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16 Ms. Kelley said she will provide more information before the second reading. On motion by Mr. Lynch, seconded by Mr. Caravati, the ordinance entitled an "AN ORDINANCE TO AMEND CHAPTERS FIVE, FOURTEEN AND THIRTY OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990), AS AMENDED, TO UPDATE PROVISIONS RELATED TO THE ASSESSMENT AND COLLECTION OF CERTAIN TAXES" was offered and carried over to the next meeting for consideration. ORDINANCE: l0TM STREET ALLEY CLOSING Mr. Lynch said the question is what amount of money to charge to close the alley, and proposed $4,000 which is 10% of its fair market value. He said his reason for that value is that it is really more of a quitclaim rather than an alley closing. He said that even if the City's claim to the property is weak we still have a claim. He said City staff also did a fair amount of work researching this and the $4,000 will help the City recover its costs. Ms. Lisa Kelley, Deputy City Attorney, explained that the price charged should be based on one of the following: 1) fair market value, in this case an easement; 2) contributory value to abutting properties, which is still an easement; and 3) a price mutually agreed on, which is not applicable tonight. Mr. Schilling agreed with Mr. Lynch and said that in the future when the Planning Commission recommends that a fee be charged for a closing, he thinks the item should not be placed on the consent agenda without a fee. Mr. Craig Brown, City Attorney, said that historically the City has charged for dedicated rights-of-way, but this is a purely private alley and the City has no legally enforceability concerning it. He said we are trying to sell something we do not own. Mr. Lynch said that arguably the City has an interest it is giving up, and also referred to the staff work involved. Ms. Kelley said there is no evidence that this property was intended for public use. She said it is cleaner for the owner to close the alley and get clear title. Responding to a question from Mr. Caravati, Ms. Missy Creasy, Planner in Neighborhood Development Services, said that the owner has agreed to maintain the easement for five years. Mr. Caravati said he thinks that is too little time and would support increasing it to ten years. He said his concern is who will maintain it since it will become a private easement. Mr. Caravati made a motion to approve closing the alley for a price of $4,038.30 and to include a requirement that it be maintained for ten years and that there is never a mechanical means to prevent access. Ms. Kelley explained that the applicant, at the request of the Planning Commission, had an easement document signed by all affected neighbors, and this motion would require the applicant to rewrite and recirculate the document. Mr. Caravati said he hopes the closing will be to the total benefit of the residents on the Market Street side. Responding to questions from Mr. Schilling, Ms. Creasy said the applicant will pave the alley, remove snow, and aid in fixing drainage problems, and said that the length of the pavement will be 350 feet. Dr. Brown asked what if the City requires maintenance for ten years.