We'll go ahead and call the meeting in order. Let me welcome everybody to July 10th meeting in the Fairfax City Council. Our first order of business because we actually called the meeting in order earlier at 6.30 tonight and went into a closed meeting is for us to come out of the closed meeting. And so at 6.55 pm the City Council concluded its closed meeting for consultation with legal counsel for legal advice. I move that each of us certify that the best of each council members knowledge only public business matters lawfully exempted from the open meeting requirements in the Virginia Freedom of Information Act and only public business matters identified in the motion convening the closed meeting where her discussor considered all council members in favor of the certification motion please signify by voting aye. Opposed and it passed unanimously. At this time if you please stand for the indication which will be presented by council member Soberthorne and remain standing for the Pledge of Allegiance. Thank you Mr. Mayor. Dear Lord, as we discuss and deliberate on issues of importance to our community, help us to be guided by your spirit. May we be wise in our discernment, balanced in our judgment, fair in our decisions, and visionary in our actions. Though we may at times have different views, we should listen to one another and be guided by our common goals. May we always be mindful in our words and in our actions what is best for the city of Fairfax. We ask this in your name amen Hi, Plegged Allegiance to the flag of the United States of America and to the Republic for which to stand One nation under God individual liberty and justice for all We see it We have one very brief presentation for tonight, but clearly one of the most prized publications that we have in the City of Fairfax is the history of the City of Fairfax, which I understand was done in 1995. An organization was formed, which is called the History of City of Fairfax, Roundtable Incorporated to oversee that, to sell those publications, and to develop the revenue stream from it. And at this time, I'd like to call on Jack Rust, who is the chair of that organization to come forward and make a presentation. the chair of that organization to come forward and make a presentation. Thank you very much for having me up. You know, about 10 years ago we actually published the book that began in 1995 and it was originally done as a charity event for the Chamber of Commerce Margaret Kupatrick Adam scholarship and for historic Fairfax in the Fairfax Museum. We were able to sell a number of books, and we were able to make an initial contribution to everybody to $10,000 each. We're in an out of position where we can bring that again. And so we have two big checks tonight that we wanted to pass out. One is for the Scholarship. Joe, if you want to come on up, this is Joe Adams. And this is a scholarship in his wife's name. Oh. There's your, that is the $10,000 for the Morgan Kilpatrick Adams scholarship fund. Joe, come on out from the podiums, or you'll see that. And then, Karen, come on out. This is for the museum and historic Fairfax. It's another $10,000 check for historic Fairfax for the museum. So we're very pleased that we've been able to provide some money for the charities in Fairfax setting. We think the book was a good product, and we're great. It's still selling. Thank you, Mr. Mayor. Thank you. Thank you. Thank you, Mr. Mayor. Thank you. Thank you. Thank you, Mr. Mayor. Thank you. Thank you. Thank you, Mr. Mayor. Thank you. Thank you. Thank you. You're welcome. I'm going to go ahead and get a little back on. I have a question. Thank you. Take it again. One, two, three. And let me just say to you and your group on behalf of my colleagues in the community as a whole, it's a wonderful publication for those who may not have it. We're all quickly, let's put it in a commercial. Where can they purchase the? The museum is for sale at the museum and you can go there and purchase it. At the museum, if you live in the city of Fairfax, or have an interest, you really, it's a must-read publication. And both of your fine organizations, certainly congratulations. And we know, and I'm sure the committee knows that the money will be well spent. So thank you all. Thank you all very much, Bridget. I'm going to be actually okay. Okay. Thank you. You're welcome. Good. Okay. That now brings us to gen and I item number four, which is any item or presentation by the public and any item that is on tonight's agenda, but does not call for a public hearing. If you hear to talk just about agenda items number seven, a that actually that opportunity will come up in a few minutes, but any other item that is on tonight's agenda, but does not call for a public hearing. Nobody is previously signed up with anybody like to address the City Council. Mr. O'Dell. Cheerio Dell, 3920 Redwater Street having just gotten these documents. I have nothing new to add and this one reminds you basically what I said on this subject last time. I raised the question of why you are contemplating a rate of 6.81% or 5 years or 7 years at 6.87%. You could get a lower rate with a mortgage. Maybe you can't get a mortgage for only five or seven years. But I just wanted you to state for the record, for the curious, and the furious, and there were some people here last time furious, had your expenditure as much money for that property, especially considering that Perfex County just renovated it. Timings, everything, well, purchasing something, right after it's been renovated, it is not good timing. I'm talking about item eight, A, you may have guessed. Seven A, it's partner will be the subject of a public hearing where I will probably be equally incoherent but I like to ask you why it is you're so sure that if you don't buy this property, it's being vacated as a school by the Fairfax County School System. Why are you so worried that something else will be there? If it's city property, and I can't tell you that it is, but if it is, then the city already have control over it. And wouldn't the county that the city already have control over it. And wouldn't the county have to have a zoning change or if those things occur left and right all day long without any reason or rationale. But why can't you just live with the assumption? This might be a softball, but tell us why you can't live with the assumption that it will stay zone for its present purpose, even though nobody intended to occupy it for educational