinance, be, and the same hereby is reordained as part of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 4. 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 5. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Attachments: "Bicycle Transportation and
Multi-use Trail Master Plan"
Planning Commission Action Docket, May 5, 1998
City Council Docket Memorandum, May 16, 1998

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *


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43. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public street right-of-way for bay windows and an entrance cover at 101 North West Street. (#26 6/9/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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 Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4013

AN ORDINANCE authorizing the owner of the property at 101 North West Street to establish and maintain an encroachment into the public sidewalk right-of-way of the 100 block of North West Street, in the City of Alexandria, Virginia.

WHEREAS, George Thomas Pick is the owner of the property located at 101 North West Street in the City of Alexandria, Virginia; and

WHEREAS, Mr. Pick desires to establish and maintain two bay windows and an entrance cover which will encroach into the public sidewalk in front of 101 North West Street; and

WHEREAS, the public sidewalk at that point on the 100 block of North West Street will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That George Thomas Pick, and his successors and assigns (collectively the "Owner"), be, and the same hereby are, authorized to establish and maintain an encroachment into the public sidewalk right-of-way at 101 North West Street in the City of Alexandria, said encroachment consisting of (i) two bay windows that will be 3.75 feet in length and will project from Owner's property approximately 2.17 feet into the public right-of-way, and (ii) an entrance cover that will be 13.5 feet in length and will project from Owner's property approximately three feet into the public right-of-way, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to hold harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 5. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 6. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 7. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *

44. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public street right-of-way for bay windows at 1303 King Street. (#27 6/9/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance reads as follows:
ORDINANCE NO. 4014

AN ORDINANCE authorizing the owner of the property at 1303 King Street to establish and maintain an encroachment into the public right-of-way of the 1300 block of King Street, in the City of Alexandria, Virginia.

WHEREAS, Davis Elkins is the owner of the property located at 1303 King Street in the City of Alexandria, Virginia; and

WHEREAS, Mr. Elkins desires to establish and maintain two bay windows which will encroach into the public right-of-way at 1303 King Street; and

WHEREAS, the public right-of-way at that point on the 1300 block of King Street will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Davis Elkins and his successors and assigns (collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way at 1303 King Street in the City of Alexandria, said encroachment consisting of two bay windows projecting from Owner's property approximately 1.8 feet into the public right-of-way and 4.1 feet in length, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 5. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 6. That Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, Virginia, 1981, as amended.

Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 8. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *

45. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the support of the city government for fiscal year 1998. (#28 6/9/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 6/13/98, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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




WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4015

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 1998, which began on the first day of July 1997 and ends on the thirtieth day of June 1998.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1997, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1998, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Human Relations $ 10,529
Commonwealth Attorney 122,299
Sheriff 7
Other Correctional and Justice Activities 8,400
Court Service Unit (14,368)
Transportation and Environmental Services 1,250,000
Fire 10,827
Police 50,000
Housing (389,551)
Mental Health/Mental Retardation and
Substance Abuse 290,447
Human Services 1,477,412
Recreation 2,000
Schools 1,399,517

Total Estimated Revenue $ 4,217,519







APPROPRIATION:

Human Relations $ 10,529
Commonwealth Attorney 122,299
Sheriff 7
Other Correctional and Justice Activities 8,400
Court Service Unit (14,368)
Transportation and Environmental Services 1,250,000
Fire 10,827
Police 50,000
Housing (389,551)
Mental Health/Mental Retardation and
Substance Abuse $ 290,447
Human Services 1,477,412
Recreation 2,000
Schools 1,399,517

Total Appropriation $ 4,217,519

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1998, the source of such amounts being donations to the city and proceeds from federal and state seized asset programs which have been accepted and adjusted after July 1, 1997, but not appropriated, and further, that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1998, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Fire $ 830
Police 313,154
Human Services 30,000
Historic Alexandria 19,096

Total Estimated Revenue $ 363,080

APPROPRIATIONS:

