We'll go ahead and call our September 11th City Council meeting to order. We apologize for the late start if those of you were in the room wondering where we were. We obviously were out in celebration of Patriots Day and the remembrance of September 11th and the amphitheater and where we apologize for being a few minutes late. If you at this time would stand for the invocation, which will be presented by Councilman Rasmussen and then remain standing for the Pledge of Allegiance, which will be led by Fairfax City Brownie Troop 1625, who will come down in front at that time. What is pretty? The Lord of all creation, we honor this day of prayer and remembrance. We bring before you the pain of the tragedy and memories of the events of 9-11. We seek your protection of all students and educators as they begin another year of learning. We strive to recognize and meet the needs of our community, and lastly give us wisdom to make good decisions. Amen. Q. I will please come forward. Brownlee to the station. I'm going to go to the station. I'm going to go to the station. I'm going to go to the station. I'm going to go to the station. I'm going to go to the station. I'm going to go to the station. I'm going to go to the station. I'm going to go to the station. I'm going to go to the station. I'm going to go to the station. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the United States of America and to the Republic of America, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the United States, to the color guard gets dismissed, because there's mom and dad at home watching, why don't you just real quick and share with us your name? Kaylee, Elizabeth. Go ahead, what's your last thing to? Dean Carter, Emily Johnson. Sydney Robinson. Mary Higreon. Hannah Machino. Adi Hatchel. Emma Debal. Emma Bailey. Alexis Johnson. Linda Carter. Thank you all very much. Let's show a round of applause for them. Thank you. You all can be seated. Thank you. It is now just before we start sort of our official agenda. It's my pleasure to make a very special presentation. And honor Frank Carter, who actually was the first commissioner of revenue. if I could ask his wife for a burden to please come forward. We also are honored to have our Commissioner Revenue, Winita Dickerson, and former Commissioner Revenue and our current Commissioner Revenue page Johnson, if you all would please come forward as well. Winita asked why she was coming forward. I said she makes for a much better photo than page of myself. That's true. It's my pleasure to read the following calculations. Whereas Frank Mayer Carter was born in Waverly, Iowa on September 12, 1924. Whereas Frank Carter served as a paratrooper with the 11th Airborne Division in the United States Army at the close of World War II and in Japan with the United States' occupational force until being honorably discharged in 1947. Where his Frank Carter graduated from the University of Iowa in 1949 in the University of Iowa Law School in 1951, where his Frank Carter has been a resident of Fairfax, Virginia since 1952, a resident of the town in the city of Fairfax for 56 years. Whereas Frank Carter was married to Roberta McIntosh Graham, mechanical excuse me, I should know that name actually has some meaning in my life as well, Graham on December 28, 1957, and where Frank and Roberta Carter are the parents of Frank Graham Carter and Ann Lindsey Carter-Liller, and have been blessed with four beautiful granddaughters, and whereas Frank Carter served as Commissioner Revenue for the newly chartered City of FX in 1961, being the first person to hold that office and continuing in that capacity until 1965. And whereas Frank Carter to this day remains a vital member of the community, regardless of age and health and would have been here tonight, but just wasn't up to it. Now therefore, I, Robert F. Let her remeber the City of Fairfax in concert with the City Council, commend Frank M. Carter for a service to the citizens, acknowledge the dedication of a park bench on the City Hall grounds just out front, and his honor and proclaim September 12th, 2007 is Frank Mayer Carter Day in the City of Fairfax, and encourage all citizens to share in the celebration of this influential man. Congratulations, and thank you very much. Thank you, Senator. You think? Well, Frank would certainly appreciate this, and I thank you so much for doing this. Thank you very much. I will certainly appreciate this and I thank you so much for doing this. Thank you very much. Now I can invite John Boroszak to come forward, who is our Utilities Director for a presentation of excellence and waterwork performance award. Ms. Mayor and members of Council, as you know, the City Fairfax has been providing its citizens with drinking water from the Goose Creek Water Treatment Plant for just about 50 years now. This video presents a brief overview of the plant and its process train. I can't. Whoops. There. I'll use it for you. Does that say you have brief overview of the plan as process screen. From the offline supplementary supply in Beaver dam reservoir to the primary intake in a goose creek, we've been producing an average of slightly less than 12 million gallons a day. Monitoring and testing the source waters performed both at the plant's own laboratory, as well as by independent certified testing laboratories from Shruthi, consist in high quality of our finished product. The treatment process itself runs through a series of phases designed to remove impurities from the raw water. After settling infiltration, the finished work continues to be tested, both at the treatment plant, as well as various locations within the city, again, to ensure delivery of the best possible and product to our customers. Treated water has pumped 26 miles miles from Ashburn to the city, finally being delivered through approximately 13,000 individual meters to city residents and businesses. Whether from the tap or from the bottle, we're proud of the final product and of those who labor every day to provide it to us. and of those who labor every day to provide it to us. And with this as background, our plant superintendent Jim Maddox recently had the privilege of attending a meeting in Richmond to accept an award for the Water Treatment Plant for performance from the Virginia Department of Health. The award recognized the efforts made by a personnel at the plant, but we must also recognize that the efforts would not be possible without the continued support of UM Air and new members of the council to our department and the plant. And I want to take this opportunity to thank you all for that support and to present this award as an honorary members of the Treatment Plan team. And let me just say in sort of closing of that, I as citizens of the city of Fairfax, I know you all realize what a wonderful, wonderful velocity it is for us to have our own water system in the foresight that our fathers had many, many years ago in decades when they had the vision of purchasing the property in Loudon County and establishing our independent water system. It's one that we're very proud of. You probably saw in that photo the pure water that actually is bottled water from the City of Fairfax. I know the city staff is always anxious to hand that out if any of you all are interested in getting it. You certainly are welcome to do that. So let me just congratulate actually and thank our staff and Mr. Assistant, you and your staff for maintaining that water system. Believe it or not, where they actually the largest landowner property in Loudoun County is a result of our water system. So thank you very much and congratulations. Okay. That brings us to agenda item number four, which are presentations by the public and any item related to the city council agenda for September the 11th, it does not call for a public hearing. If you're here and you'd like to talk to us on items number 7A through D, those public hearing opportunities will come in a few minutes. If you'd like to talk to us on items that are not covered on the rest of the agenda, that opportunity will come later on in the evening. But if you'd like to address the City Council in any item again that is on tonight's agenda, but does not call for a public hearing, this would be the opportunity to do it. And signing up is David Pumfer. Thank you and good evening. I'm David Pumrey, a lip at 10109 Forest Avenue. I'm here in my capacity as Vice President of Historic Fairfax City, incorporated and speaking to you on an item that's on your work session agenda for this evening. We thought it would be best to speak in this session since we didn't think we'd have an opportunity during that work session to make some of our views known. Last night, as you probably know, the Planning Commission approved the application by PNC to develop a parcel at the corner of judicial drive and Main Street. HFCI has earlier, and last night made clear that we do not feel that the application as was presented, which will result in the destruction of four properties and that law is in keeping with our mandate to seek support historic preservation in the city. HFCI to just remind you, this volunteer organization is committing to preserving the city's historic resources. These resources we believe make an important contribution to the unique character of the city of Fairfax. We work closely with the city and we're very happy to on a wide range of activities, highlighting these important resources and working to preserve them. We also advise, serve as an advisor to the planning commission and the development of the comprehensive plan. We spoke with the planning commission last night and made clear our feelings that the structures and questions are reflective of the city character at the turn of the last century and through the middle of the century. The point it to, I won't go through all the things we said last night at this point in time, but we did want to point out that we pointed to the conclusions of the city's historic resources director in the letter he wrote to the architectural historian for the state, that these properties are located, are locally important for the architecture, physically reflect and convey their past sense of place and character of the west end of the town from circa 1905 through the 1950s, and agrees with a recommendation in the 2004 survey update of historic properties, these properties should be considered as contributing resources in an expanded downtown national historic district. The proposal as presented approve provides no scope for preservation of any aspect of these properties. We have had discussions earlier about possible ways to remediate the loss of these resources. We have not found it been able to come to any conclusion during those discussions. It's worth noting perhaps that the Chair of the Planning Commission encouraged after the vote that there be continuing discussions towards mitigation of those impacts. Two other points that we mentioned last night were the concern about the development of a bank with a 24-hour drive-through next to Fairfax Cemetery. We feel that this effectively becomes a 24-hour day operation by virtue of this drive-through, and we're not certain that it's in keeping with the character of the cemetery, but we haven't seen this issue addressed. And then finally, we had expressed a concern about whether a drive-through facility at that location is consistent with the goal of creating a walkable downtown environment. So on that basis, we continue and wanted to put on the record at this point in time, our continuing opposition to the proposal and would be happy to discuss this with you, obviously when the public hearing comes forward. And then as one further point, there was a matter of some discussion last night. Jordan Tenenbaum, who is on our historic properties committee, wanted to talk a little bit about the review process that will take place potentially in the comptroller of the currency's office if that's acceptable to you. So those are my remarks. Thank you very much. Are you coming for now? With your permission. Please. Thank you. Jordan Tannenbaum is my name. I live in 10828 field of drive and Fairfax. And I thought it might be helpful if I briefly went through this Section 106 process that is about to take place here as a result of PNC's application to the controller of the currency for a license to build a bank branch in Fairfax. Adjust briefly to tell you a little bit about my credentials. I actually administered this process for 10 years. The agency that does this is the Advisory Council on Historic Preservation, part of the to tell you a little bit about my credentials. I actually administered this process for 10 years. The agency that does this is the advisory council on historic preservation, part of the executive branch independent agency. And then for the last 35 years, I have been involved in a variety of cases involving Section 106 through my service in the Army Reserve, Jag Corp. I actually have, this is what I do running around to historic Army installations and making sure that this law that I'm going to speak about very briefly is applied. The law of the statute that I'm talking about is the National Historic Preservation Act of 1966. The implementing regulations for this statute can be found at 36 CFR Part 800. What you need to trigger a, what we will call a section 106, that's the section of the statute that really comes into play here, it's the action oriented statute. What you need to trigger that is a federal undertaking, some kind of federal action permit, assistance, or other federal involvement. You have that here on September 10th. I was notified by the Office of the Control of the Currency this week that PNC officially applied for a permit. This application will be handled out of the New York District Office. So that part has been met for the jurisdictional requirement. And the second requirement that's needed is that you have to have a historic property, which is defined as a property on or eligible for the National Register. You do not have a National Register property, but you do have a property that appears to be eligible for the National Register as Chris Martin has stated in correspondence and has the Virginia State Historic Preservation Officer has indicated these buildings appear to be eligible as contributing elements to a larger expanded historic district that you already have the Fairfax historic district. So it would appear as though we've met the two jurisdictional requirements, a federal action, a federal undertaking, and and and historic or potential historic property. By the way, I understand that there has been some question as to whether or not the this is in fact and historic property and in fact in the consultants report that I looked at the number of weeks ago, they felt that these properties were not eligible for the National Register. If there's ever any confusion or question as to what the status of the properties are. That there is a process for that under 800 section, 800, 8.4 paragraph two of the regulations. This whole matter of significance can be submitted to someone who has the very interesting and creative title of keeper of the National Register. Keeper is an employee of the National Park Service. And that individual will make a definitive finding as to whether or not the property is eligible. After that is done, the status of the property is despositive in terms of the status of the property. Usually in a situation like this where the city's historic preservation officer has rendered an opinion and by the way it's been concurred in by the Virginia State Historic Preservation Officer, there certainly has been a question raised. But perhaps in this case, as I understood from last night's discussion, there seems to be general agreement now that the property will be treated as a historic property. Then you move into the next section, which is a determination of effect. What is the determination of effect. What is the nature of the effect? If there's no effect, the process moves forward very quickly, very briskly. If there is an effect, then you have to determine the nature of that effect. Is it adverse or not adverse? In the instant case, I would submit to you that we're looking at a potential adverse effect. And then you really get into the fun part of this process. And it really can be very creative. Then you're looking at alternatives to hopefully avoid, and if not avoid, then mitigate the identified adverse effect on the historic property. That, I think, is where this is headed. And I'd like to submit to you that this is not a process to be fearful of. It may take some time. It will take more time if it is not approached in a, with open minds and a clean heart. But if everyone comes to the table, wanting to find a reasonable solution that will balance the equities here of preservation and the needs of development and moving forward with the town plan, with planning in the City of Fairfax, then there shouldn't be too much difficulty. The major players in this drama are the federal agency, the Comptroller of the Currency, and the Virginia State Historic Preservation Officer. So, that, this process then is going as about to take place. This is what will occur. The City of Fairfax, the Historic Fairfax Inc., and other people who have an interest in this proceeding will be included as consulting parties, as interested parties perhaps, but they will not necessarily be the parties that will sign a final, hopefully a sign a final member of agreement which will embody the solution to this undertaking that will allow the process to proceed forward. Incidentally, there is another statute which will be playing, which will be running its course through this proceeding and that's the National Environmental Policy Act, but that particular statute tracks the National Historic Preservation Act. And so it's really a National Historic Preservation Act that you're going to be, that will be involved in this particular situation. I thought it might be helpful because not everyone works with, admittedly, not everyone works with this statute, and it's a small part of the law. But in this case, that is exactly what has been triggered by this. It's a planning process. And the idea here is not to tie up progress, not to ruin people's days. The idea is obviously to properly weigh a variety of different concerns and come out with a solution that's in the public interest. So that in a nutshell is the way the process will run, how long will it take? A good legal answer is it depends. But it will certainly go quicker if everyone comes to this process and realizes that they need to find a solution and there'd be some give and take. And I was used to say, if everybody leaves ukulean happy, then you know you've got a good agreement. So I don't know whether this is the kind of proceeding where questions are asked, but I thought that that might be helpful to you. And I'm happy to answer any questions that you might have now or in the future. Great. Thank you very much. Thank you. Nobody else has previously signed up to address the Council again under this item, it's items that do not call for a public hearing tonight. Would anybody like to address the City Council? Okay, hearing none, we will close item number four and move to the approval of the adoption. Are they, Jim, excuse me? Moved by Mr. Sutherland, seconded by Mr. Greenfield. All in favor of the motion, signify by voting aye. Opposed? In a passing animacyous we're now down to item number seven which is our public hearings. Seven a is a public hearing and council action request to Fairfax Nursing Center for approval of a special use permit to permit and curfew within the flood plain and special exceptions to modify the floor area ratio restrictions to modify the side yard angle of bulk plane requirement to modify the screening requirement for the C1 office commercial district in the PD plan Development district to modify the water quality requirement that just we pay resource protection act on the premises known as one of seven oh one Main Street is this been properly advertised Staff report, please Thank you. Thank you honorable mayor members of council. Just give me a moment Is this been properly advertised? Staff report, please. Thank you. Thank you, Honorable Mayor. Remember the council, just give me a moment. I just also want to apologize to the mayor and council. Very briefly what you're getting passed out by our clerk is the correct resolution. I had set one out earlier, but did not include the special use permit. The special use permit