purposes. Maybe while you're at it since it's been renovated, maybe you could grant this cross or wish to tear down Lesmar by substituting the school street property. This has already been renovated. Yeah, about that. Well, that's enough rambling for one day or for one. Thank you, Mr. Adel. Anybody else in the audience like to address the city council? Harry, now we'll close the genie number four and move to the adoption of the agenda. Move by Mr. Silverthorn, seconded by Mr. Rasmussen, any discussion? All in favor of the motion, signify by voting aye. Opposed and a pass, an emergency approval. The consent agenda, Mr. Greenfield. Thank you, Mr. Mayor. I move adoption of the consent agenda for agenda item number 6A, introduction of an ordinance, granting an eas across picket road to Motiva for an additional five years to be used for the remediation system. Jet item number 6B, introduction of supplemental appropriation and the amount of $198,000. $198,749,000 for recent grants for Bollenham and private donations through Historic Fairfax City Inc for the Fairfax Museum. Bollenham and Graham House Cott, and Agenda Item Number 6C, Consideration of a Deed, Trail easement, Maintenance Agreement, and Financial Agreement between the city, Country Club Heels Recreation Corporation, in Northern Virginia, Conservation Trust, to form lines of public trail easement across Country Club Heels Recreation Corporation property, and for Agenda items number 6A and B, and moved to the first reading instead of the public hearing for July 24, 2007. And for Agenda, number 6C, I moved to approve the suggested motion in the staff report. Second. Move by Mr. Greenfield, seconded by Mr. Silverthorn. Does anybody wish to object or abstain from the handling of any of these items on the consent agenda? Mr. Rasmussen? The object is 6C. Okay, 6C will automatically come off the consent agenda. Does anybody else have any additional comments? Harry Nguyen, all in favor of the approval, the consent agenda regarding items number 6A and V, signify by voting aye. Aye. Opposed and a passed unanimously. That now brings us to item number 6C, which is the consideration of a deed of trail easement, maintenance agreement and financial agreement between the city, country club hills,, maintenance agreement and financial agreement between the City Country Club Hills Recreation Corporation and Northern Virginia Conservation Trust to formalize the public trail easement across Country Club Hills Recreation Corporation Property. Staff report? Thank you, Mr. Mayor, members and council. The City currently maintains three trails on the Country Club Hills Recreation Corporation property. And for a number of years, the city has maintained those trails and has been working with the Country Club Hills pool to actually formalize an agreement going forward. As part of this agreement, the city is offering as part of this agreement in front of you to pay $20,000 to the pool or the use of those trails or an easement on those trails for 20 year period. And the agreement also stipulates that it would be automatically renewed every five years thereafter at a cost of about $4,000 or $4,000 plus inflation for five-year period, equating to about $800 a year in the future, provided that both parties agreed to continue the with the trail easement agreement. And so we are bringing this forward for Council consideration for approval. Questions to staff, Mr. President? Yes, thank you. The question was raised about the possibility of doing a condemnation, as we've done on other trail easements. Has that been discussed at all? Well, it has been considered this, in this particular instance, we had not really pursued a condemnation because the poll was also interested in entering an agreement with the city. And we can go through this process and come to an agreement without actually condemning the property. There's also a question as to what that cost would be if it was condemned as opposed to the cost that we have come to an agreement to or the easement for a period of time. Okay. Thank you. Other questions and staff? If not, I'd like to entertain a motion. Ms. Lyon. One question just quickly. I'm not in favor of condemning any of the property there, but I guess my question would be that we didn't carry through was how much that usually costs us quite a bit when we get into the condemnation process. And so legal fees and those things, would that be more than 20,000? We have gone through the calculation and it is a range because you do not know or fact how much that would be, but it could be two to three times greater than 20,000. Thank you, thank you, Mr. Mayor. Other questions of staff? If not, still entertain a motion? Mr. Mayor. It's fine. Give me one second here to get there and I'll be happy. Okay. Mr. Mayor, I moved to adopt resolution of proving the deed of trail easement, maintenance agreement, and financial agreement between the country club hills recreation corporation and North Virginia Conservation Trust and the city for a trail easement across the portion of country club hills recreation corporation's property to provide use of trails as well as public access access to Daniels Runpark and other public amenities. Second. Move by Mrs. Lyon, seconded by Mrs. Winter, any discussion? Mr. Asmoson, thank you, Mr. Mayor. First of all, I want to acknowledge the hard work that Mr. Hodgkins and Mr. Sissin have put in on this effort over, I guess, a three-year period. So I reluctantly oppose this. But I don't think this is a good deal for the citizens of the city of Airfax. We're paying $20,000 a year for a 20-year easement. No, it's $20,000 total. I'm sorry, $20,000 total for a 20 year easement, which means that we're going to be back at the end of that period paying more money on an ongoing basis forever. Yes, it might cost us more money to condemn it, but I think that would have been the thing to do. I don't particularly feel that the recreation association is being a very good neighbor. Thank you. Any other comments, Ms. Lyons? Thank you, Mr. Mayor. Well, I cordially hear your argument there. Mr. Rasmussen, but I have to say we've been working very hard at this. I think for many years, Country Club Hills has been a good neighbor. They've helped pick up all the trash that are folks when they walk down into Daniel's run. They allow all the citizens and residents to use Daniel's run and use that parking lot to even park and get out of their cars and they don't tow those