Fire $ 830
Police 313,154
Human Services 30,000
Historic Alexandria 19,096

Total Estimated Revenue $ 363,080

Section 3. That the Council of the City of Alexandria, Virginia, does hereby authorize the transfer from the General Fund (Designated General Fund Balance) to the Capital Projects Fund (Reserved Capital Project Fund Balance), and does make provision for and appropriate to the latter fund, the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1998, and further, that the council does hereby allot the amount so appropriated as follows: (i) to the following capital projects which are included in the city's fiscal year 1998-2003 capital improvement program adopted by city council on May 1, 1997 -- city projects nos. 002-007 (Branch Libraries), 002-003 (New Central Community Library), 003-015 (Downtown Transportation/Parking), 003-004 (Municipal Waterfront Improvement Program), 003-014 (Mt. Vernon Avenue Improvements), 003-002 (Route 1 Beautification), 003-018 (South Waterfront - Jones Point/Ford Plant/Marina), 003-019 (Streams and Waterfront Dredging), 004-051 (Bike Trails), 004-013 (Cameron Station), 004-001 (Chinquapin Park and Recreation Center), 004-036 (Hensley Park), 004-012 (Park Improvements), 004-014 (Land Acquisition) 004-039 (Fort Ward Park), 004-015 (Northern Virginia Regional Park), 004-033 (Landscaping of Public Sites), 004-179 (Recreation Facilities Improvements), 004-003 (Four Mile Run Park), 004-038 (Simpson Stadium), 005-003 (Acquisition and Preservation of Historic Buildings), 005-016 (Market Square Renovations), 005-020 (Renovation and Maintenance of Existing City Facilities), 005-033 (Energy Conservation Program), 005-038 (Animal Shelter), 005-039 (Public Safety Radio System), 005-021 (Torpedo Factory Repurchase), 006-004 (Peumansend Creek Regional Jail), 008-005 (Driver Training Track), 009-039 (Traffic Control Facilities), 010-001 (Rapid Rail Transit), 010-002 (Bus and Rail Capital Replacement/Improvement), 010-006 (Alexandria Transit Corporation (ATC) Buses), 011-031 (Beauregard and Seminary Interchange, 011-075 (Undergrounding of Utilities and Street Lighting), 011-083 (Braddock Road Metro Improvements), 011-096 (Bridge Repairs and Maintenance), 011-097 (King Street Metro Station Area Improvements), 011-104 (King and Beauregard Intersection Improvements), 011-105 (Mill Road Realignment), 011-012 (Sidewalk, Curb, and Gutter Program), 011-011 (Street Reconstructions and Extensions), 012-003 (Storm Sewer Reconstructions and Extensions), 013-005 (Sanitary Sewer Reconstructions and Extensions), 013-010 (Sewer Separation and Pollution Abatement), 014-006 (Waste-to-Energy Facility), 015-004 (Information Technology Connectivity Projects), 015-005 (Information Technology Systems Development), 016-001 (Northern Virginia Community College); and (ii) to the capital projects identified in the Alexandria City Public Schools' fiscal year 1998 capital budget approved by the school board on December 5, 1996.

GENERAL FUND

FINANCING USE:

Transfer Out to Capital Projects Fund $ 5,615,893

Total Transfer Out $ 5,615,893

CAPITAL PROJECT FUND

ESTIMATED REVENUE:

Transfer In from General Fund $ 5,615,893

Total Financing Source $ 5,615,893

APPROPRIATION:

Capital Projects $ 5,615,893

Total Appropriation $ 5,615,893



Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amount being miscellaneous revenue, and further, that the council does hereby allot the amount so appropriated for fiscal year 1998, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Miscellaneous $ 26,395

Total Estimated Revenue $ 26,395

APPROPRIATION:

Office of Historic Alexandria $ 26,395

Total Appropriation $ 26,395

Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amount being Equipment Replacement Retained Earnings, and further, that the council does hereby allot the amount so appropriated to the various city departments for fiscal year 1998, as follows:

EQUIPMENT REPLACEMENT FUND:

APPROPRIATION:

Police $ 116,369
Recreation 31,310
Commonwealth Attorney 14,332
Library 6,400

Total Appropriation $ 168,411

Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amount being Designated General Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Designated General Fund Balance $ 2,088,870

Total Estimated Revenue $ 2,088,870


APPROPRIATION:

Non-Departmental (Woodrow Wilson Bridge
Litigation) $ 1,000,000
Non-Departmental (Elderly Tax Relief) 575,000
Non-Departmental (compensated absences) 513,870

Total Appropriation $ 2,088,870

Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amount being Reserved Capital Project Fund Balance, Intergovernmental Revenues and contributions, and further, that the council does hereby allot the amount so appropriated for and to the following capital projects which are included in the city's fiscal year 1998-2003 capital improvement program adopted by city council on May 1, 1997: city project nos. 003-015, 009-039, 010-006, and 015-003.