is now part of the resolution. I just wanted to clarify that. So one that was sent to you earlier could just please disregard and move to the side. Just so we have clarification before I, before council acts later this evening. Thank you. I stated the, the proposal before you is to construct a four story, A600 square foot building addition to expand the nursing center. We have facility and pharmacy units and we'll provide additional classrooms for training. The site is located along Main Street. The addition will be on to the east side of the property and to the south of the property exist a church and there's commercial visits to the north and to the west of the property exist a church and there's commercial businesses to the north and to the west of the property as well. There's also several land use actions. One is a special use permit to build within the floodplain and then there are several special exceptions to build within resource protection area. Actually, to build, well, I'll explain that a little further as we go along. Exceeding the floria ratio where maximum 50s permitted at 78 is requested, the existing FAR 69. Reduction of side yards setback and angled bulk plane and modified a screen between the C1 office commercial, which this side is in and the PD plan development district, which is just just to just to the east, which is now the Kotlin, I believe Kotlin residential units have the envelope. Just a little background on the property itself before I go into the floodplain. There was an initial approval back in 1999 for the same use. And the exceptions before you as well as especially as Prime Minister Alcimba with the exception of the RPA, there was a change in the map in 2004, which now requires the mitigation further than the 10% to 40% now of the Chesapeake Bay requirements which has been listed in the staff report. In terms of the floodplain, the applicant proposed building slightly encroaches that were showing a map at a moment into the floodplain and will have a minor effect on the Southwest corner. The applicant has begun the process of approval by the Federal Emergency Management Agency for a initial map of a vision called the Cullmar. The applicant also requesting special permit to fill in the floodplain. With that, I'll just explain a few moments ago in the resource protection area. Previously, prior to 2006, when this was updated in the 2004 remapping, we now require 2500 square feet or more to comply with the CBA requirements such as the BBA requirements reduction of 40%. The applicant proposes a 19% reduction. The applicant proposed a 19% reduction. The applicant is providing these blue boxes. The systems are treating the parking lot to reduce it to pollution. A 19% reduction not as much as the 40% is required, but it's treating the main source of pollution. So staff is confident we could support the SC. The green line represents the floodplain and the red line obviously is the RPA. The building itself is not in the RPA, it's slightly in the floodplain and it's a little corner and actually this is a carbon area that's located outside so it's not the major part of the building that's within the floodplain. These are the elevations that are proposed for the building. You have the north elevation, the east elevation will be facing the residential units, and the south elevations will be facing to the rear of the property. In terms of meeting the comp plan requirements, in terms of site design and scale, this seems to be a nice view of look to transition from business to residential. And we do support uses of this design. Also, the complain calls for in the housing section assisted living type units and senior living type units. And this is part of that,, part of that requirement as well. So with that, the staff includes that we have the application has minimal impacts for surrounding properties and they have been and will continue to provide available service at this location. And in terms of resource protection area will be improving the water quality from what we have not on the site now to about a 20% reduction. And I thank you for your time. There are any questions to ask? Mr. Restma, sir. I don't understand why they can't, I'm looking at the, especially exception for the 40% phosphorus removal. And they say they can only get down to 19%. I don't quite understand the reason why they can't get to that level. My understanding comes down to cost to the site and the African could speak to it further. It's a cost that I think economically they can incur in their provisions, but then the criteria that That takes that into account as well. Okay, so it's it's In your interpretation that it's purely discretionary on their part. Yeah, they're not doing this Partly yes, we can you know they're giving us what they can and what's appropriate what is important about that and what's appropriate, what is important about that, when you weigh and look at that, is that there's currently no reduction on site now, any out treating, which is usually the main source of pollution, the parking lot. So, staff feels comfortable with what they are doing and what they are providing. Okay. And secondly, the building will actually, how much of the building will actually be in the floodplain? About, the glow about 150 to the square feet of the southwest corner portion. So it's not much. It's very small now. And have we approved any other building actual buildings in the floodplain? At this area? In the city in general. I cannot do not know offhand, but I'm sure some have been approved. I don't know if David can answer that. GM, searching the old brain cells and trying to think of one, the, besides this one, which was approved several years ago, I don't recall any that have been approved within the flood plain. I know that we have seen a lot of properties that have been modified, meaning built up, to allow this. I mean, Patriot Harley Davidson for one comes to mind, but several others have as well. And that there are provisions from FEMA that, and even within our own code, with a special exception that deal with the waterproofing of structures and the construction of property within the flood plain. So it's not out of the question that it's done, that it can be done, it can be done safely and without substantial negative environmental impact. But we just have not done it yet. It appears. From my recollection, I can't. I can't. Your recollection is good. Pardon me? It's not the Jaguar property there. That was in the RPA. It was also. I thought it was in the floodplain anyway. Let me check. I mean, we have had quite a few developments, approximate two flood plains recently. And I will check that and you can get your definitive answer on that. Thank you. Mr. Rasmussen, just to clarify, the building, when I stayed, it's in the flood plain, it's building and grading within the flood plain. The actual building will be, in words, required to be 18 inches above the flood plain as well. So just to make that clear. Thank you. Other questions or staff? Yes, Ms. Cross? When you say in your report that there is no impact on adjacent properties. It's hard for me to believe that there wouldn't be a significant impact on the can-home development that's being built. Just to speak. Just to speak. Yeah. It seems to be, it would seem to me that it would be a very looming presence over the folks that would hopefully be living in those properties. If you look at the screen and the Oscar's prize speak to this in more detail, they have had conversations with the Adace and Propheon as well. We have received no concern about the polls. I want to first say that. But the screen that's providing the buffering and the amount and the width is a buffer and deflection to the properties to the east. Of course, when you build any structure, you know, especially when you, you know, several thousand square feet, there's always an impact, but the screening should be sufficient to mitigate that. But certainly the screening won't be for stories high. No, no, that's, that's, that's. And also, the comprehensive plan does call for, this is a transition in building itself with the architecture, is residential and style, and fits as a transition from the business to the residential. As in, it's called out for that in this area. We feel that it seems to be appropriate. Did you discuss with the applicant the additional staff that will be employed with the addition of the... Not in terms of numbers. If that's what that's what your questions do, they can probably answer that. For my understandings and won't be, you'll be utilized. My understandings will be utilizing staff and providing more services with the staff they have. They may be wanting a few more, but that wasn't specifically discussed and maybe the applicant could address that. All right. Okay. Okay. Thank you. Any other questions or staff? Can you just quickly go back to the photo of the artist's sketch? I just want to make sure that I understand. I think I do. Can you just sort of point out, I guess we have it on our screens. It's not up here, but can we get it up on one of these screens of the Council? Can see this as well. It was up earlier. What we're getting is the live television feed. There you go. The obviously the building, a good portion of the building already exists. The only addition is the point where you had the arrow actually. Can you just sort of point out the addition versus what already exists there? The East elevation. This is the label East elevation. It will be the addition. the East elevation is labeled the television okay you're talking about your arrows not moving but you're talking about from where that arrow basically is to the right to our north as the Now, I'm sorry. I was going to say, I'm sorry. The side along the side. That's what I thought. OK. And just so I understand, that's coming how much closer to the future townhouse. There's a quiet 25 foot setback. This will be 15. How wide is the actual addition itself? 25. It is 25. So it's really moving only 25 feet closer than where the building that you're going to be. When the building sits now, and just want to make sure. Just a temperate difference between the required step-axe. Okay, thank you. Thank you. Mr. Hudson, thank you Mr. Mayor. It was pointed out to me that the, with regards to whether or not structures recently have been constructed within the flood plain. The shops at Parafax, where super-age market is located, there are two pad buildings out in front of that. One of those pad buildings was located in the flood plain and they got an exception to build within the flood plain and they had to modify the building architecturally, raise it up 18 inches above the floodplain level to be able to construct it. So that is one example that we are aware of. Okay. Okay. If there are any other questions, the staff will now open the public hearing. I'll invite the applicant to address the council. This may or ladies and gentlemen, I'm Sarah Hall of Blankenship and Keith representing the applicant Fairfax Nursing Center. In 1999 representing the applicant, we City Council approved the land use applications that were necessary to construct this addition. Four of you were on council then, I believe it was the gentleman among you. I voted for that then, I believe it was unanimously. We didn't go forward with that. The permits expired two years later and we are seeking now approval for the same addition. It is more complicated now because the regulatory structure has changed, but the structure of the building, of course, is the same. We do need the special use permit to redevelop in the flood plain. Please note that the existing facility is very much in the flood plain. And there's only a very small portion of the addition that will be in the floodplain. Debarian Davis did a floodplain study, concluded that there is no appreciable increase in water surface. The Clomar process is well underway. We anticipate no problems with that. Let me emphasize too that the addition will not be in the RPA at all. There will be no effect on the RPA. The special exceptions that are needed are for the 15 foot rather than the 25 foot setback on the sides. The condition last time was that there be a 10 foot landscape easement on the adjoining property and we got that landscaping easement then. So we have the 10 foot landscaping easement and then the 15 feet on the property of the nursing home. Also need a special exception for an FAR modification as Mr. Clona has noted. The property is nonconforming as to FAR. Now it was built before there was an FAR limitation. The increase in FAR is also affected by the fact that the property in the floodplain does not account 100% for the FAR. The nonconforming FAR will go from 0.69 to 0.78. The modification of the phosphorus reduction required is 40%, it is now zero, goose egg. We will construct filters and a catch-face and filter in the parking lot and capture enough stormwater that will result in a 19% reduction. Mr. Rasmussen, it is not simply a cost matter, any further reduction in the pollutants we are advised by our engineers would mean disturbance in the RPA, which would seem to be not in anybody's best interest. It's a very tight site and so much of it is developed. It has patios in the back. The staff's feeling and frankly our feeling is that with the 19% the city is substantially better off than it is now as far as the pollutant reduction from this site. The modification of screening and landscaping along the property line to the east, I've already talked about the 10% landscaping easement, which will be developed with landscaping. And let me hand out please a letter from John Coles, who, as you know, is developing the property, pass it. Yeah, why don't you just pass the stack and we'll pass it down so we can thanks. This suggestion was made by Mr. Coles and the Nursing Center was pleased to agree to it that a six foot high, either a board on board fence with brick piers or a brick wall be constructed along the property line, the eastern property line, and then where it turns and makes the 90 degree angle. Can you show that, Nick, please? Goes down from Main Street. Would go down from Main Street. Then make the 90 degree turn and then go straight down. That will all be a brick wall or a brick or a fence with brick pears. We think this will be a good buffer between the two properties that each one will have landscaping on its side and will prevent headlights and so forth from being any problem. Mr. Coles was grateful that the nursing center would agree to do this. And we want very much to be a good neighbor. We're delighted to have that development next door. The Nursing Center has been in operation from the 1960s. It is a real community asset for its residents and their families. It's one of the biggest private employers in the city. There will be no new beds as a result of this edition or any new employees. These space will be used, excuse me, for physical therapy, occupational therapy, an expanded pharmacy for offices and for training rooms. The addition is proposed for the place you see it because it's the only place it can reasonably go. I'd be delighted to answer any questions. Thank you. Questions of the applicant? I'm Mr. Greenfield. Thank you, Mr. Mayor. Ms. Hall, one of the requirements that is in here is the landscaping buffer along that eastern side, which you propose to be evergreen's. I would ask that whether you would have any opposition to requiring that those ever green should be in the height of 16 to 18 feet. That is much in consistent with what we've done with some other properties in the city, especially along Perfex Boulevard, where we were concerned. Perfex Racket Club comes to mind where we were concerned about how that bubble would look along Perf boulevard. We, too, at that location required taller trees, and quite frankly, it's filled in nicely and looks much better than what it would have if we'd done these standard three and a half inch caliper trees, which would have been somewhere in the six to eight foot range. My concern is this, you are building while when we approved this in 1999, there were a lot of other things on the eastern side of that building that shielded this view. Now, when you come out of Old Town and you're heading west on Main Street, you can see this whole side. And in my opinion, while I appreciate the brick, it's very institutional looking. And I recognize it is a nursing home, but I think it could have a little bit better look. I know some of us raised that at the last meeting. I would hope that you would be amenable to requiring a specific height where the landscaping is at faces of the eastern side of the building. Excuse me, the landscaping that's shown on the plan. Yes. Yes. The evergreen trees that are all the way around from that northeastern corner, back to the southeastern corner. So that building is potentially along this side here. Yes. Yes, sir. Thank you. Thank you, Mr. Chairman. Any other questions of the applicant? Hearing none, thank you very much. This is a public hearing. You can see signed up with anybody who likes to address the city council on this item. Yes, please. Good evening, Mayor and Councilor. My name is Gary Perryman. I live at 1-1-0-0-8-plus-more-drive here in Fairfax. I'm a long time resident of the city. Over the years, we've seen a lot of problem with building in and around flood pings. The townhouses are the condos in Burke is a great example where they encroached that area. And the wash out of the ground took the back yards of most of these people's homes completely out. And when we're talking about putting in the town homes there on Judicial, you're talking about a great surface area that will become impervious to water, which will greatly increase the amount of flood water going down there. I've con big concern as to what happens to the flood water that you're blocking out and when you're changing a natural direction of water, who gets the water when it goes down or I mean it's nice to say it won't change anything, but history has shown us more than one time that when you try to change a water direction, it can get pretty bad. And anybody who's lived here for a while knows the summer rains in here are pretty torrential. And the amount of water at any given time would be enormous. And when you start covering up the ground or where the water can soak in, it's got to go somewhere. So I would like those. There's been a study done with both these projects and some of the other projects you're looking at going in and around that floodplain. And the increase of water, what's to happen. And my first thought is to the cemetery there at Everly's. Thank you. Thank you. Anybody else like to address the city council? Yes, please. Kevin Lennahan, 38.99, Rust Hill Place. I'm downstream from the area and I just wanted to bring up my concerns about being downstream when you fill in the floodplain upstream from me. How's it going to affect my neighbors? And I know that since 1999, the floodplain maps got redrawn that started to include, well included, one of my neighbors at least in the Rustfield development that wasn't there prior. So I know the maps changed from time to time, but I just wanted to bring up my concern what happens downstream. Thank you. Anybody else like to address the City Council? If not, would the applicant care to come back or address any of those comments? Okay, great. Okay, well, first let me close the public hearing if there's nobody else who wants to address the council so the public hearing is now closed Miss Cross. Thank you. Mr. Rasmussen's point about the phosphorous levels. Can you speak to that, David, and tell us what you... The applicant said that there would be complications if we went beyond the 19% that would be a detriment to the project, is that you're feeling as well? Well, my understanding was it was a cost factor. You know we typically will ask for 40% and if it's not feasible due to exemplary costs or they don't have enough room. Then we'll work with the applicant. And 19% in this case is satisfactory in your mind? Yeah I think it's pretty much the best they can do with the area they're working with. Okay, now is in the hands of the council entertain a motion. Anybody? This is winner. Anybody? Mrs. Winter? I move the City Council. I'll prove the request of Fairfax Nursing Center by Sarah E. Hall Attorney Agent for the Special Use Permit pursuant to City Code Section 110-158, Print 2, 110-59, and 110-366 to allow development in the floodplain on the premises known as Tax Map Parcel 57-1, Print 2122, also known as 10701 Main