cars. So I have to say I think it's the right thing to do for the city to have another way to get into Daniel's run and I urge my colleagues to all vote yes for this. Thank you. Mr. Mayor. I want to colleagues to all vote yes for this. Thank you. Mr. Mayor. Tell me to see Mrs. Winner to do is the second arrow. Okay, Mr. Sovrithar. Mr. Mayor, thank you. I'm Mr. Rasmussen who is the term reluctantly. I feel the same way, but I'm probably on the other side of reluctantly in the sense that I reluctantly support it. I think $1,000 is a small price to pay annually for the use of this trail. I know that the staff, as well as the recreation corporations, put a lot of time and effort into coming up with a solution that was a win-win for not only the Recreation Association, but also the city. I will also say, however, very candidly, that my concern remains, and I've said this before, even when we offered free water and other pennies to our three existing pools that they're all living on borrowed time. And they need to find more creative ways to solve their financial difficulties. This is a small price to pay, and if we're looking at a thousand dollars annually for 20 years, for 20 thousand dollars compared to some of the other benefits we've given. And this is very, very small to get these to offer a little bit of help and keep these pools afloat and open intended. I do think, however, that there is a larger issue still, which remains that with two working families, two parents working in a family and families being pulled in many different directions. Pools are just not at the same level of popularity when Mr. Greenfield and I were growing up and so forth. So I do think that they have ongoing challenges. This will not solve them, but it will help and it's a small price to pay to do so. Thank you. Any other discussion? Ms. Cross? Any other discussion, Miss Cross? It may be a small price to play, but it really isn't about the money at this point. It's about the principle behind payment of this sort. I endorse what Mr. Rasmussen had to say, I feel a bit as if we're not getting a cooperative attitude from the pool folks. As I went through the packing, I listed here the responsibilities and we have undertaken all the mowing. We install and maintain the trash receptacles weakling. We maintain the trail surface. We install, we will have agreed that we would install and bear the cost of three security lights. We will maintain the pedestrian crossing bridge, which I understand is about $60,000 replacement fee. Crossing Bridge, which I understand is about a $60,000 replacement fee. We provide water in the amount of about $3,000 a year. We provide trash pickup for about $800 a year, and the pool enjoys the tax exempt status. And now we're asked to pay $20,000 for a very small right of way so that the citizens of this city can get from, can get over into the Inus Run Park. I am opposed to the idea that we should be having to pay anything for our citizens throughout the city to have to, the city should be held to $20,000 payment for a 20-year period of time to acquire this property. So I will oppose the motion. Mr. Mayor. Mr. Greenfield. It's funny, no we're kind of back and forth debating here, but I do have a question of staff because this is the, I've got it on. I can't be. We paid for all this technology. So everybody else is unbelievably hot tonight with the exception of yours. You have to speak directly into it. Can you hear me now? The trail that we're talking about is the one that runs along the tennis court, but then also the other side of the creek, the trail that ends up connecting Daniel's run all the way over to Daniel's run park all the way over to the old late in hall now Daniel's run elementary school. So it's three. It's in the two, you could say the two intersect the main trail. It's about 12,000 square feet of trail is what we would have an easement on. Through the country of Hills property. Okay, so the piece from the bridge up to the actual entrance to the park is also their property? That's correct. actually entrance to the park is also their property? That's correct. Mr. Mayor. Mr. Mayor. And I really don't like to publicly debate my distinguished colleague on the far left, but I do think it is, it's worth mentioning that this is not our property. While we have maintained it as such for the last many, many years, the fact of the matter is that we've, the citizens of our community and all of us have received a great benefit from that. So the question becomes really very simple in my mind. Do we offer them some compensation for continued use of their property for the public use? Or do we condemn it as Mr. Rasmussen has offered up? Which would cost as much as three times as much? Not necessarily, that's just the staff estimate. But I look at this as a very small price to pay, even in principle, or whether we want to debate the principle of it or not. I do think that this is someone's private property. It's the associations and their members private property. On one, thank you. Any other discussion? Okay, all in favor of the motion. We'll do a roll call. We'll signify by voting. I oppose no. Ms. Cross. Mr. Greenfield. Aye. Mr. Rasmussen. No. Mr. Soveth. Aye. Ms. Laine. Aye. Ms. Wiener. Aye. Okay. Let the record show it passed by a vote of 4 to 2 with Council members, Rasmussen, and Cross in opposition. Okay, that now brings us to gen item number 7, which is our public hearing, 7a is a public hearing and Council action on an ordinance to affect the financing needed for the acquisition of the 11 Oaks property located at 10515 School Street in Fair Vex, Virginia. This has been properly advertised. Staff report, please. Thank you, Mr. Mayor, members of the council. This item relates to the purchase of the Elevinox School Property, which the city has already closed on. This is the, the ordinance needs to be passed to secure our financing for the property. And the reason that we are actually, over the council, we are requesting the council to approve the ordinance is to actually, it actually allows the city to award the least financing to the winning bidder. And at this time I need to ask the public if there are any other bids for this property. And if there are none, we can continue with the winning bidder that we actually received. Any questions or staff? This is a public hearing. We'll now open the public hearing. Nobody has previously signed up when anybody likes to address the city council. Hearing