Minutes of the regular meeting of the Fairfax City Council on September 10, 2013, at 7: 00 p.m. 2

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1 City Council Regular Meeting Agenda Item # a City Council Meeting / 2/20 1 Minutes of the regular meeting of the Fairfax City Council on September, 20, at 7: 00 p.m. 2 in Council Chambers at Fairfax City Hall Annex. 3 Members Present: 5 Mayor Silverthorne and Councilmembers DeMarco, Drummond, Meyer, Schmidt, and Stombres. 7 8 Members Absent: Councilman Greenfield. 11 Presentations and Proclamations. 1 The Mayor presented Fire Chief Rohr and Ken Rudnicki, Emergency Coordinator, with a proclamation acknowledging September as National Preparedness Month. 18 The Mayor thanked Rachael Roth and Pete Dowty for their help with upgrading the City' s Cable TV equipment Presentations by the public on any item not subject to a public hearing Tim Parmly, 03 Orchard Drive, addressed the City Council and stated that he wants the 25 City to adopt an ordinance prohibiting dogs from being chained outside. 2 The Mayor, with Council consent, requested staff examine this issue and present the 28 findings to the Council at a later date. 2 Tony Hassan, owner of Red Zone Grill, addressed the City Council and stated that his special use permit for live entertainment requires a violation check every six months. He presented 32 a letter to the Council from Tina Gillian, Community Development and Planning, stating that 33 there were zero violations in the last six months Adoption of the agenda Councilman Drummond moved to adopt the agenda. 38 Councilmember Schmidt seconded the motion, which carried unanimously by voice vote. 0 ( Councilman Greenfield was absent.) Consent agenda.

2 1 2 Councilman Meyer moved to adopt the following consent agenda: 3 a, Consideration of a resolution in support of the Governor' s Proclamation calling all 5 citizens of Virginia to participate in a Day of Service during September - 2; 7 b, Consideration of a Resolution to Approve the Design Concepts for the Northfax 8 Route 2/ 50/ 3) Intersection and Storm Drainage Improvements Project; c, Consideration of a Resolution to Designate the City Manager as the Signatory for 11 Funding Agreements with the Virginia Department of Transportation; d, Consideration of Extension of Contract. to Woolpert, Inc. in the Amount of 1 5, for Engineering Services for Storm Drainage System Evaluation; e, Consideration of an Extension of.contract to RK& K for Engineering Services for the final Design of the Old Town Drainage Improvements Project; f, Consideration of the 201City of Fairfax special event run requests pursuant to City 20 Council Road Race and Road Closure Policy; 21 g, Introduction of a supplemental appropriation resolution in the amount of$ 32, 000 to 23 complete the funding for surveillance video cameras for the.cue buses ($, 000) and to 2 allocate the funding($ 20, 000) for the mobile vault for CUE cash fares; 25 2 h, of a supplemental appropriation resolution Introduction in the amount of $2, 0 to complete the funding forte Reconstruction of Route 50 from Rebel Run to Fairfax 28 Circle; and 2 w _ i Introduction of an ordinance amending Chapter 5, Article V, Division 1 of the Code of the City of Fairfax, Virginia, to add a new Section 5-5, pertaining to unlawful 32 hunting Councilman Stombres seconded the motion Councilmember Schmidt requested c be pulled from the consent agenda for discussion The Mayor called for a vote on the motion to approve the consent agenda items a, b, and d-i, which carried unanimously by voice vote. ( Councilman Greenfield was absent.) Consideration of a Resolution to Designate the City Manager as the Signatory for 3 Funding Agreements with the Virginia Department of Transportation. 5 Wendy Block- Sanford, Transportation Director, stated that this item would designate the City Manager as the signatory for funding agreements with Virginia Department of 2