Street with the following proposed development conditions. Generalized development plan, development of the application property shall be in substantial conformance with the GDP. And number two is architecture. The architectural design for the proposed buildings shall generally conform to the character and quality of the building elevations based on BAR approval. Is there a second? based on B.A.R. approval. Is there a second? No? I'll second. Move button. This is winner second and by Mr. Silverthorn. Discussion. This winner? I can't appreciate what has been said about the floodplain, but also looking at our aging population and the need for the growing need for space and area to take care of our seniors. And this being a very good facility and I have been in the facility and looked at the physical therapy department being the physical therapist and it's a closet. They need the space. They obviously need the space and I think that it is a good project and should be approved. Thank you. Thank you. Mr. Greenfield. Mr. Mayor, I'd like to move an amendment for the main motion to add condition number three to landscaping. Evergreen trees along the eastern elevation shall be 16 to 18 feet in height. Would there be a minimal to the mover? No, okay. So that would not be a friendly amendment. So it's been moved by Mr. Greenfield's second and by Mrs. Cross, is that correct? Okay, well now we're discussing the amendment first before we get back to the main motion, Mr. Greenfield. Thank you, Mr. Mayor. I'll just be brief as I said earlier, I think we're dealing with a little bit different situation. Today then we were in 1999. This is not something unusual that we have required other parts of the city. The applicant is amenable to it, so I would hope my council colleagues would support it. Any other discussion on the amendment now? Yes, I'm Ms. Cross. I would just concur. When I first read the application, I was very concerned about the effect that this project would have on the development next door. I'm reassured by the letter that was sent from them that they are aware and have looked at the project and have no real issues. But I think this is a minimal kind of thing. I think it will be a nice feature and will be a nice feature and additive to the transition between the housing project and this building. So I would also vote in favor of the amendment. Any other discussion on the amendment? All in favor of the motion, signify by voting aye. Aye. Opposed? No. Okay, so the amendment passed by a vote of 42 with Councilman Silverthorn and Winter in opposition. Okay, that now brings us back to the main motion, Mr. Restmessen. Thank you, sir. I think we're passed by the slowness in getting somebody to make the motion and then the slowness and somebody to second the motion, would lead you to believe this is what I call a Hold Your Nose and Vote for it proposal. I don't like the BPA issue or BPM issue. I don't particularly like the flood plain issue, but on the other hand, it is a facility that's been here a long time. We hope that the impact is going to be minimal on the downstream property. And so I would probably reluctantly vote for it. Any other discussion? All in favor of the motion to approve as a minute, signify by voting aye. Aye. Aye. Opposed? And it passed unanimous. So that now brings us to agenda item number 7D. More, more. Now there's a more resolution. This is Winter. I move city council approve the request of Fairfax Nursing Center by Sarah E. Hall Attorney Agent pursuant to the City Code Section 1110-89. Prince V, Prince D, the Special Exception to City Code Section 1110-84D, to permit less than the required 40% reduction of nutrients pursuant to the City Code Section 1110-763, Prince C6, to City Code Section 1110-763. Prince A, Prince B2, to modify side yard setback and angle of bulk plane to City Code Section 258, Prince A, to modify the screening between the C1 Office Commercial District and the PD Plan Development District and May a parcel 57-1, Francis II, 1-22, also known as 10701 Main Street. And then also take into account the letter that was exchanged and given to us this evening. Move by Ms. Winter, seconded by Mr. Silverthorn in any discussion. Move by Ms. Winter, seconded by Mr. Seventhorn in any discussion. All in favor of the motion, signify by voting aye. Opposed, then a pass unanimously. Mr. Luckim, I assume that's it. Is that okay? We're now moving to agenda item number 7b, which is a public hearing, council action or request for a special use permit to allow dancing and Entertainment in a restaurant bridges and for a parking reduction in C2P retail commercial and Old Town Fairfax transition overlay districts on the premises known as 105 6-0 main street, which is the most be building. Is this been properly advertised? Staff report, please. Good evening, Honorable Mayor Letter, members of City Council. Tonight, I'd like to present to you SU 15-18-06-1 and SE-07-07-303. SU request for dancing entertainment and special exception requests for parking reduction, for bridges, restaurant, and billiards. Also part of this application is a waiver request as part of the DNE criteria that they not be located within 200 feet of a residential district. This is a mixed use development. Therefore it is within 200 feet of a residential district. It's not a formal land use. It's just a waiver request as part of the application. Background on the subject site located at 10560 Main Street. It is in the transition overlay district and it is known commonly as the Mosby building, originally as Mosby towers. Site is currently zone C2 with Proffer's limiting C2 to the basement in first floor of the building with the remainder of the building being treated as C1 zoning. And as a mixed use development, originally developed completely as residential, and then later re-zoned to allow the front building to be commercial with a rear building, remaining residential. This map generally shows the location of the site, and you can see, it's not working for me. The one in 560 Main Street, you can see the two buildings, the rear building being the residential and the south building, the one on Main Street being the commercial. Aerow view of the site, the property lines are slightly skewed here because of the arrow view being at an angle, but you can generally see the condo building in the back and the commercial building in the front and the two separate parking areas for the two. There is actually a parking lot immediately behind the 1056O commercial building with half the parking going to the commercial building and half of it going to the residential, and that will be clear in the next picture. Top down view, you can clearly see the property lines splitting the rear parking. The star indicates the approximate location of the entrance to the currently existing bridges of the billier dress rock. The request by the applicant again is for a special use permit for dancing entertainment. They propose a 22 foot by 23 foot dance floor, it's approximately 116 square feet in which they would host live bands, DGAME music, and a special exception for a parking reduction of 30 spaces. The addition of dancing entertainment is an answer used to the restaurant actually necessitates an increase in parking by code and by the fact that It changes the way a restaurant functions when people come eat have dessert leave that has one flow of traffic when people come eat Stay socialized listen to music dance. It's in to stay longer necessitating greater parking requirement The special exception for the reduction is because this site is already under parked It has been under parked for many many years since it was changed to a commercial use The special exception for the reduction is because this site is already underpart. It has been underparts for many, many years since it was changed to a commercial use. Therefore, no new parking can be added to the site. So any use that necessitates an increase in parking has to get a reduction. And a waiver request of the 200 foot separation from the residential districts. As noted on the aerial photo, they are directly adjacent to a residential district. from the residential districts. As noted on the aerial photo, they are directly adjacent to a residential district. Uh, should right here. Residential districts starting at the property line right here. Bridges being right here. In 19th, just to recap the parking situation, to make a little clear, majority of the staff report is dedicated toward the topic of parking, particularly with the rezoning that occurred back in the 90s. If you notice the back part of the report is an excerpt from the previous staff report that include the parking tabulation, the parking study, and a lot of the research that went into that rezoning. In 1964, site was constructed, two buildings, multifamily residential with 380 parking spaces, roughly. two buildings, multifamily residential with 380 parking spaces, roughly. 1970, the front building was re-zoned to C1 entirely to allow professional office buildings, our professional office space in the 65,392 square foot front building. The real building remained residential with 110 units. My variance was also granted at that time to allow for a parking reduction to 380 spaces for the entire site as the change of the front building to a commercial use changed the parking requirement to 456 spaces for the entire site. In 1996 the front building was again re-zoned to C2 with Proffers allowing C2 uses on the lower two floors and the Proffers maintain that the remainder of the building, second fourth is sixth, would exist as C1 uses only. The C2 portion of the site required 375 spaces and special exception which granted to allow reduction in parking to 212 spaces for the front portion so it operates at roughly 57% of the required parking. Current residential portion, currently the residential portion consists of 107 units requires 214 spaces under code, which 188 are available, and the commercial office portion requires 289 parking spaces under current code, and 212 were available. Total of 503 spaces over the whole site, 400 available, so the entire site together, roughly 80% of required parking. With the rezoning to C2, they addressed the parking for the front portion individually. With that, the D&E request to the commercial portion requires 319 spaces total for the front building, which would then cause a site if approved with this existing parking of 212 to be operating at 60% percent of the required parking. It's a lot of parking. Analysis for the special use permit is based on Section 110366. In addition, there are criteria for dancing entertainment specifically covered under Section 110762A1 and 2. Just to touch on these criteria lightly, Section 110, 365 speaks of consistency with the goals of the conference of plan. Any special circumstances that might exist because of law shape, safety of the use and its impacts on surrounding residential uses, vehicle movement, pedestrian movement, sound impacts, safety and welfare of people working in the area, and in general harmony with these only ordinance for other provisions of the zoning ordinance. Section 110-762A-1 and 2, which speaks specifically to dancing and entertainment, require that dancing and entertainment combined, the area is dedicated to each, combined in a restaurant, shall not exceed 25% of the gross floor area. Restaurant, when which such uses are located be no closer than 200 feet from residential zone property, unless way by city council. Dancing shall be restricted to a dancing area, which will be clearly the market on the plat, which is the plat present to you in the staff report tonight, the markets area. Intertainment within a restaurant generally follows the same guidelines. Conclusion is based on staff's analysis of those criteria. The proposed use is generally compatible and consistent with the conference of plans, goals, for uses in the transition district complimentary to the historic downtown. The proposed dancing area of 506 square feet is ancillary to the existing 976 square foot restaurant as it represents only 5.56 percent of the overall square footage of the restaurant. Post use is ancillary to the restaurant intended for restaurant patrons and should not generate any increased traffic flow. The rest of the facility is in the state of the state of the state of the state. The state of the state is in the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state when the D&E is intended to begin. Restaurant uses have existed within the development since 1970, and Dan Schiener's payment permits were regularly granted through Council for 1970-1985 within the building. However, the last application for a D&E in 1986 was denied. Staff's recommendations based on these conclusions. Staff recommends approval of application. However, subject to conditions, we believe that approval to this application is pivotal on certain conditions that allow it to coexist within the mixed use development. The dancing entertainment shall be limited to 10 p.m. to 130 a.m., Tuesday through Saturday, and must remain ancillary to the restaurant use. She'll be restricted to the 20 foot by 23 foot area depicted on the proposed foreclam. The applicant shall secure a parking agreement guaranteeing 121 parking spaces dedicated to the bridges restaurant between 10 p.m. until 2 a.m. Patron parking shall be restricted to the 157 parking spaces in the lot adjacent to Main Street and not be allowed behind the building. And just to demonstrate what I'm talking about here. As you can see in the front of the building there is a very large parking area. However, there is some parking behind the building. We are asking that all the parking associated with the British restaurant be maintained in front of the building and not allowed the park behind the building. This is a particular importance to the residential community behind the building who doesn't want the British traffic mixing in, even though there is permitted commercial parking back there, possibly getting mixed in with their residential parking. The applicant has agreed that they will condition and maintain all their parking to the front of the building. condition and maintain all their parking to the front of the building. Applicant should document monthly meetings with representatives from both Mosby Tower buildings to include representatives and residential HOA in order to discuss and resolve any issues that may be arising from their operation. And the permit will expire one year from date of approval and the applicant shall apply for renewal at least 90 days prior to the expiration. Staff feel strongly about these conditions primarily so we can keep oversight over the operation. If any of these conditions were to be violated within the year, that would be caused for counsel to bring the application back and revoke it. With these conditions, we feel that the use could potentially exist peacefully within the environment. With that staff, we'll be happy to answer any questions. Thank you. And I probably should just say for those of you who are with us tonight at the Patriots Day celebration in September 11th. Remember, it's a ceremony. I actually had the opportunity to recognize three members of the staff who had served in the military. All three weren't present. I was at least told. I assume it was probably because you were here getting ready for tonight. But if you haven't put the name with the face, let me introduce to you not just our deputy of zoning administrator and our planner three in his capacity here behind the podium who just presented to us, but also Lieutenant Montelo, who is a member of the National Guard and most importantly was awarded the bronze star for service in Iraq and thank you very much for that service. Questions of staff? Mr. Mayor. Miss Lyne. What are the operations of the Bridges restaurant now? Are they open to 1.30 or 2? Typically they are open to about 1.30 p.m. in staff's recent night life enforcement activities. we have visited the Bridges site numerous times. We have actually walked from the Bridges site to the downtown area just to check out the pedestrian accessibility. And in our rounds of viewing other restaurants and their entertainment activities. Typically, by 1231, bridges is pretty low key. I can't say that on one visit we did observe four patrons possibly dancing. I couldn't guarantee it was dancing, but it looked like dancing. But on the other occasions, no such luck. Okay, thank you, Mr. Mayor. Other questions just that, Mr. Mayor. Other questions, Mr. Stath? Mrs. Winner. The parking. Both Miss Lyon and I have had separate businesses in the Mosby over time. And during the day, is parking for businesses. But if I ever went back to my office after, say, five, six o'clock, that front parking lot was near empty. So in figuring the percentages and the numbers, are you looking at a 24-7 sort of, or are you taking into account that this is a after hours flow, so that there might not be as much of a parking issue as if it was, they were sharing the spots during the day with the offices. Yeah, I did behind the discussion. Sorry, I didn't make it clear is exactly that. That the parking for the businesses is first and foremost, for the businesses during the day. But most of these businesses are vacated by 10 o'clock at night when the D&E would actually start per the conditions and the way the application structure. Doing our numerous side business, I've never had a problem parking there at night. It is quite full during the day. Yes, yes. The analysis is based on the parking requirement 24-7, because that's the way we typically apply to all sites equally. The back side of the analysis is that as conditions and the parking agreement from the management company of the most-be building is that they will have a guaranteed number of spaces available to them after 10 o'clock to ensure that they can accommodate the parking necessary for the restaurant with a DNA. Because there is so little demand for parking in the evening. Thank you. And then I have just another comment. When I worked at or had my office in the Mosby up until two years ago, there was a restaurant called Bridges. And I went back in doing my homework for tonight's meeting, and the owners are different than they were during that time. And it's my understanding that it is a, it's under better direction, let's say, than it was the original ridges. So that going inside it wasn't a smokey, it was better lit and the dance floor is definitely demarcated, the area that will be if we approve this a dance floor. So it is it's very contained The application initially started under the previous ownership after they received violation for dancing entertainment without an SUV Okay, at some point during that process they sold the business Okay, the new owners took over the business with the understanding that D&E was not permitted and it would require completion of this process before they could begin that. And they have understood that and been in agreement with that since they took ownership of the property. Okay. Thank you. Any other questions, Mr. Stapp? Ms. Lyme? Thank you. I do have a question about, you know, the most piece now in the back has changed now to condominiums, if that I understand that correctly. And the condo owners, I see, you know, number five that you will have conversations with them every month about any problems that may arise. But have the condo owners been advised that this is going to be a dancing entertainment in the hours or longer and is going to be a dance floor? Do they know of this now? Are they aware of this application? It noticed what's sent to the condo association and the property was posted in typical notifications went out. I have spoken with the management company, or excuse me, an H.O.A. representative for the residential portion. They did not indicate to me favor or opposition. They did have concerns. We discussed the conditions of approval. They seemed to be happy with them. And copy to staff report was meant available to them. K. But was that the, let me go back to that, that was that the folks that's handling selling the condos or the people that, for me, the folks that managed the building, who was that that contacted you? That is the homeowners association of the condo units. Correct. I see. Okay. Thank you, Mr. Mayor. Any other questions, the staff? Just one point of clarification. Did I hear you say that the last time a permit was applied for was in the 70s, and it actually was declined? And if so, can you share with us the recipes? Smith-Madeys. Why