none, we'll close the public hearing. I'll entertain a motion. Mr. Westminster. Mr. Mayor, I move to adopt an ordinance calling for awarding a ground lease to affect the financing relating to the acquisition of 11 oak school property located at 10515 school street for our backspirited. Move by Mr. Westminster seconded by Mrs. Cross and the discussion. I'll in favor of the motion signify by voting aye. Opposed in a passing and the annulce that now brings us to genit. I'm not going to ask any questions. I'm not going to ask any questions. I'm not going to ask any questions. I'm not going to ask any questions. I'm not going to ask any questions. I'm not going to ask any questions. I'm not going to ask any questions. I'm not going to ask any questions. I'm not going to ask any questions. I'm not going to ask any questions. I'm not going to ask any questions., you'd like to. It relates exactly to the same item it's just to approve the form of financing. Any questions as staff? Entertainer motion? Anybody, Mr. Westminster? From there, I moved to adopt a resolution to approve a plan of lease financing $4,210,000, $4,210,000 maximum to fund the acquisition of the Levin Oak School located at 10515 schools for free fairfax. Second. Moved by Mr. Rasmussen, seconded by Mr. Wenger, any discussion? All in favor of the motion, signify by voting aye. Aye. Opposed and a pass in annulacy agenda number 10, which is the approval of the June 26, 2007 regular meeting. Second. So, by Mr. Silverthorn, seconded by Mr. Rasmussen, any discussion? Mr. Mayor. Ms. Cross. I would only ask that we double check the spelling of Mr. College's name. I did not think it was college. I thought it was college. The COLLICH. That was my understanding. Thank you. Any other, with those, that will be part of an entertainer motion for approval? Already did that. Okay. With those corrections in all in favor of the motion, signify by voting aye. Aye. Opposed? In a passing anemously. Sorry for, and let the record show Mrs. Winner abstains. She was not present. The experience. I need to go back, I actually missed a gen I number nine, which is presentations by the public on any item that is not on tonight's agenda. I apologize for missing that. This again is any item that is not on tonight's agenda. First to sign up is a Shelley Vance. members of Shelley Vance. Good evening. My name is Shelley Vance and I live at 3220 Cambridge Court in Fairfax City. Do Mr. Mayor and City Council, I attended the City Council meeting of June 26th and stayed until about 10.45pm, at which time you retired to a closed session. Luckily, I watched and recorded the remainder of the public meeting that resumed after your closed session when it was broadcast on Channel 12 the following evening. To my surprise, the issue of the ball field at Stafford West came up. I say surprise because Stafford West had already come up as item 7H before the closed meeting and no mention was made of introducing a change to any aspect of the ball field. Mr. Mayor, you asked if the Sunday hours of the ball field could be changed from 10 a.m. to 5 p.m. to 12 noon to 7 p.m. and under what conditions? You did not say where this request came from. Did it come by letter from a sports league? Did it come in a casual conversation? Did it come in a public forum? Why was the issue of Sunday hours not brought up when the topic of the ball field was first being discussed that evening? The discussion that followed with one of the gentlemen on your staff was so confusing. I still don't know if you did or did not change the hours, or if you simply gave yourself the ability to change the hours at some time in the future. Mr. Silverthorn and especially Mr. Greenfield had it right when they suggested that making changes to the ball field issue at 1130 at night would look like middle of the night's Gal-Dougaree. I know you, Mr. Mayor, thought that the hot button issue with the nearby neighborhoods was whether to have the ball field at all and that hours were not of concern to us. And so you and the City Council seem to have gone ahead with some kind of change unannounced and unpublicized to the public based on a quest from who knows where. What will happen next? As summer moves into fall, will the teams playing as late as 7 p.m. then come back and say, we can't play in the dark. We need lights. And expect the City Council to make a similar change without input from the neighborhoods. Is this change of hours to 7 p.m. the thin edge of the light wedge? And will you and the City Council agree to install lights as casually and as unpubbly as you seem to have changed the Sunday hours? Thank you. Thank you very much. And just for the record, there were no changes made as a result of that dialogue or discussion. So the actions that were taken the Tuesday before stood as unchanged. Anybody else in the audience like to address the City Council? Mr. O'Dell. I wish I had a copy of the previous, immediate, previous speech. It might be good to read it to you again so that we could be sure you heard. We jack our jaws up here, and I speak now just for myself, very frequently in our seldom recognized or really listened to. The, I wanna ask the forgiveness of this council for myself, for my actions at the last meeting. I squandered the timekeeper can tell you exactly how much time in a vain effort to dissuade you from your stupid illogical decision, capitulating in public pressure for yet another ball field. That's fine. We need ball fields, but not where natural habitats are being destroyed, not at that price. Consequently, I did not get to give you because you have your wonderful limited speaking allocations that you impose With the advent of these three women on the council That limit has to 10 minutes tonight So you didn't get to hear anything about the fourth of July. And true to my often disorganized way of doing things, the speech I hear on earth afterwards, an old one from July 4, 2003 or 4, I seem to have misled. I discovered that moments before heading here, so I can't read the concise statements that destroy you by simply stating what you've done. Let me just kind of remind you, every time you write in those fancy cars, whether new or historic, and the Fourth of July parade in people go, go go go over you for your actions as city council persons. Just stop and think. Ask yourself how can you smile and wave given your actions as a councilman? Just tonight we heard Mr. Silverhorn looting to the days when he and