3 1 Transportation. She stated that the following types of projects would still come before the 2 Council: 3 Application for project funding in order to seek a resolution of endorsement for that project. 5 Appropriation resolutions once the funding is received from VDOT. Award of contracts. 7 8 Councilmember Schmidt moved to approve a resolution to designate the City Manager as the signatory for funding agreements with the Virginia Department of Transportation. 11 Councilman Meyer seconded the motion. The Mayor called the vote on the motion, which carried unanimously by voice vote. 1 ( Councilman Greenfield was absent.) Public hearing and Council action on a request by Rosenthal Properties, LLC, for a Special 18 Exception pursuant to City Code Section to allow three ground; mounted center identification signs that identify,individual tenants at the Pickett Road Industrial Park 20 ( Sec ( b)( 2) b. 1) and to allow modifications to the placement and size of a ground 21 mounted sign ( b) on the premises known as , D and Pickett Road and more particularly described as:>tax Map Parcels 035A, 35, 33 and * Applicant requests to withdraw this,application This public hearing was properly advertised in the July and, 20, issue of The 2 Washington Times. 28 The Mayor stated that the applicant has requested to withdraw this application. 2 Public hearing and Council action on a request by the City of Fairfax School Board to 32 revise one of the conditions of an existing special use permit for a governmental use in the 33 R-2 Residential District pursuant to City Code Section 1-82 ( 2) to allow a public address 3 system on a softball field at Fairfax High School on the premises known as 3501 Rebel Run 35 and more particularly described as Tax Map Parcel This public hearing;.was properly advertised in the August 23 and, 20, issue of The 38 Washington Times. 0 Grace Peters- Alao, Planner II, addressed the City Council and stated that the applicant is 1 requesting to revise a condition of an existing special use permit for a governmental use in the R- 2 2 Residential District to allow a public address system ( PA) on the softball field at Fairfax High 3 School ( FHS). She illustrated the location of the softball field and stated that the existing permit, excluding the use of a PA system, was approved in 2000 and the current application seeks 5 approval for the construction of a press box with PA system. She stated that the distance from the 3

4 1 proposed press box to the nearest property line is 38 feet and that staff recommends approval 2 subject to the following conditions: 3 1. Development of the site shall be in conformance with the SUP proposed lighting plan. 2. Applicant shall limit lighted use of softball field to official FHS Girls Softball team 5 athletic events. 3. During placement of softball field lighting, applicant shall consult with adjacent property 7 owners. 8. Applicant shall maintain fabric screens installed on the softball outfield fence and tennis court fence. 5. Development of the softball field public address system shall be in general conformance 11 with the Press Box and architectural plan.. Applicant shall limit use of PA system on the softball field to VHSL ( Virginia High School League) sponsored events The applicant shall monitor the decibel levels on the softball field to ensure they do not exceed the testing conditions for sound and.shall keep record of the monitoring activities. Councilmember Schmidt asked how many games are played throughout the season. 18 Ms. Peters-Alao stated that there are two games per week held at Fairfax High School Councilmember Schmidt asked how the decibel level would be monitored and recorded. 23 Ms. Peters-Alao stated that the applicant is requesting ttit be monitored and recorded 2 three times per season',111taff.is requesting that ii Ymber be increased if residents complain 25 about the level. 2 Councilmember Schmidt asked if the use would be limited to the Fairfax High School 28 softball team. 2 Ms. Peters- Alao stated that it would be limited to the Virginia High School League sponsoredames or tournaments Councilmember Schmidt asked ifthe system would be used during practices Ms. Peters Alaostated that it would not be used during practices Councilman Meyer:asked if the system would be reserved only for games. 38 Ms. Peters- Alao stated that was correct. 0 1 Councilman Meyer asked if the March th date listed on # 5 of the proposed conditions 2 reflected aspects of the proposed design of the press box. 3 Ms. Peters- Alao stated that it is an attachment that the applicant provided, which was 5 included in the staff report.