CAPITAL PROJECTS FUND

ESTIMATED REVENUE:

Reserved Capital Projects Fund Balance $ 4,000,000
Intergovernmental Revenue 1,085,000
Contributions 1,300,000 Total Estimated Revenue $ 6,385,000

APPROPRIATION:

Capital Projects $ 6,385,000

Total Appropriations $ 6,385,000

Section 8. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the Schools the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1998, the source of such amount being School Food Services Fund Balance, and further that the council does hereby allot the amount so appropriated for fiscal year 1998, as follows:

COMPONENT UNIT

ESTIMATED REVENUE:

Component Unit - School Food Services
Fund Balance $ 500,000

Total Estimated Revenue $ 500,000

APPROPRIATION:

Component Unit - School Food Services $ 500,000

Total Appropriation $ 500,000

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

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
* * * * *

46. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make appropriations for the support of the city government for fiscal year 1999. (#29 6/9/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

Mayor Donley spoke to the funds for a new West End school which had been placed in a contingency fund until such time that Council took up the issue.

Councilman Speck urged that the Manager and her staff be actively involved in this construction project.

Council Member Walker shared some of Councilman Speck's concerns and stated that the new West End school should not be looked at as the answer to every problem that the schools have. She indicated that it is important that the schools be responsive to the community and that every stage of the building of the West End school should have a lot of community input, not just those who have children in the schools, and that Council should be included as part of the community.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance upon its Second Reading and Final Passage with the following amendments: (1) that the FY 1999 appropriation to the Alexandria City Public Schools for the operating budget be increased by $295,337 in State aid intergovernmental revenues to reflect the transfer of these monies for one-time capital expenses from the capital appropriation to the Schools to the operating budget appropriation, for a total operating appropriation of $115,891,518, and that this change be reflected in Sections 2, 3 and 6 and in Tables I and II, as appropriate; (2) that the FY 1999 appropriation for capital improvement expenditures be reduced by $295,337 in intergovernmental revenues, as a result of these monies being transferred to the Schools operating budget, for a total FY 1999 capital appropriation of $53,104,882 (including City and Schools projects), and that this change be reflected in Sections 2, 3, 5 and 6 and Tables I and II as appropriate; and (3) that in Section 5 of the Ordinance, the $4,125,000 for School construction be included in the total FY 1999 capital budget appropriation to the Schools, for a total Schools capital appropriation of $14,696,000 for all

projects reflected in the Public Schools' capital budget as approved by the School Board on February 19, 1998. The voting was as follows:

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

The substitute ordinance finally passed as follows:
ORDINANCE NO. 4016

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, for the payment of interest and principal on the city debt and other municipal expenditures and expenses, and for other purposes, for the fiscal year beginning on the first day of July 1998 and ending on the thirtieth day of June 1999.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, pursuant to section 6.07 of the city charter, the sum of $399,762,053 be, and the same hereby is, appropriated for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1998 and ending on the thirtieth day of June 1999.

Section 2. That, pursuant to section 6.07 of the city charter, the sum of $399,762,053 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1998 and ending on the thirtieth day of June 1999 be, and the same hereby is, further appropriated to the following city departments, major operating units, component units and major categories of expenditures in the amounts set forth below:

Department/Unit/Component Unit/
Category of Expenditure Appropriation

City Council $ 419,420
City Manager 804,288
Citizens Assistance 534,275
Human Relations 1,543,077
18th Circuit Court 818,488
18th General District Court 109,371
18th Juvenile Court 30,436
Commonwealth's Attorney 1,806,701
Sheriff 15,316,645
Clerk of Court 1,209,258
Law Library 120,383
Other Correctional Activities 3,095,805
Court Services Unit 692,196
Financial and Information Technology Services 12,113,914
Office of Legislative Director 164,900
City Clerk and Clerk of Council 280,932
Personnel 1,723,686
Planning & Zoning 2,985,207
City Attorney 1,118,439
Registrar of Voters 544,408
General Services 7,857,738
Transportation and Environmental Services 18,422,865
Transit Subsidies 7,209,145
Fire 21,805,744
Police 30,099,566
Office of Housing 4,537,815
Mental Health/Mental Retardation/
Substance Abuse 21,670,635
Health 5,634,989
Human Services 32,395,171
Human Services Contributions 1,005,000
Office of Historic Alexandria 1,987,452
Recreation, Parks and Cultural Activities 11,696,236
Component Unit-Library 3,930,183
Component Unit-Schools 115,891,518
Other Educational Activities 13,064
Internal Service 4,168,370
Contingent Reserves 500,000
General Debt Service 6,350,548
Non-Departmental 6,049,303
Capital Projects 53,104,882

TOTAL APPROPRIATIONS 399,762,053

Section 3. That, pursuant to section 6.07 of the city charter, the sum of $399,762,053 appropriated in section 1 of this ordinance for the support of the City of Alexandria in the fiscal year beginning on the first day of July 1998 and ending on the thirtieth day of June 1999 be, and the same hereby is, further appropriated to the following principal objects of city expenditures:

Object of Expenditures Appropriation

Personnel Services $131,994,795
Non-Personnel Services 84,660,108
Capital Outlay 563,430
Component Unit-Library 3,930,183
Component Unit-Schools 115,891,518
Component Unit-Alexandria Transit Company 4,497,000
Pilot Recycling Program 951,767
Equipment Replacement 4,168,370
Capital Projects 53,104,882

TOTAL APPROPRIATIONS $399,762,053

Section 4. That the sum of $399,762,053 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1998 and ending on the thirtieth day of June 1999 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

General Property Taxes $172,780,000
Other Local Taxes 64,237,000
Permits, Fees and Licenses 2,484,000
Fines and Forfeitures 3,606,000
Intergovernmental Revenue 70,559,448
Charges for Services 24,023,548
Revenue from Use of Money and Property 7,210,880
Miscellaneous Revenue 2,953,731
Sale of Land 126,000
Unreserved Fund Balance - General Fund:
Subsequent Year's Budget 797,680
Capital Projects Fund Balance to be
Reimbursed by Future Bond Proceeds 45,011,926
Capital Projects Fund Balance 5,615,893
Retained Earnings - Internal Service Fund 355,947

TOTAL ESTIMATED REVENUE $399,762,053

Section 5. That, pursuant to section 6.14 of the city charter, the sum of $53,104,882 be, and the same hereby is, appropriated for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 1998 and ending on the thirtieth day of June 1999. This sum, which consists of the $53,400,219 appropriated as Capital Projects in section 2 of this ordinance, is appropriated as follows: (i) $ 38,408,882 to the following capital projects which are included in the city's fiscal year 1999-2004 capital improvement program adopted by city council on May 6, 1998: city capital improvement project nos. 002-007 (Branch Libraries), 002-003 (New Central Community Library), 003-015 (Downtown Transportation/Parking), 003-004 (Municipal Waterfront Improvement Program), 003-014 (Mt. Vernon Avenue Improvements), 003-002 (Route 1 Beautification), 003-018 (South Waterfront - Jones Point/Ford Plant/Marina), 003-019 (Streams and Waterfront Dredging), 004-051 (Bike Trails), 004-013 (Cameron Station), 004-001 (Chinquapin Park and Recreation Center), 004-036 (Hensley Park), 004-012 (Park Improvements), 004-014 (Land Acquisition) 004-039 (Fort Ward Park), 004-015 (Northern Virginia Regional Park), 004-033 (Landscaping of Public Sites), 004-179 (Recreation Facilities Improvements), 004-003 (Four Mile Run Park), 004-038 (Simpson Stadium), 005-003 (Acquisition and Preservation of Historic Buildings), 005-016 (Market Square Renovations), 005-020 (Renovation and Maintenance of Existing City Facilities), 005-033 (Energy Conservation Program), 005-038 (Animal Shelter), 005-021 (Torpedo Factory Repurchase), 006-004 (Peumansend Creek Regional Jail), 008-005 (Driver Training Track), 010-001 (Rapid Rail Transit), 010-002 (Bus and Rail Capital Replacement/Improvement), 010-006 (Alexandria Transit Corporation (ATC) Buses), 011-031 (Beauregard and Seminary Interchange), 011-075 (Undergrounding of Utilities and Street Lighting), 011-083 (Braddock Road Metro Improvements), 011-096 (Bridge Repairs and Maintenance), 011-097 (King Street Metro Station Area Improvements), 011-104 (King and Beauregard Intersection Improvements), 011-105 (Mill Road Realignment), 011-012 (Sidewalk, Curb, and Gutter Program), 011-011 (Street Reconstructions and Extensions), 012-003 (Storm Sewer Reconstructions and Extensions), 013-005 (Sanitary Sewer Reconstructions and Extensions), 013-010 (Sewer Separation and Pollution Abatement), 014-006 (Waste-to-Energy Facility), 015-004 (Information Technology Connectivity Projects), 015-005 (Information Technology Systems Development), 016-001 (Northern Virginia Community College); and (ii) $14,696,000 to the capital projects identified in the Alexandria City Public Schools' capital budget approved by the school board on February 19, 1998.