Mr. Greenfield were growing up. I wonder when you think you grew up. It wasn't, it wasn't in the last, before the last 10 years. Do you forget that many times over maybe a year long period, six months, 18 months, back in the year 94, 95, 96? When I stood at this podium in the other building and left you, zoomed to left you, you are my boss. You are being bossed by the voters. You may choose to ignore that, but we are your bosses. You didn't just not listen to my speeches about your terrible pro choice, that is to say pro death stands, but you even walked out of the chambers I'm talking about Mr. Silverhorn and Mr. Greenfield and four others who happily no longer serve on the council. Mr. Rasmussen, interestingly enough, the little Democrat, never walked out. Maybe he has enough maturity. He is somewhat older. Right? And when I reminded you, you know, there's no need to finish the idea is to embarrass you. That's what I'm doing here. Because I didn't come back and finish another time. But I reminded that when when I gave a speech, calling to mind this subject of your immature walking out repeatedly and the mayor at the time, not this one, acquiescing by allowing you to stay out of the room until I finished my speech when in fact the choral was missing so that that wasn't illegal act. When I remind you to do of that, what did Mr. Silverthorn do that night? He came up to me and said, Jerry, I never left the council chambers when you were speaking. Like hell, you did not, Mr. Silverthorn. You did so repeatedly numerous times. You ought to be ashamed. Mr. Adela, I'm not going to allow you to personalize your comments. If you want to share some vision or insight in the past, I'm out of time. Thank you. If you want to share some vision or insight. I've done. I'm out of time. Great. Thank you. Anybody else like to address the City Council? Harry, now we'll close the public hearing. We will now move, we'll actually now recess. Our City Council meeting will move into a work session. We're actually going to just stay in this room. So we'll now call the work session item 12A on the table, discussion of a special use permit, a special exception at the request of the Fairvax Nursing Home. I'll turn this over to staff. Did you hear me? I know we have a problem with myself in the morning. Great. The proposal for front you should be familiar to Council. The applicant proposes to construct a four-story A6-A6-Center square foot building in addition to expand the nursing center specifically for the rehabilitation facilities and pharmacy units and to provide additional classrooms for training. Back in 1999, a similar application was before you, which Council did approve. And unfortunately, through the circumstances, they weren't able to proceed to construct the building and now they're back again for the application because in 2001 the actual request had the application that was approved had expired. Just to give a fresh orientation, the arrow represents the existing building as it is and the star in front of you is where the edition will proceed. To the, just adjacent to the Fairfax Nursing Center is the Fairfax Medical Building and across the street will be the surgical center and just south of it would be the Presbyterian Church. Now, there is a original staff report from 1999 attached to the Addendum that is including your packet. In their list, special exceptions have required at the time, those still stand. That includes the floria ratio, building both plain and setbacks. In there as well, there was resource protection area, which I'll go into in a moment, but the criteria has changed, so I have to touch upon that. And also what was not in there at the time was building within the floodplain. So those two items that we'll hit upon tonight. This is the proposed site plan which is in our packet, the green line represents the flood plane and the red line represents the existing RPA. As you can see a small portion of the building is located in the floodplain. Flood plane itself, the applicant's proposal, blue vision, will have a minor impact on the location that you saw in the previous slide. The applicant has begun the process for approval by the Federal Emergency Management Agency for additional letter of map approval. The applicant is requesting a special use permit to allow essentially fill in that location, which is about 150 to 200 square feet. So it's not in terms of size. It's not that much and it has minimal impact. But without the full application in then we'd get to determine the exact exact extent, but we will proceed without the public hearing in September. In terms of the resource protection area, the building, and I'll go back to it real quickly, is not in a resource protection area, however, you know, November, I believe, was December of 2006, the regulations have changed and whether you're in the RPA itself, the building addition, or in the RMA, if you're disturbing more in 2500 square feet, you have to meet the RPA reductions. So they will need an SC for that as well. In terms of that expansion to comply with Chesapeake Bay requirements, the APRA is proposed in a 19% reduction, where 40%% will be required and they are filtering the storm war from the parking lot which is a major source of the pollution. So staff is generally comfortable what is being proposed or not meeting the 40% is meeting the intent. So in conclusion the additional will have minimal impact on the surrounding properties because again, it's very similar to be original approval that has not changed and the approval valuable service that is supporting at this location and citywide. And we've got a benefit now of proving the water quality where the previous application that was approved, there was no improvement at all. With that, I thank you. Be a time. So just for clarifications, the identical proposal is 1999 when there was the only thing that changes the RPA regulation change slightly which because of the 2500 square feet Pulled it into that Exactly. That's the only change and now they're actually with because the floodplain had changed its location too from the Do very study now a portion of that building is in the floodplain. Okay questions of staff Mr Mr. Winner. How much distance is there between the proposed building and the new homes that are going in? A proper line is 15 feet. It might be a little further than that. 5-0. Yeah, which is somewhat identical to 99. 1-5. Yeah, I was going to say 1-5. 1-5. 