was it declined and what changed between now and then that changed the recommendation staff? The Orient Express, which also operated under the name of the Sashwan Inn, it changed names back and forth through about the six-year period, began with the D&E permit around 1980. It's listed in the chronological history as an attachment and they went through several they were required to come back and renew periodically. And in 1986, Council denied their renewal request due to request from complaints within the joint. So it's related to that individual applicant. That was. Okay. Great. The moves lodges existed there, and so what other uses have existed there, but I do not have a formal application for D&E. Pass that point. Okay. Okay. Okay. Thank you very much. I'll now open up the public hearing and invite the applicant to address the City Council. Thank you. Good evening, Mr. Mayor. Members of the Council, staff. My name is Mark DCO. I appear before you today on behalf of the applicant, Black, Monon, Reyes. They are, in fact, the new owners as Miss Winter indicated the previous owners sold the business and for better or worse, the current owners elected to keep the name as a transitional element to market the business as a longstanding citizen of this community. As Miss Winter also indicated the new applicant, I'm sorry, the new owners and the current applicant have expended significant efforts and funds in moving the business forward, both from a food perspective, from a lighting and aesthetic perspective, and from a community development perspective. The applicant does request approval of a dancing and entertainment. The applicant, if I may jump ahead to address some of the questions I anticipate, Council will have. The applicant has absolutely no issues whatsoever with the conditions that staff has recommended as a condition to the issuance of the dancing and entertainment. They have no objection to the 10 p.m. to 1.30 a.m. restriction with no dancing on Mondays or Saturdays. They have no objection to the depiction of the floor area being only 5%. They have in fact secured a parking agreement as is referenced in staff's recommendation with the landlord. They have in fact received a letter which is part of your packet and zoning is aware of from the management company homeowners Association and various entities agreeing to the meetings. They have in fact set forth a number of plans to address the concerns that Zoning is set forth. The only exception that we would ask that this board, that this council consider, although we understand that staff is asking, but for a one-year period we would ask that we expand it at your discretion to a greater period as zoning is indicated to the degree any of these terms and conditions are violated. The applicant can be rocked that before this board at any time sorry this council at any time to have the D&E revoked. that privilege that this council and joys could exist, whether it be in month 10, month 20 or month 30, there is just a continuation factor in a business investment factor in promoting the establishment. We'd ask, obviously, for a period longer than 12 months, but if the council were reluctant to approve such an extension, we certainly would respect your decision in that regard. There is plenty of parking after 10 p.m. based on the parking agreement that has been secured with the establishment. There is no issues as I understand it regarding police involvement, fire department, overcrowding or otherwise. And I suspect rather than rehash what's in staff's report, I simply make myself available for any questions that you all may have. Questions of the applicant, Slime? Thank you. I'm sorry that I didn't hear you completely. Why would you want to extend the year if we, if we approved this, you'd like to have it for how long? How long would you like us to extend it for? Ma'am, I would ask for a minimum of 24 months and very candidly for no other reason than given the fact that the ability of this council to enforce the restrictions would exist, whether it be 12 months or 24 months. It's really more of a convenience so that the applicant doesn't continue to have to come back on an annualized basis. I have no question given what's going on in the city these days that if there were a problem with this applicant, you would hear whether it be on the second month or the 14th month. So there would be no prejudice other than the convenience of the applicant. If they are going to invest certain funds and so forth, we're simply trying to amortize that investment. Thank you, Mr. Mayor. Any other questions to the applicant? One of the things that you've agreed to in these conditions is not to allow customers to park in the back of the building. Can you share with us that it's a very long building? Can you share with us how the owners plan to enforce that? It'd be my pleasure, Mr. Mayor. Threefold, first of all, the management company as I understand it has entertained the hiring of a local towing company. Any vehicles that are parked there after hours that would not have a residence sticker as the residents behind you would be towed. The applicant is a menable, any suggestion, but quite frankly, we're subject to whatever restrictions the management company would impose upon us. There would be signs placed suggesting or informing parties that if they are patrons of the establishment that no parking is permitted there at that time. Our belief is, for example, if Miss Winter still had her office there, that if she were to for whatever reason, show up at 11 p.m. because she forgot a document, there would be, in fact, parking available for members of that commercial building that are not, in fact, customers of bridges. Our belief is that towing signage and management enforcement in addition to the leverage that this City Council has to make sure that we don't permit patrons to park there, such as having our security walk back and forth for our management do so. That would be sufficient, but we're open to any suggestions that management of the city may have. So would there be employees hired specifically for that policing duty that wouldn't be- Watch and send more- They wouldn't be specific, but it would be amongst their responsibilities. And very candidly, there are windows there that observations can be made, but we would have whether it be on the half hour hour people monitoring that and there would be signage in towing. Towing, as Mr. Mayor made know, is done on a commission basis. I would respectfully suggest that some of these toers would have a far greater incentive than even the council would to maintain that, but we would undertake whatever requirements the City Council of the Incensory. Okay, so just so I understand it. So you're saying that the owners of the building have agreed that no commercial parking can take place in the back after 10 o'clock? No, if somebody comes and visits their office and they want to work like that night. No sir, what I'm saying is the owners of bridges have agreed that none of their patrons shall be permitted to utilize that space so that it is in fact made available for for tenants of the building or even the residential use in my correct sir? Right. I'm sorry. I thought you then referred to people would be towed if they park back there. No, so you're going to figure that out. No, sir. The patrons of the business, I think, would be very self-evident, I apologize, by how they arrive. I was suggesting towing as a method of enforcement. If that were a problem for the management company or other occupants, we would certainly work with them for an alternative. Mr. winner. Just to maybe to help a little with this, as a business owner, I had to have a parking sticker on my car. So if I were to park in back, the sticker would be there to say that that's there as a thank you, man. And then the condos in the back, they also had stickers. Right, the residential sticker was different because we weren't allowed to park where the condo residents parked so they compared stickers and and towed as well. Thank you. Thank you, ma'am. Mr. Greenfield. Thank you, Mr. Mayor. Mr. D.C.O. What is your applicant plan to do when they become a little more successful and you have more people coming to this restaurant in the evenings for dancing and entertainment to deal with beer bottles and empty cans and empty six packs that are left in the parking lot not only this location but potentially Location could be across the street where there are empty empty parking lots as well item number five Mr. Greenfield under our conditions requires Monthly meetings with representatives from both most be towers building to include the condo owners to discuss and resolve issues arising from the restaurant's operation amongst those issues would in fact be littering and so forth. But I will tell you that that's not a new issue. The current management strictly enforces compliance with a neatness policy if you would and there currently is an effort regardless of the D&E application as a condition of the lease hold to maintaining the northerly premises. I would also suggest that there are six packs out in the street. They're probably purchasing somewhere other than bridges and that would not lead to our greater financial success. I'm not implying they're coming from bridges. No, I'm not. Often if you're a college. A poor attempt at humor. You buy 7.11, you drink in the parking lot, you go in because you can't afford to buy as many drinks in the establishment so that you can have a good time. I was there once. Not a bridge, it's not a bridge. A long time ago when I was a college kid, I know how it works. But so you're telling me the condition number five would ensure that they will police the property. There's no question and very candidly not worded in these exact terms, but a current requirement under the leasehold interest by the management company is obviously that they maintain the property. And quite frankly, there's a condition that if in fact the maintenance of the building has to undertake certain efforts that gets charged back to the underlying tenant so that can't be has already been addressed. Thank you. Any other questions the applicant? Very none. Thank you very much. This is a public hearing signed up as Matthew Tory. If you give us your name and address for the record please. Hi, good evening mayor and council. My name is Matthew Tory. I live at 10570 Main Street. I'm actually the president of the board of directors for the Main Street Green condominium association which is the building directly adjacent to the Bridges restaurant. I come here tonight to speak on behalf of the association for the main treatment condominium. We obviously have some concerns as to any changes in the current operating fashion of the Bridges restaurant. In 2004, the current, the old, most people's apartment building was converted to condominiums. That is the main street green building. It is now 100% owned by condominium owners. There is no open condominiums there and it has been in that state for some time now. Some of our very specific concerns around the changes that are being proposed for bridges. Revile around increases in noise, the dancing entertainment, special use permit, which has been submitted, would allow for live bands, DJs. There is obviously a concern in the association that this would create louder noise, which would subsequently affect the association. In the pictures that you saw in the presentation, As you can see, we are approximately 100 feet apart from the bridges restaurant. In the rear of that building, as you were told, it was converted from office space. There are windows along that side, which have been at one point in time backfilled with insulation as a sound barrier. But we have, over the course of time, had complaints surrounding vibrations from base, from the bridges restaurant. It's a concern of the association that with increased noise we will have added disturbances to our association, disturbing a rather peaceful environment which is secluded from the Main Street Green Roadway by the most-be building. Some other concerns we have that were touched upon here are parking. Parking is a big issue for both the association and the most be building. We have had issues as well as most being the past with parking. Our spots are dedicated owner spots there owned by the owners. Frequently we have visitors to the most be building which will park in unit owner spots, which then have to be towed by the owners. This is a great inconvenience to the owners. It takes time. People are not able to carry on with their daily activities. We're fearful that with increased traffic to bridges, this problem will only be worsened throughout the day and especially at times where it would be an opportunity for people to have to be calling a towing company to have them come out, remove people from their spots. I'd also like to point out that in the rear of the building where we have some specific language around parking, there actually is an easement in place right now which allows for shared parking of spaces between the most rebuilding and Main Street Green. So the parking spaces directly behind the most rebuilding per the easement are available to main street green residents and guests from 5.30 p.m. to 8 a.m. on a daily basis Based on the measures that were outlined in the conditions again, I'd have some concerns that those spots would subsequently be taken up and Not available for main street green visitors and the I'm not quite sure how the and not available for mainstream green visitors. And the, I'm not quite sure how the method of towing would be undertaken in that visitors would be permitted to park there. They wouldn't be designated in any way. Is there just visitors to both our building and Moesby? So I'm not sure how we would discern who to tow and who not to tow. We touched upon trash and litter. This is an issue that we've had some instances where we've been taking the initiative to clean up beer bottles and cans in that we share two common entrances to the property. Again, there is a risk with increased traffic if we do see a surge in attendance at the British nightclub that this problem could worsen. And obviously affect the appearance of the main tree green building. In conclusion, I think our major concern really here is added noise and the risk that noise from live bands and DJs and of such we could have a negative effect on the association. I'd ask that the council take that into a faculty and make the decision this evening that our owners purchased their condominium units in a secluded area, offset from the road in the hopes that they'd live in a peaceful and undeserved environment and we want to ensure that they are able to live in that condition. Thank you. Thank you. Thank you. If you could just stay just for a second, Mr. Winter. The previous bridges, did they have live entertainment or did they just have? So we were always under the impression that bridges had a dancing and entertainment license in that DJs in touch were there. The reflires that commonly were found, littered throughout the grounds, advertising DJs and touch were there. There were flyers that commonly were found, littered throughout the grounds, advertising DJs and live, and not maybe not live entertainment, but DJs and touch in the building. So it's always been our understanding that Bridges did have a dancing entertainment license and part of the vibrations that I described in base was just a necessary evil that in that living next to a club. just a necessary evil that in the living next to a club. Do you know that did they have live or was it just I can't speak to whether or not they ever had live music in their establishment now? Okay, but you got enough vibrations and noise from what was existing. Yes, the vibrations are noticeable within the units that face directly to the rear of the bridge. Okay, thank you. Mr. Rasmussen. The question is, the station actively opposed to the granting of this permit where or you're just stating your concerns? I think as an association, we're here to state our concerns. As I mentioned, it's kind of an ambiguous state in that we assume that bridges was operating in a dancing entertainment state all along. So there is some concern as to what this possible issuance of this license would bring. We're not sure if there would be an increase in noise based on the issuance of this special use permit. We're not sure if there would be an increase in noise based on the issuance of this special use permit and that's really where our concern lies in that the fear of the unknown. Okay, but so you're you have not actually taken an action to voice your opposition to this request. Without exactly understanding how this will change the current operations of bridges, no, we're here just to state our concern and that any changes to the current operations of bridges that we would have serious concerns over. Okay. Thank you. I'm just across. Just a question about Mosby Green. Are you 100% occupied at the present time? We have been present for some time. Thank you. Thank you. Anybody else in the audience like to address the City Council on this item? Let me ask if the applicant would like to re-address the council. Thank you for very brief, Mr. Mayor. Thank you for the opportunity. As far as the gentleman is voicing his concerns, I myself and college lived in an apartment complex in Crystal City that had very similar issues. And as far as visitors, they were issued visitors' passes, whether it be from the management office, or provided the residents to give people who were visiting them and those passes would identify somebody. In fact, was a visitor to the premises. Secondly, music has always played there. The issue of the dancing and entertainment is just that. It's live entertainment or dancing. The music is always on, has always been on as a permitted use. Bridges, the previous bridges, if I may answer in one fell swoop, a number of the questions that were asked. The previous bridges is owned and operated by the Nostrad family, always presumed as is identified in the report that they had a DNA permit subject to the special use. And such operated as if a dancing and entertainment permit existed. They had dancing, they had live bands, they had music. It wasn't until I suspect that when the sale occurred or in March of 07, when they were cited as part of their application process and they stated that they believed they had possessed the DNA subject to the special use that they realized that they did not have the DNA. As such from 1997, I believe, to last year, while the old bridges operated under the concept of advanced recreational concepts, they in fact operated as if a DNA was in place with live music, dancing, and so forth. As such, when those units were converted to condominiums, that very use that existed then is the very use that the applicant seeks today. There was one letter received by the applicant regarding a concern from the HOA by council suggesting that one of the sole issues of concern would be that what vibrations a base could cause and they had agreed to remove the unit or tone down the unit of the music that creates the base effect. And last but not least, I was informed by Representative of the applicant today that they have in fact hired a cleaning crew who sold purposes to go out and clean up the premises, inclusive and Mr. Greenfield if I may address one last issue of their concerns. As apparently because they have commercial dumpsters a number of the residents rather than pay for service are using their dumpsters so they are trying to act as a good citizen acknowledging that there are reciprocal concerns. Thank you. Okay. Thank you very much. I'll now close the public hearing and place it in the hands of the council. Mr. Greenfield. Mr. Mayor, I move that the City Council approve the request of Black, Amon, Reyes, and for a special use permit resumant section. 