Section 6. That the sum of $53,104,882 appropriated in section 5 of this ordinance for capital improvement project expenditures of the City of Alexandria and the Alexandria City Public Schools in the fiscal year beginning on the first day of July 1998 and ending on the thirtieth day of June 1999 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

Transfer In from General Fund $ 2,477,063
Reserved Fund Balance - Capital Projects Fund 5,615,893
Capital Projects Fund Balance to be Reimbursed
by Future Bond Proceeds 45,011,926

TOTAL ESTIMATED REVENUE $53,104,882

Section 7. That the sum of $115,285,289 be, and the same hereby is, authorized to be transferred between the following funds maintained by the city, as set forth below:

From Amount To Amount

General Fund $17,632,418 Special Revenue Fund- $17,632,418
General

General Fund 2,477,063 CapitalProjects Fund 2,477,063

General Fund 88,812,971 Component Unit- 88,812,971
Schools
General Fund 2,757,000 Component Unit- 2,757,000
AlexandriaTransit Company

General Fund 3,605,837 Component Unit-Library 3,605,837

TOTALS $115,285,289 $115,285,289

Section 8. That the sum of $399,762,053 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1998 and ending on the thirtieth day of June 1999 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each city department, major operating unit, component unit and major category of expenditure, to the funds maintained by the city as shown in Table I on the following page of this ordinance.



Section 9. That the sum of $399,762,053 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1998 and ending on the thirtieth day of June 1999 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each major source of revenue, to the funds maintained by the city as shown in Table II on the following page of this ordinance.


Section 10. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 06/09/98
First Reading: 06/09/98
Publication: 06/10/98; 6/11/98
Public Hearing: 06/13/98
Second Reading: 06/13/98
Final Passage: 06/13/98
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (47 - 62)

Planning Commission (continued)

47. SPECIAL USE PERMIT #98-0051 — 2922 DUKE STREET — SKYHILL SHELL STATION -- Public Hearing and Consideration of a request for a special use permit to allow a storage trailer; zoned CG/Commercial General. Applicant: Anjali and Anisha Inc., by Poonam S. Kapani.

48. SPECIAL USE PERMIT #98-0056 — 1313-A POWHATAN STREET -- Public Hearing and Consideration of a request for a special use permit for storage trailers; zoned CSL/Commercial Service Low. Applicant: United States Patent Model Foundation.

49. SPECIAL USE PERMIT #98-0064 — 34 SOUTH REYNOLDS STREET ANTONIO’S -- Public Hearing and Consideration of a request for a special use permit amendment for a restaurant to approve an outdoor dining area, to change the hours of operation and to amend conditions of the permit; zoned CG/Commercial General. Applicant: DGF Restaurant Group, Inc., by Dimitri Alexis.

50. SPECIAL USE PERMIT #98-0071 — 2400-B MOUNT VERNON AVENUE — DEL RAY DINER -- Public Hearing and Consideration of a request for a special use permit to add outdoor seating to an existing restaurant and for a parking reduction; zoned CL/Commercial Low. Applicant: Del Ray Diner, by Roberto Araujo.