5-0. Okay. identical to 99. One five. Yeah, I was going to say one five five zero. OK. And if we just see, yes, question. The landscaping that you see there was approved in 99 with an easement. And the idea of that landscaping that offering you was to mitigate that impact. OK, wait, in 99, there were abandoned houses there. And now there are going to be patio homes put in. Correct. Okay. We feel the same intent and same buffering will occur. Okay. Thank you. Any other questions, staff? Just line. Yeah. I do have a couple. The Fairfax Nursing Center now is also attached to two nursing or assisted living and independent living facilities out in the county. And they're just completing that, is that right? I believe so. Okay. And I guess I need a little bit more relationships if it's going to be four stories. How tall is the building in the city right now, the one that we have? I believe just under 45 feet Talked me in stories. Oh, it's about three and a half to it's about the civil size Does the fear thank you that house tonight so the fear tax nursing center right now have a pharmacy attached to it Or is it in the building next door? I think the applicant asked that question, but I think it's in the building next. Is it in the building currently? Okay, so how many beds, I'm going to ask, how many beds then will this new addition have in it? All right, there are going to be no, no, just a rehabilitation. Yeah, it's rehabilitation, expanding the pharmacy and classroom training. Okay, and the classroom training, that will just be a tent that will work with the folks across the street and will also be drawing students from GMU. Is that the training or is it just for the folks that are in the Fairfax nursing center that are working in the nursing center? Here's what we're going to need to do because we're going to have to get you the microphone. If there's no objection from council, what I'd like to do is invite the applicant to the microphone as well. And most of this is just so that the television can hear you. And then if you'd like to add additional comments, we'll certainly give you that opportunity as well. Please, if you'd repeat your answer that you just gave. My name is David Pritz on the administrator of Fairfax Nursing Center. Our classroom addition is for in-staff training and we have students come in from NOVA, George Mason, and they do their rounds at the nursing center as well. They're clinical rounds. Okay, so you're drawing from a full community of different students from different families. Fairfax County School of Practical Nursing, the whole. And then I have another, I do have another question. I'm not sure if it's a staff or two, but why was the, since it was approved in 1999, how come it did not proceed? Was funding, it was funding at the same time was when we were Building the gardens at pharaoh switches the facility you were talking about our assisted living in the county So funding shifted to the gardens and you're right in the middle of right now doing the independent living correct And so how will that change I mean did you get more funding or donations? Correct. And so how will that change? I mean, did you get more funding or donations? Well, funding is no issue with this addition. There's no issues with this addition. So it would just go through so this wouldn't come back to us again. Okay. Thank you very much, Mr. Mayor. Please. Sir, I'll see. Sir, is this make you a CCRC? Possibly. It has not been approved by the state yet. But we do have that we will have that for you. So that you have a continuum of care. Correct. Okay, thank you. Let me just ask why you might want to stay at the podium and see if you have anything additional you want to add to it. But Mrs. Cross, did you either start the outfit? Well, I think about the proximity of this proposed building to the patio homes that are going in next door. What are you going to do to, and I see a certain amount of landscaping here, but I would think that the facade of this portion of the building that is directly next to this new housing area would be of interest to those of us concerned with providing a nice atmosphere for these homes. Yes, I'm Sarah Hall, we represent the applicant. A couple of things in addition to the landscaping which you mentioned, the staff had recommended that the side be changed a little bit. They said they had a snaggle tooth effect of the windows. So we have taken care of that. So it looks more residential. There was also a glassed in a stairway and they request that that be filled in so that it won't be the light going through there. We think it's small enough and the way the patio homes are situated, mostly it's parking lots next to it and then I believe it's a side of one so it's enough. It's in a good place for that and we think that the landscaping in the landscape is more the landscape and it'll be on this property will be more than sufficient. I recall that you have a number of trails and walkways through throughout the property for patients staff, is this going to be, will that be added to the addition of this building or are you gonna lose some of that? No, we won't lose any of that. And staff has requested that a trail easement be granted to the city and that will be done. Can you show it? Yeah, I'm listen to this one. There will be granting an easement that will run approximately at this location and be linked into the proposed future trail as well on the other side. There was a trail that exists here, we thought so, I think Shell existed here. This is actually an asphalt trail with no permanent easement to the parking lot for a parking for the facility, but not a trail easement for access and recreation. So it will help the trail network in the long run. Right. Are we going to pick up any additional trails as a result of this easement? I will help for future. And this end this, I, I, at point where we have the funding to, to continue to pick up trails, this will be constructed. At some point in time, we were trying to connect the downtown, old town with the trail network that goes as far west as, well, way past the press withterian Church and into the people's race on west. And you foresee that this is going to be a little easier. This is part of that link. Terrific. Terrific. That's all that happens here. Any other questions of either staff for the applicant? Mr. Restman? Thank you, Mr. Mayor. Is this of the applicant? Well, no, I'll start with the staff, I think. Okay. They have to, we have to grant a special exception for the side yard setback. Correct. And you said it was 15 feet. What is the requirement? 