110-782A1 to permit dancing and entertainment in the C2P retail commercial and old town Fairfax transition overlay districts on the premises known as 10560 Main Street and further identified as text map parcel 57 dash 4 dash 42 dash 0 0 1 with the following conditions. Number one dancing and live entertainment should be limited to 10 pm to 130 am Tuesday through Saturday, ancillary to the restaurant use. Number two, dancing and entertainment activity should be restricted to the 20 by 23, 506 square foot area depicted on a proposed floor plan. Number three, the applicant shall secure parking agreement from the building owner. Slash management guarantees 121 parking spaces dedicated to bridges restaurant from the hours of 10 p.m. to 2 a.m. Number four, the applicant show restrict patrons to parking in the 157 spaces provided in the parking lot adjacent to Main Street Number five, the applicant shall document monthly meetings with representatives from both most Be Towers buildings to include the residential condo owners association to discuss and resolve issues that arise from the restaurant's operation. Number six, the special use permit will expire one year from the date of approval and the applicant shall apply for renewal at least 90 days prior to the expiration date. Moved by Mr. Greenfield, seconded by Ms. Cross, any discussion? Mr. Greenfield? It's now or do you want me to wait until we... Yes, second motion. I would do probably the comments for all of them up front. And then... We've certainly had our challenges in the downtown recently with other establishments that have been operating, with or without everything that they need to have in place. I'm sensitive to the fact that the three of you are young, you're new. I commend you for taking the initiative to own and operate your own business and I trust that it's long term at least one of you is long term. City resident will make sure that you maintain a good reputation and will work to be a good business steward in the city and not be a problem for our public safety employees as well as a bad neighbor to the condo association behind you. I think that while I recognize your attorney asked for a longer period of time, I think that history dictates that we put a 12 month limit on your permit. You come back to us in 12 months. We take a look at how you have performed and then perhaps we can extend that to a longer period of time as your attorney has requested. I think that's reasonable. It gives us an opportunity to become familiar with you, you with the city processes and I wish you well and I trust that you will be a good business partner in the city. So thank you. Any other comments? I'll have to hear the motion signify by voting aye. Aye. Opposed? Nye. And it passed by vote of 5 to 1 with Council Member Line in opposition. Now brings us to gen 9 number 7c, which is a public hearing council. There's one more. You're right, please. Mr. Greenfield. Thank you, Mr. Mayor. I move that the City Council adopt the attached resolution and improve the request of Black Camon, Reyes, Inc. for a special exception to Chapter 110 of the City Code to reduce the required parking in about 200 all shared parking spaces were 242 shared parking spaces are required for the requested use of restaurant with ancillary dancing and entertainment on the premises. This is British restaurant located at 10560 Main Street and described as tax map parcels 57-2-42-001. Second. Move by Mr. Greenfield, second by Mrs. Winner, any discussion? Second. Oubry, Mr. Greenfield, seconded by Mrs. Winner, any discussion? I'll in favor of the motion, signify by voting aye. Aye. Opposed? No. And it passed by a vote of five to one with Councilmember Lyon in opposition. All right. Now we're ready to move on to agenda item number seven, C, which is public hearing, Council action and ordinance to change the polling place of precinct two to the new City of Fairfax Police Department. Is this from property advertised? Yes. Staff report, please. Assistant. No. Okay. Tim Scott, General Registrar. Pre-Sync two's polling location has was previously before its current location in the John C. Wood Building. And when the John C. Wood Building became a temporary facility for the city with renovation of City Hall, we moved our polling location across the street to the Mennonite Church. Now the police station is finished with an agreement with the police station. We'd like to move the polling location for precinct two back to the police station from the men and night church. However, since this process began, we became aware that no polling place change can take place within 60 days of any general election. Today would be 56 days. So for the polling place move, the electoral board and I would like you to continue to consider this change, but that it would not be used, this polling location would not be used for the November 6, 2007 general election would be used for the following elections. City election in May, and possibly the presidential primary in February. Thank you. Thank you very much. Questions for ten? Okay. Thank you very much this is a public hearing and I don't believe we have anybody previously Signed up is there anybody who would like to address the city council on this item? I didn't ask this been properly advertised I'm assuming it has thank you Okay, very none I'd like to obtain emotions. You're making I'd like to return emotions. Mr. Mayor. Mr. Smith. I'll go with Ms. Winter. Thank you. I move to adopt an ordinance amending chapter 30 article 2, Division 1, section 30, dash 31, Prince 2, of the Code of the City of Fairfax for Virginia pertaining to the polling place for precinct 2. We have to say after thest of January, 2009, S-7, oh, wait. Oh, wait. As part of the minister, if you're just stepping on a strike, it works upon adoption in the order of the second bill to carry. I agree. Okay, moved by Ms. Winters or second. Seconded by Mr. Greenfield. Any discussion? Is there? Mr. Sobic, sorry. I, thanks. I just look forward to getting back to our old polling station in the city of the police station and having all of us, I can think the next election will be for I think this body up here in May 2008. So I look forward to that election. Thank you. I think the presidential primaries, but we can't say that's going to happen. Parties call. If you're going to speak, I know I can't. No, that's my fault, Mr. McKnight. I just have the witness there. So, okay, but that's the could be. There could be. Right. Primer for any. Okay, all in favor, please say of five of us saying aye. Aye. Opposed? Passes unanimously and aye vote aye as well. Thank you, Mr. Mayor. Okay, that now brings us to item number 70, which is public hearing and council action and appropriation resolution in the amount of one million, three hundred thousand for the purchase of property located one of four three five north street and one of four one four main street. This has been properly advertised. Yes. and 104 main street. This has been properly advertised. Staff report. Thank you, Mr. Mayor, members of the council. This item relates to the purchase of two properties in the old town area that have been previously approved by the City Council. This is really an administrative item to allow the council to appropriate funding for that purchase. Questions of staff? Very none. Thank you very much. This is a public hearing. Nobody is signed up to address the council. And anybody like to address the city council on the side. Harry, now we'll close the public hearing and obtain a motion. Mr. Mayor. Mr. Warren. I move to adopt an appropriation resolution in the amount of 1.3 million for the purchase of the property located at 10435 North Street and 10414 Main Street. Second. Moved by Mrs. Lyon, seconded by Mrs. Cross, any discussion? All in favor of the motion? Signify by voting aye. Aye. Opposed and it passed unanimously. And now it brings us to item number eight. unanimously. And now it brings us to item number eight. Actually there are no number eight, so item number nine, presentations by the public and any item that is not on tonight's agenda. There are two folks that have signed up. Katie Baxter. Green? Dagen? Dagen, sorry, excuse me, please. I'm not sure if you're going to be going to be going to be going to to make a note for the records on the topic of the Blinum Construction Project of the Interpretive Center, bus turnaround in the potential walking paths. I live in Country Club Hills, but I do not own property bordering the Blinum Estate. I understand that there was some community outreach meetings between two and three years ago about the Blinum Project. I did not participate in those, but understand that my neighborhood was represented. In light of the recent construction, I've had more than a few disgruntled, upset, and sensed, call it what you will. Neighbors, yesterday I met with Chris Martin, who was in charge of the historic resources for the city, and I understand he's managing the project at Blinum, who's very pleasant, informative, and shared the proposal drawing with me and I do appreciate his time and care, but there were still some concerns we in country club hills share. So number one is the lack of regard for the wildlife that we're residing recently in the woods until last week when one fourth of their trees were torn down. We're asking the city to consider plans on behalf of the deer, foxes, birds, and others who took those woods as home. Many of the homeowners were especially fond of their proximity to wildlife and they're untouched wooded home. I understand organizations such as the Audubon Society may be interested in offer services in helping formulate a planned or a natural habitat revival. In addition to the randomly roaming wildlife around the neighborhood, I'm also concerned with the amount of clearing that has occurred. When I spoke with Mr. Martin, he assured me that there would be a minimum of a 50-foot buffer behind the houses that back up to the construction zone. It seems behind many homes that there is not a tree left in place between the properties. I would like to know how I can get verification that this bus buffer agreement will be honored and what I can do if it is not. I would also like to ensure that the new trees planted are native to the area and if not the exact same, then as similar as necessary to those that were removed. I also wonder about the long-term plans for the care maintenance or guarantee that the troze grow to maturity. Perhaps I'm correct to assume that the new trees will be planted as saplings. I don't know. Is it possible I receive updates on the progress of the construction and replanting so I can keep my neighborhood informed about what has happened and what will be happening? And finally I would like to request the walking path proposed in the remaining wooded area if you reconsidered. I understand the committee does not anticipate that's the historic committee that's planning the thing. They don't anticipate excessive use of the path and I question its necessity if it will require further destruction of the natural woodland. So just to sum up my three points include one, the concern for the displaced wildlife and helps for collaboration with appropriate organizations for their survival to concern for the proposed 50-foot buffer as their areas where the 50 feet have been leveled and Three are requests to reconsider further destruction with regards to the proposed walking path So thank you Thank you. I I will say and I'm sure some of my colleagues have had an opportunity to go out there as well based in some comments by some of the community in the last couple of days. And without question, it is shocking. I guess it's lack of a better word. I, in discussion with staff, I've been assured that there'll be a lot of dialogue and discussion in the future and replacing a lot of the landscaping in the buffer and some of the things that don't exist there right now anymore. And I would certainly expect that there'll be an open dialogue with the communities and unfolds and goes forward from here. So thank you for your feedback. Okay, great, thanks. I also told Melissa Peterson, who was here earlier that I would share with you her concerns. Some of them are going overlap with mine. Sure. But I'll read just as fast as I can again. So Melissa, Tom and her daughter Claire live at 3421 and over. Their property backs up to Blinham but not directly to aware of the construction that's happening. So they're deeply disappointed and shocked at the devastation at Blinham. It's beyond their worst fears. They feel this project could have been done well, better respecting the precious and rare natural resource of land and wildlife habitat. They have seen displaced deer roaming near garbage cans, a mom and a fawn displaced today on neighbors yards, to stun deer out the backyard during construction and other neighbors have also corroborated those stories. They know that there have been two displaced owls and that the beginnings of encroachment this summer and death of a fox on oldly highway as the mate cried at night for several weeks. So this all being said and done already, they are requesting massive restoration of the habitat as soon as possible, especially with regards to not putting ornamental trees as a pretty park, because there's a lot of concrete coming. The deer in the wildlife need food shelter in a place to raise their young. Not trees planted with grass to my underneath that is not habitat as animals are not able to find cover and protection to raise their young there. Her husband, Tom Peterson, is an environmental consultant with five years of state and wildlife agency work. An extensive government work with endangered species who would be happy to connect you with certified wildlife biologist. A landscape architect is not trained for restoring wildlife habitat, so please reconsider or consider your plan that while you can still make a difference and do something about that. They need, they're requesting the Certified Wildlife Restoration Program, maybe consider using the National Wildlife Federation or the State Wildlife Department as resources. They agree with me and would like for you to please reconsider the trails which they also feel are unnecessary. They do not want human traffic and danger in their privacy or children at play in the back. They're also concerned that wildlife, including large deer, need undisturbed shelter with no human trails or further encroachment. Deer need large shrubs, brush for cover in day, not a pretty grassy park before they go out to feed at night. So trails will further displace and disrupt wildlife. They feel that this will benefit not only us all, but the neighbors, the community, the wildlife, and the city leaders too. If you provide refuge soon, you will get less complaints of dead wildlife and possibly collisions of deers and cars, potentially with human fatalities. It will also resolve numerous complaints you were likely to receive from some residents when wildlife eat their gardens, roam their streets, and some such as foxes visit our children's play areas. As we remember and preserve valuable civil war history, let us not neglect our precious natural history, and our present and future human neighbors and wildlife friends. Thank you for the opportunity to speak. Thank you very much. Okay. Okay. Nobody else to sign up with anybody else like to address the city council. Yes, please. Gary Parem and 1-1-0-0-8, Westmore Drive. Two things. One, a couple of months ago, went through a long and bitter debate concerning the ball fields. After the, we're agreed on the four ball fields to put them out. We've got paperwork saying three of them have been put in dry dock and everybody's kind of wondering how long it's hopefully not another 20 years before we see another ball field. The three spaces are available, so I know it's just the fact of the money to build the fields. Because at our pick vehicle in Saturday, I talk to the two state delegates, our local delegates, concerning the scooter issue. They're going to hopefully push for a passage of a law that will leave that issue up to the local municipalities. So it may come back to the city to determine whether or not we want the unlicensed, unregistered, uninsured, and uninspected vehicles on our streets. I'm hoping that you think of that before it happens and try to stop before somebody gets a date around here. Thank you. Thank you. Anybody else like to address the city council? Very none. We'll close. Gen 9 and number nine. Go to Gen 9 and number 10, which is the approval of the July 10th special meeting, July 24th, regular meeting on August 11th, special meeting. So moved. Boone by Mr. Greenfield, seconded by Mrs. Winner, any discussion? All on favor of the motion, signify by voting aye. Aye. Opposed? And at Pashtay Nandem, we'll now recess our regular meeting and go into our work session. We're just actually going to stay right here in this room. The work session item is 12a or request a PNC bank to rezone a approximately 1.29 acres of R3 residential to R2 retail commercial with paupers to discuss the demolition of historic structures and or alternatives. The address of it looks like 10631, 10633 and 10645, 10649 Main Street. Is this been properly advertised? No. No. It's not a public case. Sorry. Right into that. My staff. She was right there. Not yet. No. Okay. Staff report, please. Thank you, Honorable Mayor and members of council. As the mayor stated, this is a, this application or this work session before you forward this application. It's for rezoning and several special exceptions and special, especially this permit to allow a bank where it drives through a site located in additional and mainstream. What you see on it drives through at this site, located in the Dishill and Main Street. What you see on the map is the existing site, the aerial map, and a plain view of the buildings there are four, one out building, three main buildings on the site, one, actually two commercial, which is this one you see before you, and this is, though, a residential structure, a commercial building currently, and this is the residential use on the site. Now, as stated, the proposal to be seen back to the demolish the existing commercial and residential structures and rezone the property to allow a 3650 square foot financial institution where the drive through. Again, the land use request is a rezoning from R3 to C2 and this that earlier on, and especially the permit to allow again the financial tushia with the drive-through and redevelopment of the flood plant. As well there are several spectral exceptions to constructing grade within 50 feet of the RPA, the C-Word 50 feet, and we have required loading space for climate. There are also variants to eliminate the requirement for additional 8 foot right away along Main Street. The proposal before you, the site plan, obviously this is the bank location. What they are proposing is ten foot sidewalks on Main Street and traditional. Obviously, the tearing down site parking will be located just to the east of the building. There's 18 spaces, 14 are required, 18 are being provided, they're providing the adequate landscaping in islands. There is a wall, retaining wall, that will be located along here, that are butts, the floodplain location. Now these hash marks here are representative of the RPA, and if I could get this to work. Well, let me just throw it with the arrow. The floodplain runs approximately across the, that's work, across the naparca light, and does not interfere with the proposed structure. The structure is, I want to make clear, it's out of the floodplain and so, and out of the RPA, but the asphalt areas of the dry-bowel towards the rear And the parking is in the RPA and and the floodplain location Just to go back on the site because I'm the council is familiar with this location back in 2002 There was a project known as the Kenan-Wedd of Olim Project was supposed to work 22,500 square foot office building where it drives through banking facility as well. Through the intensity of the proposal and the site constraints as you are where there's the RPN, the floodplain and the size of the parcel, all the parcels, it's difficult to develop in this site. So due to those constraints, the application was abandoned and never moved forward to council. Just to give it background on a comprehensive plan history of this site, the 1997 plan designated this location as commercial redevelopment and remained that way to 2004, which is still for commercial redevelopment. It's actually listed as mixed use, but business commercial is the uses they like to see on this site. But when an open space option, do the vine mills look a straight constraints of the flood plan and the RF constraints of the floodplain and the RPN on the property. However, an open space study did not assign sufficient priority to result in a purchase of that site, so it remains open as you see it before you. Moving up to the current company on the site design, the applicants provide enhancements that bring the property closer to compliance with the plans objective, seeing the open space requirement, replacing obsolete and I should say also on the utilized buildings we improved architecture