51. TEXT AMENDMENT #98-0010 — AUTOMOBILE SALES BUSINESSES -- Public Hearing and Consideration of an amendment to the Zoning Ordinance to change the rules for allowing general automobile repair uses. Staff: City of Alexandria, Department of Planning and Zoning.

52. SPECIAL USE PERMIT #98-0034 — 1515 MT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school; zoned CL/Commercial Low. Applicant: Frances R. Dean.

53. MASTER PLAN AMENDMENT #97-0004 -- REZONING #97-0004 — 3900-4400 WHEELER AVENUE -- Public Hearing and Consideration of a request for an amendment to the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and to change the zoning designation of the subject property from UT/Utilities and Transportation to I/Industrial. Applicant: AMT, L.L.C., by Katherine H. Hinken.

54. SPECIAL USE PERMIT #98-0019 — 1900 DUKE STREET — U. S. PATENT AND TRADEMARK OFFICES — CARLYLE SITE -- Public Hearing and Consideration of a request for an amendment to the Carlyle site special use permit to accommodate development of the proposed U.S. Patent and Trademark Offices, including changes in heights, conditions and design guidelines; zoned CDD-1/Coordinated Development District. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.

55. VACATION #98-0002 — 1900 DUKE STREET — CARLYLE SITE -- Public Hearing and Consideration of a request for vacation of a portion of the public right-of-way; zoned CDD-1/Coordinated Development District. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney, and appointment of viewers for same.

56. VACATION #98-0001 — 900 SECOND STREET — BETWEEN FIRST STREET, SECOND STREET, COLONIAL AVENUE, AND POWHATAN STREET — FIRE STATION #54 -- Public Hearing and Consideration of a request for vacation of an interior court; zoned RB/Residential. Applicant: City of Alexandria, Department of Planning and Zoning, and appointment of viewers for same.

57. SPECIAL USE PERMIT #97-0197 — 900 SECOND STREET — FIRE STATION #54 -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of additions to the existing fire station building and changes to the parking lot; modifications to yards are requested; zoned RB/Residential. Applicant: City of Alexandria, Department of Planning and Zoning.

58. SPECIAL USE PERMIT #98-0039 — 1616 KING STREET — HAMPTON INN -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a hotel and retail space, with increase in floor area ratio and reduction of requirement for loading spaces; zoned OCH/Office Commercial High. Applicant: Benmol Corporation, by Duncan W. Blair, attorney.

59. SPECIAL USE PERMIT #98-0065 — 3100-3200 BUSINESS CENTER DRIVE — DASH BUS FACILITY -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a bus storage lot; zoned I/Industrial. Applicant: City of Alexandria, Department of Transportation and Environmental Services.

60. SPECIAL USE PERMIT #98-0074 -- 3100-3200 BUSINESS CENTER DRIVE -- DASH BUS FACILITY -- Public Hearing and Consideration of a request to remove the area proposed for the DASH bus storage lot from the Alexandria Business Center special use permit; zoned I/Industrial. Applicant: City of Alexandria, Department of Transportation and Environmental Services.

61. SPECIAL USE PERMIT #98-0061 — 614 GIBBON STREET — SAGUAROS TACO & TORTILLA COMPANY -- Public Hearing and Consideration of a request for a special use permit to operate a carry-out restaurant and for a parking reduction; zoned CL/Commercial Low. Applicant: Todd Stallings and Glen Adams.

62. CHARTER SECTION 9.06; CASE #98-02 — 3100-3200 BUSINESS CENTER DRIVE — DASH BUS FACILITY -- Public Hearing and Consideration of a request for approval for the City purchase of land for a DASH bus storage lot, pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria. Applicant: City of Alexandria, Department of Transportation and Environmental Services.

Note: The above 9.06 item is for Council's information since 9.06 items are final actions by the Planning Commission, unless the Planning Commission recommends against, in which case, 9.06 items come to Council.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals and withdrawals.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, at 2:20 p.m., the Public Hearing Meeting of Saturday, June 13, 1998, was adjourned. The voting was as follows:

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