25. 25. And then on page 15 of the staff report, there are two special exceptions. I am assuming dealing with a side yard. One is the side yard angle ball of plain requirement. And the last one is the modifying the landscape screening. And can you or the applicant explain what's going to, particularly in the last one, what's going to, particularly in the last one, what's going to be done differently under that special exception? Actually, the special exception here was to be done in what was approved back in back in 1999, which was the, I think we called it, down a type C buffer. I should have been located, and I apologize in here. But essentially, it's a double level of evergreen trees that will be located within that modification on that platform. And then a question for the applicant, and that is, have you met with the owner of the adjacent property? Yes, we've been in communication with the owner of the adjacent property. We have been trying to sketch this supposed to be tomorrow and he, as they have to be deferred until next week. But we've tried very hard to do that. We certainly dealt with the previous over the Higham bottoms when the earlier application went through. And of course, they're the ones that granted the 10 foot landscape easement. Thank you. Thank you. Thank you, sir. Any other questions of either staff or the applicant? Harry, not obviously this is just the work session. I assume that it will be scheduled for a formal hearing in September. Does that what I heard you say? Okay. Thank you for coming tonight. Okay, that will now conclude our work session and we convene the regular meeting of the City Council. I move the City Council convene a close meeting under Section 2.2, 3711A1 to discuss appointments towards the Commission Section 2.2, 3711A3. The Court of Virginia discussed acquisition and deposition of certain real property for public purposes and under Section 2.2, 37701, A7 for consultation with legal counsel for legal advice. All council members in favor of the motion please signify by voting aye. Opposed? I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. Thank you. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do it. 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I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. Okay. At 8.29 p.m., the City Council concluded its closed meeting discussion appointments, the Board's in commission, discuss acquisition, and deposition of certain real property for public purposes and for consultation with legal counsel for legal advice. I move each of us certified the best of each council members' knowledge. Only public business matters lawfully exempted the open meeting requirements and the Virginia Freedom of Information Act. And only public business matters identified in the motion. Convenient to the closing meeting, we're heard discussed or considered. I'll council members in favor of the certification motion. Please signify by voting aye. Aye. Opposed? And it passed unanimously. That now brings us to appointments to boards and commissions. Mr. Mayer. Mr. Mann? Mr. Lien. I move to adopt Robert Schoen for a three-year term extending through August 29, 2010 to the Fairfax Alcohol Safety and Action Program Policy Board. Second floor of action. Five, Mr. Lien. Second, up, I'm Mr. Semitarn. All in favor of the motion, sitting to five by the voting aye. Aye. Opposed? And it passed, you now, Mrs. Winter. I move to a point, David Bauer and Joseph Harman, to the Park and Recreation Advisory Board, for a three-year term extending to September 1, 2010. Move by Mr. Winter, seconded by Mr. Silverthorn. All in favor of the motion, signify by voting aye. Opposed? And a passionate anemonecy and obviously we'll go ahead and promote the opening on the Board of Art, Protection, or review. I removed the turn. Let me. Let's just say it. There's comments by Council. That's okay. Comments by Council, Mr. Winter. Sure. I would like to congratulate and thank everyone who was involved in the Fourth of July. Festivities this past Wednesday. It went off flawlessly and also want to thank, oh, let's see, the fire department and Andrew Wilson for their vigilance in stopping the fireworks when they looked at as if it was going to be dangerous to continue. But the weather cooperated and I think it was the biggest crowd we've ever had and everyone just did an outstanding job from the very top to the everyone just did great and I want to thank them. Ms. Lian? Well thank you, Mr. Mayor. First I would like to thank Beverly Myers who was head of the Parade Committee this year because I think she did an excellent job along with the rest of the committee but really truly I saw her the day after and I was surprised she was walking anyway, so thank you for when I did have a fabulous time at the parade and the fireworks were great and I hope that to continue that tradition every year Thank you, Mr. Mayor. Mr. Mayor, thank you. Let me echo the comments first of all on the parade and the festivities. I mean, we're very fortunate. And I know that this was Mr. McCarty's first year as well. And he, I think, was equally as pleased as we all were to see just how smoothly this operation runs. And as much as we've been accused of Googling from our convertibles this evening, I was only doing that at Mr. Greenfield's baby who was who was fighting in the back of his convertible with him. But let me just also say that you know the governor was with us that day and I think it's worthy of repeating for the public's benefit that the governor mentioned how many parades he attends on an annual basis and he made public that this is the best parade anywhere in Virginia. So I'm pleased that he shared that with the crowd and certainly something that gives us bragging rights. And I'm sure he'll appreciate you publicly stated. Absolutely. Why not? And then finally, one other issue, Mr. Mayor, and I know this is a sensitive subject that continues to come up about ball fields. But you know, the challenge we've had here about the number of emails we've all gotten about ball fields. And I know that some of us have gotten emails saying, you know, you're not answering my questions and emails the way I'd like them answered, et cetera. And as many people on this diet know, we have learned over the last couple of years that emails are a dangerous thing and most of us are choosing to be very