providing the retrofit streetscathing gas lighting, street trees and so forth. To be more specific to this location the landing section dresses were the stairs called the westward extension of the old town Fairfax and it's also in the transition in what I needed to make that clear earlier on. This location does support unified redevelopment on this parcel, which is one building or several buildings, but to be brought forward to the street, mitigate environmental, make sure you're mitigating environmental sensitivities, parcel consolidation, which is also part of this application. And again, that unutilized structures that are on site are obsolete, be the redeveloped, and encourage personal professional services in this location. In terms of resource protection area of the site, again, it's stated within the RPA. And this did require that 40% reduction. The application does meet that 40% reduction requirement. But because it's being constructed within the RPA, an SC is still required with 50 sewers. So the construction of the asphalt areas, the parking, the drive-through, the islands are in the RPA, but not the building, but they do meet the phosphorus pollutant requirement. And I can skip this here. Also with the subdivision variance, now system we've done, because of the constraints, the applicant, if provides the additional right away, would have to push the building further back closer to the floodplain and into the RPA. So the requesting and variance from the eight foot right away, with the additional right away along Main Street. Some of the traffic circulation on site, don't be finding there's no negativity on site. There will be a right in, right out, and we back up to the map. Along judicial drive only, so there will be no left turns along here, and there will be entrance also on Main Street whether left turn or right turn into the site. I also we discovered a no short long term plan for winding Main Street at this location. This is the proposed architecture to building it shares a lot of elements though modern in many senses it's just many elements of the transition district, more residential in character and a nice soft view to the street. And again, as the site plan showed, it's brought forward. There's a lot of brick and we have the pillars in the glass. It was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it was, it Now, the other issue that has been surrounding this since the Maywork session with Planning Commission has been the historic resources and historic structures on potential historic structures on the site. So I just want to give a brief overview on that as well. I also included not in the packet, but tonight, letters that have gone back forth between staff and HFCI and historic resources and controller and a few others. And I wanted to give a briefing on that here as well. But just to give you a little history, in 1988, the Plan Department requested City Council to fund inventory of historic buildings. Initially, the inventory did not include the existing buildings as part of this inventory. When the key and redevelopment polls will occur, Stereo-Guisau staff state the properties contribute to our knowledge of local history, and as the buildings are demolished, we should require mitigation such as recording the buildings on the Virginia Department of Sterec Wiesel's architectural survey forms and photograph for their recondent characteristics. In 2004, a couple years later, an update of the historic, inventory included these buildings and noted their local significance. And fleshing up to this current application, which began in 2006, and in the form you see it today, see the planning staff requested the archaeological assessment. We also have an architectural assessment that concluded the existing buildings lacking significant miracle local, all national historic listing. The site does not contain any significant artifacts that contribute to historic character of the area. And the loss of the main feature was lost, the will of equal diminished, the significance of the site as an important district. However, in May 2007, a historical staff, the Spatchett Memo, and previously had indicated a set of work session meeting with Plane Commission that they may be local significance to existing buildings and once again suggested measures that should be taken to mitigate any development effects on the property. And then following in subsequent July 11th and 25th, Sturkey fast, fast requested a controller of currency to participate in the Section 106, which he heard given an overview earlier this evening. And the control and currency has indicated acceptance to review this application in terms of Section 106, as well as he heard PNC has applied for the application. And again, these are the structures on site that are in question. Again, the commercial building, that was the front. This is the rear of the building. Again, the other residential structure, which is used as a commercial site, and the existing residential structure on site. So in conclusion, for the work session, in terms of the land use actions and in terms of the rezoning, the constrained site, the floodplain and RPA cover 72% of the site, the building is placed as much as possible and fronts appropriately onto Main Street, which is a subject of comprehensive plan, in terms of the streets gaping and so forth, and it's providing a service that is expected to achieve these tax rate. This is not saying there's no warrant to have a further discussion regarding the historic significance of potential stolen items from the site. And thank you for your time. Questions and staff? Hearing well, here. This may be premature but based on everything I've heard here, do you have the staff have a recommendation, Mr. Mayor at this point or is this strictly at this point just for dialogue with the council? This is strictly at this point, dialogue with council in terms of what has been proposed. Staff is comfortable with rezoning in the land use. Again, there's the question of the historic significance of these sites. If I could, actually the what Ciclone failed to mention was this was considered a public hearing with a planning commission last evening and a planning commission voted to recommend approval by a vote of 3 to 2. And there is a staff recommendation indeed and staff recommendation is for approval. recommendation. Indeed, and staff recommendation is for approval. Thank you very much. Mr. Mayor, if I may ask a question, I'm assuming that the Planning Commission and I'm sorry I didn't. I wasn't glued to my television set last night watching the Planning Commission. As I'm sure they're not glued to us this evening, would you surmise that the decision of the two members in opposition was based on the historical significance of the property or was it based on the actual merits of the rezoning? If I could, one of the members of the Planning Commission was reasonably clear that he was convinced by the historic argument. I think it's the way he put it or his historic discussion. The other member did not give a reason as I recall for his vote, however, the questions that he asked along the way referred to more transportation related than anything else. Okay. Mr. Murr, I have some strong opinions about this application and I'm happy to yield at this point for my colleagues if that would be your preference or if you want us to put down. Well, we're going to invite the applicant to testify. Well, then I'll be calling as well. Look forward to. Any other questions and staff, Ms. Cross? Thank you. Thank you. I am not recalling the design of the town homes that are just to the west of this site. Is the blend of this architecture something pleasing with what's proposed on that site? Yes, it is. There are elements of this that transfer over to the residential across the site. With regard to the historic significance of any or all of these properties, has there been any discussion of the HFCI's purchase of the small white frame building and moving that to another location. Has that been proposed or talked to? There's been discussions that it was opened up or discussed last night at the planning committee about moving the building, but in terms of purchasing from HFCI, that perhaps the applicant just be as glad to be rid of it for nothing. I have not heard that argument either but I just, I'm a little mystified and probably need a little more information as to what is significant about these buildings. But of the three, it would seem to me that that would be the one that would be of greatest value. Mr. Hussin, I believe one would respond. If I could, another thing that it's important that you recognize is that part of this rezoning hearing that will be coming up in two weeks is also to receive input into this process, section 106 process, that the Comptroller of the Currency has to go through. And I am sure that HFCI will be prepared to testify. HFCI has contacted the Office of the Comptroller of of the currency and has requested to be acknowledged as a consulting party and they will be a consulting party just as the City Council will be a consulting party in this matter. So part of what the way we've tried to set this up in a sense to try to streamline this process is to have this public hearing that will be coming up. Also served to get public input from HFCI as well as from other interested citizens and interested groups who want input into this. And that the City Council would have its own position on this and we would forward that to the comptroller as well. So I just wanted to make sure that was clear. That will be part of the public testimony at the next public hearing also. I believe you were handed a list of all of the correspondence that we have received, that at least my office has received the date from the HFCI and correspondence between the Comptroller of the Currency and HFCI. So you have the benefit of all of that and I would ask in your as time permits to please read that in advance of public hearing. I have some concern about the eight foot setback is that only along the Main Street exposure down judicial we have retained the necessary right away right okay and what is that going to be reduced to from what is required? It's a 42 feet that exists and so if the A foot were the requirement however is 50 and we're getting 42. It's staying as is. The first thing is is. From the center line from the center line. Not the total width of the right of way It would be 42 feet, which is the existing right away as opposed so you would end up with an 84 foot cross section as opposed to a hundred foot cross section. Okay And the only time that that would really be an issue is if we ever wanted to widen Main Street. Probably not very likely. I had another question, but I can't find it. I'll yield Mr. Mayor. Mr. Mayor. I can't find my question. Okay, well, we can always come back in this winter. Thank you, Mr. Mayor. What jumped out at me was that diagonal driveway that went, that comes off of judicial, so it was through, there was one little speed hump kind of indicated or traffic calmer. But I fear that people will think that they can just zoom through there to avoid the corner. And has any other traffic flow been looked at? The idea of if they did come off a judicial that you came into a parking lot that was self-contained just for that, so it would be like a right in or right out at that one location. And then maybe another self-contained on and off of Maine because it's going to become an access road. In terms of accessing from the initial, there's a write-in write-out at that location. The applicant is proposing and stop signs on this various sections of that location to help, you know, one reduce, you know, anyone's speeding through. I think I'm going to do rolling staffs. You're just going to, you're just going to. And I believe we've had discussions because we're not shown on the plan of maybe a location of a speed hump along this location, but none has been proposed yet on the other plan. Okay. That's my major concern. And that would probably enough for enough beef enough for meat and not approve the project. Thank you. This cost? I found it. From the back property line, well, how far is the nearest grave? And in terms of really high water, the essence of my question is we certainly don't want any graves flooded back in there. How far back is the nearest grave and the sale of plots on that property. When the African has internet, have the message specifically in terms of numbers, but this is the buffer area and also the retaining wall. The stream is located approximately here and then the cemetery is off to the opposite side. So it's quite a bit of distance away from that location. And actually with the floodplain elevations that they are proposing, they actually enarrow the floodplain away from the cemetery slightly. Oh, it does. What's been happening? I didn't, we just discussed this in another application tonight that the business of that are retaining wall, impeding the natural flow of water and, and, I believe Mr. Paramon was the one that talked about this. And the fact that if you have a retaining wall here that the water excess water in a flood situation would be forced up the hill toward the cemetery. No? Yes? The flow in terms of the floodplain and stormwater went off, actually flows to the east of the site and away from the cemetery at this point. And in terms of the elevations, it actually flows in this direction, like it was the east. But with the retaining wall, is that going to? From what has been submitted, that has not affecting that. That answers your question. All right. And how is how close is the nearest cemetery plot? That I do not know, but I will check that. Let's be real careful about that that would be not good and I think I believe that's all I have thank you other questions just that this line Thank you mr. Mayor, you know, I'm gonna go to the signage and the lighting and some of those things They may end up having to go to the applicant later. But there is a development that's being built across the street under the other side there up the road just to here. And I'm concerned about the lighting on the buildings right in there. Like you say it's standard conformance of the city code and I just want to make sure that this isn't going to be So let that it will disturb anything that's going to be built around right around In terms of the city code requirement and that the requirements not to task learn any adjacent property There's a illumination standard. I think it's 0.5 to property line. It's residential. I think it's a little less I have double check that. Oh, hi, are they going to be? I believe 12 feet. 12 feet. And they're going to be facing down or. One time, it's like that. Is that we? Yeah. It would be the gas lamp style. OK. All right. That's what I just wanted Mayor. I'll wait for the afternoon. Thank you. Just a couple quick things. First of all, during testimony earlier tonight during presentations by the public, it was stated that it was their impression that the drive-through windows would be open 24 hours a day. I would find that unbelievably unusual. But is that the case? Those are for ATMs. ATMs. ATMs. ATMs. Not the drive-through window that would do business but that would be obviously accessible 24 hours. Okay. The second thing I just wanted to just kind of dig down a little bit on and that certainly is the process of had the opportunity to sitting in a couple of dialogue and discussions with a whole variety of parties on on the historic nature of the buildings and what to do and where we go from there. But as I understand it, it's not an all necessarily, depending on the will of the council and forgetting the federal process. But it's not an all or nothing in all process. It's not a process that we have to say either, yes, we think these are his signorically significant and should not be torn down or tearing down. There are other things that I would think the council would have an interest in and maybe even obligation this process to identify IE and I'll certainly ask the applicant on this in a few minutes but making available the moving of the House or houses to any interest of party who wanted to preserve it for historic preservation. I assume there wouldn't be anything to prohibit the Council in requiring it asking for that to be available. Is that correct? No, nothing will prohibit the Council to ask for that. And short of not tearing them down, but certainly as an alternative, it's my understanding that it's a common practice for jurisdictions in this process to ensure the collection of photography and history and some of the things to retain the history of the project that they could be put into the museum if it was the well or collected in the historians file cabinet somewhere or things that is that my understanding is that correct that that that's a standard solution or what one of the mitigation solutions to alternate solutions as you will are there other mitigation solutions that you all have identified assuming that there's even an interest to go down that path that Should be put into the process for our dialogue and discussion This part of other than some of the items that you have suggested we have you have received no other alternatives other than adaptive reuse from the store of graph X but okay, that's it It's but to sort of recap to recap, the applicants have actually already done photo documentation of these sites. They did that on their own prior to getting involved in this most recent process. But they indicated and will obviously let them discuss this but they indicated to the planning commission last evening that they would like to do a brochure and make the brochure widely available so that it wouldn't be necessarily in a museum somewhere but rather would be at this branch of the bank and could offer some education with respect to the history of that site. The mitigation, and I get this from talking with Dr. Martin, from talking with the applicants and talking with the Virginia Department of Historic Resources. The mitigation extends from photo documentation or a documentation of the artifacts and the site all the way up to adaptive reuse of the building. So there really is a wide spectrum of mitigation possibilities. Again, the one the applicant has been focused on is the notion of taking what they've already done and then in producing a brochure and making it widely available. And so as I understand sort of this process is this unfolds over the next couple of weeks. The City Council and one of the intent of the public hearing would be to solicit stakeholder involvement in dialogue and the discussion from all interested parties. And the council sort of action in terms of setting aside the federal process, whether or not the city council would approve or not approve or add proffers or conditions or mitigation measures, as part of the process. And then once that action is taken, it would be somewhat then passed over into the more outside of our purview process and the federal or state to review everything that's taken place and sort of make their ruling in terms of how they feel about it. Is that sort of a fair review on that? Okay. All right. With that, if there aren't any other questions to staff, let me invite the applicant if you'd like to make a presentation to the council. if you'd like to make a presentation of the council. Good evening. My name is Kathy Cuscar with Walsh Kaluci, and I'm here on behalf of the applicant. We have Susan Gollum with us this evening from PNC Bank. We also have our architects, our engineers, and our historic preservation consultant and archaeological consultant as well. We have done a lot of work on this project. In fact, we have been working on this application for two years. PNC Bank is very excited to be in the city of Fairfax and looks forward to approval of this application. When they originally did a feasibility study on the property, clearly what you look at is what is expected on the property and what you can achieve on the property. Clearly you do need approvals to develop a bank on this site. But one of the first documents we looked at was the Comprehensive Plan. And your comprehensive plan does call for parcel consolidation and redevelopment of the parcels. It does not speak to preservation of buildings or adaptive reuse and so PNC took that on good faith and proceeded down the path of a redevelopment application. Unfortunately, in the past couple of months, there have been historic concerns raised by the community and discussed with staff. We are aware of a 2004 survey of historic properties and discussion of expansion of the historic district. Obviously, that did not occur. So once again, we came forward with our application. There are a number of requests associated with the application, but I think that that gets to the second part of your comprehensive plan language. It speaks to the preservation of open space and environmentally sensitive land. That is in redeveloping this site, we have worked very hard with staff to make sure that our impact on the floodplain and the RPA is minimized. Clearly, what is there today impacts the floodplain and RPA, we have existing structures in that area. We, as Mr. Colon mentioned, have moved the structures out of that area. We do have pavement, but we are working to mitigate any impacts through additional plantings and through some other measures that the engineers can speak much more intelligently about. I'm sure if you desire that conversation. As to the architecture, that was also a significant amount of discussion. PNC is very proud of their lead certified building program. Their banks are lead certified. They did come in with an original design that perhaps was a little too modern, at least in staff and the Planning Commission's view relative to its location in that transition overlay and as an entrance to Fairfax, the city of Fairfax. So we got nudged a little bit and then maybe hit over the head after the third time and realized that perhaps we needed an entire redesign of that proposal and we did come back with a brand new building that was very well received. And that's the building that you see in front of you this evening. This building will also be a lead certified building. There was a question relative to signage and lighting. As part of that lead certification, lighting is a big issue in terms of making sure that there is no spillover lighting. And so the lighting level should be appropriate and not have a negative impact on adjacent properties. In terms of traffic, we had a number of conversations about that driveway and whether that would create cut through traffic or not. We did propose one speed table. We do have a couple of stop signs. Certainly would not want that to be a reason for someone to not support the application. Our thought with the speed tables and the stop signs where they would be enough of a deterrent that traffic would find it inconvenient to use that as a cut-through. There was discussion of additional speed tables, but when you start to, and we could look at that again, but when you start to look at how those speed tables would lay out on the site, then you start looking at traffic conflicts between people actually coming through the drive-through and the drive-ile and people trying to access and leave the parking area. So in our consultation with staff, we thought that the proposed dot signs and one speed table would be sufficient, but if it's the pleasure of the council, we can certainly look at that again. It is right in, right out on judicial. As to the specific historic issue, we do have our consultants here who can speak to that specifically. I want you to know that a lot of work has gone into that. Even before any issues were identified by the community, we did not only a phase one archaeological study, but a phase two architectural assessment of the buildings, I believe it's called, and that document, which is very thick and very substantive and has that photo history and all of the other documentation regarding the site, is actually, I'm told, sometimes, a mitigation measure. That it's that next level of review of what the historic significance, if any of that site is, or at least documentation of what that site has meant over the years to the community. So we do have that document. One mitigation measure could be to file that somewhere, put it in a library or on record with the state for people who are very interested in those matters to be able to find and read. What we have also proposed is creating perhaps an 8 to 10 page brochure that would be available at the bank branch and widely distributed so that it's relevant to the actual citizens of Fairfax City and they can actually see it and read it and understand it. That could be coupled with a photographic display, perhaps with some text within the actual bank facility itself. So there are a number of mitigation measures that we have suggested as part of this approval. Once again, our consultants are with us. So perhaps it would be easier for us to respond to your specific questions given the late hour. Thank you. Are there any questions of the applicant? I just have one. Would you all have any objection to if there was any interest by either the city or any preservation group to remove the property from the site and move it to another site to preserve it? Would there be any objection of either you or the landowners? In theory, we don't object to that. We do have a practical concern in the timing associated with that particular process. And I think we would be very interested in figuring out if possible a way to, if that were the desire of some other entity to move the building that we try and figure out a way to make that happen as expeditiously as possible because we wouldn't want to be in a situation where we have an approval from this body and are able to proceed with construction and then are kind of tied because the building is still in existence. But in theory, no, I think we could work with something like that. I'm assuming if there are any other questions, then no more comments from staff. Thank you all very much. Thank you. You being here, we look forward to the process. Just FYI, do we not want to even just dialogue amongst ourselves this evening about what do we think this should know? What do we think there should be additional changes aside from your question of staff, but more of the give and take or banter that we may want to have as a counsel. I'm just saying, I feel like we're leaving the applicant tonight with an impression that this is a slam dunk based on no questions when I think that there may be concerns, and if there are concerns, let's see if we can get them rectified here in the next ten days or two weeks. There's a silver turn, you have floor, go for it. Well, I don't have any concerns. That would be my comment. I actually think that this is a good, a darn good application. I question, and that's why I asked what the Planning Commission's dialogue was about, whether or not historic significance played a deciding factor in the decision. And it sounds like maybe with one commissioner it did, but not with the majority certainly. I feel like, and I'm going to sound like my dear friend Mr. Greenfield, when I say this, that I'll put my record up against anyone's when it comes to historic preservation. But you look at the blend of the state, you look at what we've invested in historic properties throughout the 1990s and early 2000s, you look at the historic museum and visitor center, et cetera. We have a darn good record, but I think we're getting a little bit outside of the range of what I think is reasonableness when we start looking at buildings that just happen to be over 50 years and age. If the community getting to your question, Mr. Mayor, feels strongly that these buildings ought to be preserved, then let them raise the money and find a way to find a location where to house them and put them. Because I certainly don't want to ask taxpayers to go back, I don't want to go back to the well. Yet again, to the taxpayers at large for additional funding for something that I think is questionable. Blenem wasn't questionable. Blenem made perfect sense from my perspective and so did a lot of the other projects that we funded. But this, in my mind, goes beyond. Now, I personally think that the will of the council, when it comes to land use and transportation as Mrs. Winter raised, I think those are valid points, and certainly we ought to be considering it. But to go as far as to petition the control of the currency, I just find to be a bit beyond the scope and responsibility. And that's just my own opinion. I know it's going to upset some people that might be watching on TV this evening. But I feel strongly that the applicant has come forward with in good faith to redevelop a site that frankly is in dire need of redevelopment. It's an eye sore, has been for two decades and this isn't the first time we've had people come and express some interest. And they've operated in good faith and I think we as a city have to show them the same respect. And I look forward to this application in two weeks and I look forward to supporting it. Thank you. Other comments, questions, concerns, thoughts for the good of the order before it moves forward? Mr. Mayor. Mr. Cross. I concur with Mr. Silverhorn. I think we've gotten a little. A good adjective doesn't come to mind, but these buildings, it mystifies me how three buildings can separately not be of historic significance, but as a group are, I mean, it sounds like apples and oranges to me. And I quite agree, you know, if the station master's house is undisputable value historically, then perhaps a group would like to move it. But the opportunity to develop this piece of property, which as he well put it, it's too, we very much need to see the fruits of their efforts, of PNC's efforts here and redevelop property. I do have a few concerns about the stream enhancements and the infringement possibly on the cemetery grounds. I'll look forward to that. The answers to those questions when you come back. But for the most part, I think this is a go. Thank you. Other questions, comments? Hearing it a go. Thank you. Other questions, comments? Here Mr. Greenfield. Thank you Mr. Mayor. I want to make sure I Is late. I don't want to go back and forth here with any of my colleagues, but I do want to make sure that I communicate to you that I share miswinners concerned with respect to the incomes off of judicial drive. I think experienced dictates that given the traffic pattern in that area that I think you need to, I realize it's a difficult site. I realize you're making improvements to this site, but I think you need to be creative in how you handle the access off of judicial into the bank because what will happen is exactly what Miss Winter described it will be a cut through in a speed hump as we well know we seem to be the leader in the Northern Virginia area for traffic calming a speed hump is only going to work until they figure out that you can do about 25 miles an hour going over that speed hump and not have to slow down. So I hope that we can be a little more creative with that entrance and do something other than a speed hump. Whatever it's going to take, that's what you pay the experts to come up with a solution there. But I think that's something that needs to be addressed. I also tend to agree with Mr. Soforthorn here with the respect to the historical significance of these buildings and the implication that if some organization outside of the city council is going to require you to preserve one of those buildings, I hope they know how to pay for it because I can remember building up on 123 that they paid a penny for and it cost them over $350,000 to move it less than a block. So I think that it's going to be difficult and I for one will go one step further and say that I don't want to see the blend of the state become the repository for every single historical building that we feel or someone feels is historically significant. Again, yes, I have said that I'm proud to put up or any of us, I think, are proud to put up our record of historic preservation because it seems to be questioned at any time that we don't support something that a body wants us to preserve because we may have an opinion that is different from theirs with respect to historical significance. We have done a lot in terms of historical preservation, but I think we're starting to drop off in terms of some of the significance of some of these projects, and I would not want to see something delayed in an effort to move a building or figure out how a proper condition is going to pop up requiring the applicant to pay for moving the building or whatever it may occur. So I want to make sure I'm clear as to where I stand on those two issues. And hopefully you'll be able to at least address the one in the next week to. Okay. Mr. Rasmussen. Thank you. Thank you. You're welcome. I would just hope we don't foreclose any options for being able to have a win-win situation on both sides of the equation, both the development of a site that's admittedly long overdue for something to happen with it. But at the same time, if there is some legitimate historical preservation to be achieved, it seems to me that that's a reasonable thing to address with the applicant. We have a miserable history, I think, in the city of requiring applicants to perhaps contribute some things to the process in which they're putting forth an application. So I think it's very reasonable to ask the applicant to see where it's possible to work with interested groups in saving properties if that's, if they're decided, if they're determined to be historically significant. That's a big if and I could agree with you if it's a big if that if is answered. I'm skeptical. Okay, any other comments for the good of the order? Mr. Zwinner. Thank you. Back to the street. I've even considering taking out the judicial entrance totally and just have all of the business come in and off of Main Street. There are many other businesses along that, you know, the blocks that only have one entrance and exit area that there's just one street that they come on and off of. And I will concur with a lot of the historical remarks that were made already. Thank you. Any other comments? If not, thank you all for being here tonight and we'll watch the process unfold. We'll now reconvene our regular meeting. We are going into a closed meeting. I move the city council convener closed meeting under section 2.2, 3711A1 to discuss appointments to boards and commissions, Section 2.2, 3711A3, the Code of Virginia Discussion Acquisition and Deposition and Real Property for Public Purposes and under Section 2.2, 3711A7 for consultation with legal counsel for legal vice-all council members in favor of the motion, signify by voting aye. Aye. Opposed and a pass unanimously. I got a lot of money I got a lot of money I got a lot of money I got a lot of money I got a lot of money I got a lot of money I got a lot of money I got a lot of money I got a lot of money I got a lot of money I've got to roll, I've got to fight it all I've got to go to the next room. When five years I'm a lobbyist still, I'm trying to get up there, great big healer of hope for a destination. I realized quickly when I knew I should have the world was made up of the probable old man for whatever that means. Into a crisis times when I'm lying in bed As you get it all out of walks in my bed And I, I am feeling a little peculiar Into a wake in the morning I'm step outside And I take a distance and I get real high and high And I, I keep with the top of my lungs what's going on? In our same home, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, and I try. Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, pray, oh my God, you are hurting, I pray for safety, for revolution, into a place I don't know if I'll see you in my city tonight And it really is a lit up blue low Into a lake, this morning I was about to die And I'd take a dick of sand I can't feel high and high Scream from the top of my lungs, what's going on? I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on, I'm going on,, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh John, to get a bat, quickly beautiful For a destination I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more I'm gonna be your baby, don't be I don't know what I'm gonna be I don't know what I'm gonna be I love again Let me show you how I feel Let me know what I'm gonna be Let me give you what you feel Let me know what what you feel I'll give you what I love you Oh, let you make me feel the way I'll give you all for my life, get away Cover up every other, every way I'll give you my hand, my soul, thank you Leave the heart, hold onto the dream You can choke me into your heart, thank you Give you my hand, give you my hand Feel your soul, your heart I'm gonna go home, I'm gonna go home I'm gonna go home, I'm gonna go home But I knew you'd run before me You run your goal from the sea, you will never leave Cause I will never let you go How to float to the sea, because I love you so much Let me feel the need to get you Just let go of it now I like you, can make me feel brand new I can feel it in my heart, you're the only one that you I can not be, I want to to love me, I want you to be I want you to love me, so let me be Be the one, cause I'm too lazy You just don't do it in your heart Let me be the one, cause I'm here to walk on the moon, I'm here to walk on the moon I like you, can't make that music way I'll give you all the moments you're away I'll cut my head, I'll give my head, I'll pay You are a best of me Get a one, hold on to the dream You can jump through the sky, let me Get a one, give a bow to the world Get a one, let me Get a one, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back to you, come back I'm a bit with all, you can say that I'm a baby girl, you can fly wherever it goes, you found out I'm gonna crush on you The rest of it, my heart is in this place, you found out I'm gonna crush on you You must have heard it from my best friend And she's always talking when she should be listening to me Can't give a second to say her lie But feel like she's always gone my bad I never knew a woman to spread so fast Good girl, the world is up? Hello, what is up? Can I'm not in for you? I'll be there now, can I never go? You found out, I found a dish on you Oh, what's your way? My heart will be flayed You found out, I found a dish on you Oh, what's your way? My heart can be flayed If I'm out I'm gonna touch all the wounds Well, maybe I was the one who left the trace Was ever missing all my face Well, my emotion goes on, so we're not even That you would know my life before I was dead Was it my eyes that let me know you had control? Because of you, when you know what the start's like You knew I was a random I'll let you know Cause I never told you You found out I've got a question for you No, I wish I'd get it My heart's been dismayed You found out I've got a question on you I'm running for you I'm running for you I'm running for you I'm running for you I'm running for you I'm running for you I'm running for you I'm running for you I'm running for you I'm running for you I'm running for you I'm running for you I'm running for you I'm running fresh on you You found out I'm running fresh on you You found out I'm running fresh on you You found out I'm going to push it all through You found out I'm going to push it all through You found out I'm got a question on you Question on you Question on you Question on you I'm gonna go back to the sun. I'm gonna go back to the sun. I'm gonna go back to the sun. I'm gonna go back to the sun. I'm gonna go back to the sun. I'm gonna go back to the sun. I'm gonna go back to the sun. I'm gonna go back to the sun. I'm gonna go back to the sun. I'm gonna go back to the sun. I'm gonna go back to the sun The paper I saw your face of the evening news Now when I woke up and think was dawned I remember we were through Don't come round get on board Hey get out of my mind and you've never we got things to say You come around here look at the fire I make you some water, walk away Oh, get out of my head Because I look there for you, dear And I get to tell me that you love me Remember you were the one to move I gave my home and I come to you. And I wanna go in and find you. You put it all in and made me feel it. I was shooting for another man. But does he handle that I don't care? I see you standing in the midst of the moment. I put a learn and a drink and an old ass in it. Don't come out and get home on Yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah Because I was never needed And they just tell me that you love me I'm a woman, I'm a woman I don't remember when I was there And I would, oh And I'll telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm telling you I'm be be there, and then you tell me, I'll let you tell me, hey, yeah, out of my mind, and if ever we are things to say, you come around here, look, they're so fine, we can tell all the love away have Oh, you're out of my head We could