sort of a suspect in our emails these days and just saying thank you for your comments. We'll take them under advisement and we appreciate it. I've decided that I'm going to have phone conversations from here on out with people instead of writing emails. The one issue I want to raise however about parks and recreational activities is an article I'd like to direct to everybody's attention to, and maybe we can circulate it to the council, and the public should try to pull it up as well. Late June, June 29th in the Wall Street Journal, there was a piece on parks. And I just want to talk about one little paragraph, but the whole article focuses on this, about the challenges that cities are facing around the country when it comes to parks. And it says, but even grass and trees can be complicated. Citizens and planners across the country are getting tied up in larger debates about what a park really should be. One that often pits people who believe in peace and quiet, or the soulful contemplation of nature, against those who prefer zip lines, frisbee golf, hang gliding, etc. Exactly the kind of debate we're having in our community and exactly the kind of debate that's frankly happening across the country. The bottom line is, is that we're not unique and I think frankly it does show that there is room for disagreement and our disagreements even here on this body and in the community are echoed around the country. But I hope that the compromise we crafted, well, not perfect. The end game and the end result of the council decision was one that balanced both of those viewpoints. So anyway, again, that was the Wall Street Journal June 29th in the personal journal section. I would urge people to read it if they haven't done so yet about parking it. Thank you, Mr. Mayor. Mr. President, I say thank you, Mr. Mayor. I'd just like to echo my colleagues, comments, and thanks for the staff and volunteers. Fantastic contribution to what makes this a great community by their Fourth of July activity. It truly is a small town, best and very proudest moment of what we do well here in the city. So again, thanks to everybody. Thank you. Screen fill. I feel better. I will not miss this. Come, miss this. Miss this comments. Mrs. Cross. Just two quick things. The microphones. I know Mr. Greenfield. I had the opportunity last night that when I was flipping through my channels to stop on the planning commission and it dawned on me to night as I was listening to the comments and looking at the layout and this thing. I don't think the issue is the microphones aren't working. I think the issue is anybody who is on the left turns to the right to talk. And I noticed it last night in the planning commission and I honestly I know this is going to sound funny. I turned to my wife and I said I think I'm losing hearing in one of my ears because I happen to have this one closed and it turned out I was in it was just every time the speaker would turn to his right to speak you lost the sound. I think it's a simple looking at this. It seems like it would be a very simple solution to take the microphones on this side of the dice and put them on the right side. And just put a plug in the hole and because that's the way that they're turning. It works on this side because they're all looking to the left. It doesn't work on this side because they're all looking to the left. It doesn't work on this side because they're all looking to the right and it seems like that would be a fairly cheap quick solution. I just throw that out for... That's a good observation. We've also we're also considering just putting them right in the middle somewhere. Well that might work but I think for the ease of writing I wouldn't want the microphone right in the middle of me if they simply were just switched because we never have the problem here. It's only on this side and it gets worse as you go farther down the diet. So anyway, that's a staff issue to work out. But the only thing I would just simply say, and because it was brought up earlier, I made the comment to somebody the night of the fireworks that this was the first time in 41 years that I remember that we ever had to cancel the fireworks and middle of the fireworks. Somebody had said it happened once before and I guess the 90s, but it's rare. And we got an email tonight from our chief about it and I think we all left that night. I will say I did. I had the privilege of watching the staff make the decision and I was up there when the box blew up and when we were sitting there trying to debate whether or not we could start the firework show again, but we were very fortunate. And I think once I learned about what happened in Vienna and the four other locations the next morning, I felt much better about the decision we made the night before and I know all my colleagues would agree. But the reality is, and I think at the intent of the email, Mr. Sisson, that we got from the chief tonight was to say, you know, we're safe because we do extra things to be safe. We have a long distance between the spectators and the fireworks and I don't remember the number, but the chief said they were in spec that I think 10 times before the fireworks actually went up and the malfunction was not the safety or the layout of the display. And I think that's important to say to our community, the malfunction was because the product itself failed in Vienna. Unfortunately, it went out into the audience and in the city of Fairfax it went internally into the Gram Finali boxes which created a lot of issues. So I think the good thing is is that we are safety conscious. It's a wonderful display and a wonderful experience. I don't want citizens next year to have learned and read the newspapers what happened this year to think that they're unsafe when we got lucky. We, what happened to us was unfortunate, but we got out of their safe because the staff took the efforts and I would say to Mike who's in the back of the room and Leslie and Andrew and all the staff that they were there making the decisions. They made the exact right decisions, but because they did so much work leading up to the fireworks, we were able to make those decisions and send everybody home safe. I just think that's an important thing to put out there. With that, I'll entertain a motion for a German. Who, by Mr. Sauerthorne, seconded by Mrs. Winter, any discussion? All in favor of the motion is signified by voting aye. Opposed and a passed unanimously, meeting of the judge.