let love pick a newbie day And then you tell me that you love me I'm not sure why I called I guess I really just wanted to talk to you And I was thinking maybe later on We could get together for a while It's been such a long time and I've had a really good miss your smile I'm not talking about moving in, and I don't want to change your life But there's a war when the war when the stars are round And I really love to see it tonight tonight We could go walking through any part Take a drive along the beach Staying all the watch TV you see it really does not have much to me I'm not talking about moving in And I don't want to change your life But there's a warm window in the stars around And I'd been in love to see it tonight I won't ask for promises so you don't have to lie People's with that game before say I love it and say good-bye I'm not talking about the many and I don't want to change your life But there's a war when low and the stars are round And I'm feeling love to see you tonight I'm not talking about moving in And I don't wanna change your life But there's a war when low and the stars are round And I'm feeling love to see you tonight I'm not talking about moving in And I don't want to change your life But there's a warm wind blowing the stars I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. They say around the way you ask for But that's just all until you take me down Oh, it is just true, don't leave me on the low now Yeah, 100 if you ever gonna take me down Tell me what you think, cause I need someone Girl, you gotta let me know which way I'll go, cause I to know, I need to know Tell me baby girl, cause I need to know I need to know, I need to know Tell me baby girl, cause I need to know My every thought is of this being true It's getting harder not to think of you Girl I'm exactly where I wanna be The only things I need you here with me Oh it is true, don't leave me all alone now I'm here, I'm 100 if you ever gonna take me there But I'm not there, what you're saying? Because I need time to know Girl, you gotta let me know which way to go Because I need time to know I need time to know Tell me baby girl Because I need time to know I need time to know I need time to know, I need to know Tell me, baby girl, cause I need you to know Don't leave me, I need to know Tell me, baby girl, cause I need you to know, I need to know, I need to know Tell them they're baby girl, cause I need to know It's true, leave me alone, I will be here I wonder when you're here, we're gonna take me there Tell them they're what you think, cause I need to know, I need you to know I need you to know, I need you to know Tell me baby girl, I need you to know When this is true, give me all the love I need One thing you feel, you're ever gonna take me there Tell me what you feel, you can't take me Tell me girl, I need you to know I need you to know, I need to know Tell me baby girl, cause I need to know I need to know, tell me baby girl, cause I need to know I know we said we give up that we had enough Again, again, again, again, but you You're always on my mind Like this all the time Say it's because you're mine, oh mine And if you will Try to let it go I'll try Try to let it just go away because love is here to stay Just hold me in the eye When I say enough There is no living and there is no giving up in the end I can't speak there are lots of things The fans instead is strange Forgetting and I can't and I can't Do what I should try to see busy Your face is all I see I can't, I can't, I can't but you You're always on my mind Take this all the time Say it's cause you're mine, oh mine If you will, I will Try to let it go And if you try, I'll try Try to let it show us the way Cause I'll be here to stay Just look me at me, I had this just to work out Gonna play and I just die and I There is no giving in, there is no giving up Gonna love, oh, oh, oh Like a movie I won't stop In the darkness And you're going to feel it, you're feeling it When you call my name It's where you feel the same Because if you win, I you win Try to let it go Let me try, I'll try Try to let it go I'll if you win, I you win Try to let it go I'll if you fall, I'll try, I'll try I tried to let it, it's all so late Cause now they're here to stay, there's no me and me I, this is the world's life I'm not saying that, do you say I am not? There is no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's no giving, there's I'm gonna be there. I'm gonna be there. I'm gonna be there. I'm gonna be there. I'm gonna be there. Every and every Every week and I every live to get room in perfect harmony Side by side on my piano, keep us all lost, why don't we? We all know that people are the same wherever you go. There is good and bad in everyone. I'm going to learn to live you I Oh, we all know that people are the same wherever you go. There is blood in back in everyone. Herbs and limbs when we learn to give each other what we need to survive. Together alive, ever me, and I've agreed to together in perfect harmony. Side by side on my piano, be boy, oh Lord, why don't we? I'm not going to be alone, I'm not going to be alone. I'm not going to be alone, I'm not going to be alone. I'm not going to be alone, I'm not going, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm I believe, I believe, I believe Perfect, I believe, I believe I believe, I believe, I believe Perfect, I believe Get a load of me, get a load of you Walking down the street and hard to know you It's just like we were meant to be Holding hands with you when we're out at night Got a girlfriend who's safe isn't right And I've got someone waiting to This is just So Why can't I speak when I talk about you? It's not a blow, it's back down, we're gonna get down to it So tell me why can't I breathe when I speak about you? I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm a man, I'm with you too. It's an inch we know we're gonna scratch gonna take a walk for this take to hash. Wouldn't it be beautiful? Here we go we're at something anyway, just like my hands really. Why can't I breathe? Would it rather I think about you? Why can't die free whatever I think about you Why can't I speak whenever I talk about you It's never bold, it's like that's gonna get down to it So tell me why can't I breathe whenever I think about you I was a human when you made me wonder Where it's going I was up when you were holding me in the rain Something flowing out in the wind and the storm And feeling behind the night I'm dying Why can't I breathe whenever I think about you? Why can't I speak whenever I talk about you? Why can't I breathe whenever I think about you? Why can't I speak whenever I talk about you We're laughing about you, we're laughing about you, we're laughing about you, we're laughing about you, we're laughing about you I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. Woo! Woo! Woo! Woo! Woo! We gonna try to sing the song we're going to sing We'll be going to sing the song we're going to sing We'll be going to sing the song we're going to sing We'll be going to sing the song we're going to sing We'll be going to sing the song we're going to sing We'll be going to sing the song we're going to sing We'll be going to sing the song we're going to sing We'll be I'm trying to make it to the base, even the edge here and we've got the moments here. Boy, yeah, the boy can play, dedication, the portion to tune it all the night, time, and it again. We're so about to see the world, the world, the song about the night. Let me do the work, do the work, work, and it can do the work. Um. Oh, yes, I'm rising. I don't know what time it is. I guess I could look at my watch. At 10.35 p.m. the City Council concluded its closed meeting to discuss appointments to boards and commission and discuss acquisition and deposition of certain real property for public purposes and for consultation with legal counsel for legal advice. So just before you leave I I just thought of something. I'll send you a desk view. I move that each of us certify that the best of each council members knowledge on the public business matters lawfully exempted from the open meeting requirements and the Virginia Freedom of Information Act and only public business matters identified in the motion convening the closing of her discussed or considered all council members in favor of the certification motion. Please signify by voting aye. Opposed? And it passed unanimously. That now brings us to agenda item number 16, comments by the City Council, Mr. Resmuslin. Thank you, Mr. Mayor. I will be appointment of Mary Confer to remain for the first meeting. The meeting through July 23rd, 2008, for the Human Services Committee. Second. Moved by Mr. Resmuslin, seconded by Mr. Servethan. All in favor of the motion, please signify by voting aye. Aye. Opposed? And a passing annals to Mr. Cremefield? Thank you, Mr. Mayor. Just one quick item. The ninth annual fall book festival kicks off Sunday, September 23rd. It a number of venues throughout Northern Michigan to include Loudoun County, Arlington here in the City of Airfax. Of course, at the main campus of George Mason University it's an exciting time for kids to go out and be involved in reading. Mr. Silverthorn, you wouldn't particularly be excited to go out and do that, but for more information, you can either go to our website or the fall for the book.org website and we encourage your participation. Thank you. Ms. Cross. Ms. Soforthearn. Ms. Murr, thank you. I thank you. And no, I'm not through. In fact, I know I was thanking Mrs. Cross for no comments, not you. I was just going to mention that, you know, any time Mr. Griebfield wants to read to me, I'd be delighted to have that opportunity. He certainly preaches enough to me. Mr. Mayor, the only item I have this evening, and this side, it's sent an email to the council along this after Ms. Bohan had sent one to the council some time ago, just about some of the challenges we're having with our wireless community. And I have come to the conclusion that for two reasons, one, obviously that we're having some challenges and cities now are starting to show some of the same challenges with actually formulating a wireless network in their communities because of the lack of either infrastructure or the lack of vendors willing to supply the infrastructure, some of whom have gone out of business, or even changing technology is an issue right now. We're seeing that the technology is moving even faster in some cases than jurisdictions can keep up with. I think based on that, Mr. Mayor, I am going to recommend this evening and I suspect there won't be much in the way of objections, but that we pause. I don't wanna say pull the plug, so to speak, but I wanna say pause because I think that this opportunity is gonna come back to us. And we're going to have an opportunity based on both probably economies of scale and cost benefits and also changing technology that will be better than what we have today to do this. I still would like, though, for the staff to come back to us and I think that this is something that they probably already have in the back of their folders in some capacity, but with some costs about public buildings, meaning our schools, all of our schools are public facilities such as our community center or their current community center or any potential future community center, or a city hall and perhaps even our major parks. I think that there are some benefits to doing that and I think that that can be done in a very cost effective manner. But again, I would ask the Council's indulgence there just for the staff to come back to us with perhaps some costs. But I think for now in terms of a community wide, wireless system, I think that we're showing that there's gonna be a more difficulty in getting that accomplished than we had initially thought. So I would just, that would be my recommendation on asset we pause and if Council would like to have further discussion about it, we could do that or we could do it offline. Thank you. Just line. I know comments. Mr. Mayor. Yes, what are. Thank you. I've got a few. Sorry. Thank you. I've got a few. Sorry. I would like to get a letter from the Muscular Distrophy Association and I'd like to congratulate the City of Fairfax firefighters. They did the Phil LeBoude campaign again this year over Labor Day. They raised $61,000 in three days in 2006, 15,000 had been raised. So that's quite an accomplishment. And I've had a couple requests since this is our first meeting back since our break. I had some requests in August about from some seniors asking if it would be possible to televised the firework that Fourth of July and I saw it today that we in our packet we had a letter from Mr. Moore with that request and I was just curious if staff could follow through on that just to see if that would be a possibility. Third thing, Katie Baxter, a gig in coming tonight and talking about Blenem. I am in that neighborhood and not to be a NIMBY, but I was also shocked on the clear cut. From what we saw in the pretty pictures, the specs, it appeared that there was going to be some trees left. And it is truly a clear cut from up on Lee Highway, on Old Lee Highway, probably back six lots. And even I am very, very corner. And I saw the telltale sign of smoke coming out of a Earth moving machine this morning. So I would very, very much appreciate staff staying with that and maybe looking at, because they were cutting today still. And here, it's not a pretty scene. And then the fourth thing, I'm- Mr. Winner, just before you leave that subject, I would certainly hope Mr. Sissin and I, look, I was a big supporter and a big supporter of the interpretive center, so this is no reflection on that, but holy smokes. I mean, they basically cleared that thing from holy highway, all the way back to the back property line. I do not understand that. But I sure feel a very, very strong obligation that we need to move into action right away to talk about the replacement, what we're going to do in a huge substantial way. And I think we're obligated to spend some substantial money. I don't know what was included in the plan, but I don't get where every other development that we require, everything the city's done has been so sensitive to maintaining as many trees as possible. And it literally looks to me like somebody got in tractor and went from one end to the other on the whole quarter of the west side of of Blenheim. It's certainly not something I anticipated and think I followed that process pretty quickly. But you know, I think it's so ironic that we spend so much time protecting historic properties, but we're a tree USA city. And in this case, spent zero time and trying to get in there and protect trees that should have been protected. So. I'm just not thinking. Well, yeah. We've been through it. Yeah. I drove the yesterday. I didn't see any other trees to protect, but certainly I would hope. Dr. Martin's supposed to be watching this on our behalf and my feeling is he did a poor job. Well, I think they're following the plan. The site plan that was approved. I know that there is a very large drainage structures. You've seen the cement pipe that's in there and that goes right in that area. And also the driveway is going to be shifted to the site plan because it never came down. You're saying council approved a site plan and it was all in there right but But there were Right Where's that water going to go? Is that going to go down? Holy highway is that coming across here to explain and it's hiding somewhere there? I need to check. Yeah, Mr. Summers know where they're taking the water. It ties into a existing storm sewer network. Wait, wait. Okay. Which means, well, there's pipes right out of West. For example, that come under old Lee Highway, at the sidewalk there in the Mr. Higgins yard. So, you know, Well, here's what I would, Mr. Rear, on the site. Right. Here's what I would suggest is, A, can we get the site plan and the council approved distributed to all of us? I'm certainly big enough to say if we blew it, we blew it, but I'd like to see that. And then I think more importantly is, what are we going to do about it? And I still feel strongly that we need to go find a way to put back is mature and dense replacement of trees as possible. There is a substantial sum of money for reform stations. Well can you get that all to us so we can look at it? I think we're obligated to get together with the community and have them once again look at it and make sure they feel comfortable with what we're doing. Even having a follow-up outreach in a month from now, so that people can come in just a little bit. It's dramatic. Mr. Restman. And then it comes. As a piece of that, we're going to be going into another big construction project when we do the Stafford fields. and there's going to be a lot of stuff Move there dirt and trees and it would be good for us to see up front what that plan looks like Before the bulldozer start moving in So I would ask the staff to make sure that we all get that And then I'd one more thing Tonight when they were presenting the bank, the first presenter kept saying the idea of lead, which I believe it means leadership in energy and efficient design. And that's come up quite a bit down at cog. And I've, in talking with staff and then talking with other jurisdictions about this lead policy or this lead effect, Fairfax City, we haven't been doing very much at all if anything. And so any, I would propose for us to look into it a little bit more so that any construction that is done is done in a 21st century mode. I mean the interpretive center should be a lead under lead construction. And my get I don't think it is. And that's pretty sad for something being built now not to Not to go under those guidelines and I remember when we were we were talking about downtown I I Suggested at one point for green design and at one point for green design and not knowing this lead acronym. And I remember them coming back and they said, well, we gave you a green roof. And I thought, oh my goodness, that is not what I meant at all. Yes, there's a green roof, but it was not the color. It was a design. So our downtown is not lead effective either. So I just that that needs to be looked at for any future building. It's irresponsible not to thank you. There is so with her. I just want to concur with this one or I think she raises about a point about building design. The only other thing that I will add, and I support that. The only other thing that I will add, however, is that the point about not doing anything, and I know she's speaking specifically about buildings, but I think we have a great record in this community dating back to the foundation of starting of our Cuba, to the Tree City USA designation, et cetera, where we have actually done more in terms of green policies as a community, then Fairfax County, Arlington County, and everybody else. We actually led the way in many ways with some of our policies 30 years ago, long before, this was even popular or even a notion of what acronyms and everything else stood for. Bottom line is there's more to be done and I- We have to look at our buildings. Absolutely, and I support that effort, but I do think that it's a, I don't want to lose sight of the fact that we've done a lot over the years as well. Thank you. Thank you. Thank you. Thank you. The only point issue that I would bring up and I had this dialogue with Mr. Sisson and what struck me, I think we all got a copy of an email where Falls Church did a tour of our downtown area yesterday to kind of see how we were doing things in our police departments and stuff. And I mentioned to Mr. Silver, Mr. Assistant that I haven't, and I don't think we collectively have even been given a tour of the downtown. I have not been in the new library. I haven't had a tour of the new construction site. And I suggested to Mr. Assistant we ought to try to get a date here in the near future where council either individually preferred collectively out of get a hard had tour of both the downtown redevelopment and the library. A lot of people evidently have gotten into the library because I hear all kind of comments it didn't happen to be me and I don't believe members of the council. So if you could, Mr. Sissin, try to organize either individually, collectively, so we can see both the downtown redevelopment structures as well as the library. Be great. Okay, I'll entertain a motion for a German. Moved by Mr. Silverthorn, seconded by Mr. Greenfield. All in favor of the motion. Signified by voting. Aye. Opposed? Passed unanimously.