5 1 School Board Chairman Janice Miller addressed the City Council and stated that field 2 lighting along the Country Club Hills side was omitted when Fairfax High School was built. She 3 stated that a press box was not requested as part of the special use permit in 2000 due to the lack of space for it. She stated that the facilities at Fairfax High School are being upgraded and the 5 funding is being provided through fundraisers and from the community. 7 The Mayor opened the public hearing. 8 Roger Rosenberger, Pinehurst Avenue, addressed the City Council and stated that his property is near the proposed location and that he supports the girls sport teams at Fairfax 11 High School. He stated that the residents, immediately adjacent to the location, have signed a petition regarding the following conditions for approval: 1. Limit the use of the system to Fairfax High School girls' softball team in uniform 1 during a regular season game. 2. The range for the decibel would fall between The usage shall be limited to announcing purposes and for the National Anthem.. The applicant shall monitor the decibel level on the softball field on an ongoing 18 basis and the level measured in center field shall not exceed 5 decibels. 20 Nancy Melmick, Director of Student Activities at Fairfax High School, addressed the 21 City Council and stated that there are two games played, on Tuesday and Friday, each week from : - p.m. to 8: p.m. She stated that there are games per season and the high school 23 administration supports the monitoring of the decibel level and would be responsible for keeping 2 track of that level Joe Esabrooks, 002 Spring Lake Terrace, addressed the City Council and stated that he appreciates the outreach the City has provided. He stated that the homes are in close proximity to 28 the field and that the approval of this item should prohibit playing music, not utilized for 2 practices ortournaments, and should be sensitive to the adjacent homes. Tracy Gordon, President of the Fairfax High School Athletic Boosters, addressed the City 32 Council and stated that the boosters would be responsible for raising the money needed for the 33 press box. She stated that equality for all games is important and the tournaments are large 3 fundraisers for the boosters Councilman Meyer asked what the cost is for this press box and announcement system Ms. Melmick stated that it would cost $ 75k. 0 Councilman Meyer stated that the entire $75k is being raised by the boosters. 1 2 Lisa Rosenberger, Pinehurst Avenue, addressed the City Council and stated that the 3 PA system would increase the noise level. She stated that the system should only be utilized for official scheduled games and the serenity of the neighborhood should be considered when 5 deciding upon this application. 5

6 1 Cathy Rollins, 00 Blackthorn Court, addressed the City Council and urged the City 2 Council to support the application and give the team the same rights as the boy' s teams. 3 Dr. Peter Noonan, Fairfax City Schools Superintendent, addressed the City Council and 5 stated that this application will provide the equity of services for all Fairfax High School students. He stated that omitting the language regarding the VHSL may limit Fairfax High 7 School' s opportunity to host tournaments. He stated that if the girls' softball team reached the 8 finals the game would not be able to be held at Fairfax High School if the VHSL language is deleted from the proposed conditions. 11 Councilmember Schmidt asked if condition # would'`be utilized if the Fairfax High School softball team advanced to the finals. 1 Dr. Noonan stated that there aren' t tournaments currently for softball but would like to have the flexibility for them in the future. He stated that there are no longer tournaments and instead the teams which advance, play the game at their base school. 18 Councilmember Schmidt asked what type of event would fall within condition#. 20 Dr. Noonan stated that it would only,be girls' softball games. 21 Councilman DeMarco stated that the language used for condition # is vague and should 23 be revised to exclude regional tournaments Dr. Noonan stated that Fairfax High School would like to host the girls' softball 2 tournament, in the event that the team advances to the finals, and use the announcement system. 28 Councilman Stombres asked if music is played during the baseball games. 2 g. Melnick stated that they had not received any complaints and that the music is played during warm- ups, prior to the game' beginning and music is played as each batter walks to the 32 plate to bat." : 33 3 Councilman.Stombres asked if they have received complaints about the music from the 35 baseball games Councilman Meyer-asked if hosting the tournaments is rotated throughout the area. 38 Ms. Melnick stated that in the past area schools could bid on hosting sporting events and 0 now the higher seed hosts the post- season game. 1 2 Councilman Drummond asked about utilizing a directional sound system. 3 The Mayor asked if the proposed sound system was the most economical. 5

7 1 Dr. Noonan stated that the directional sound was modified so that they faced the press 2 box and stands following the sound test. 3 The Mayor asked if there was a superior system that utilized technology and that might 5 lessen the impact on the adjacent homes. 7 Ms. Melnick stated that Fairfax County presented the product that they have and use for 8 graduations and other events. Councilmember Schmidt stated that the product from Fairfax County was used to 11 measure decibel level and felt that other the types of sounds systems should be explored. The Mayor asked if the type of equipment could be explored to determine which one is 1 best for the school and the neighborhood. Brian Lubkeman, City Attorney, stated that the existing language provides flexibility or the Council could add a time limit to the special use permit that would require it to be 18 reexamined. 20 Dr. Noonan stated that they would be open to exploring the technology and determining 21 which one is best for the School and neighborhood. 23 The Mayor asked if staff needed a five minute,recess, which was not taken Mr. Lubkeman stated that the word `event' could be changed to ` game' in condition#. 2 The Mayor closed the public hearing Councilmember Schmidt moved that the City Council approve the request of City of Fairfax School Board, by Peter J. Noonan, Superintendent, to revise one of the conditions of an existing special use permit for a governmental use in the R-2 Residential District pursuant to 32 City Code Section 1-82 ( 2) to allow a public address system on a softball field at Fairfax 33 High School on premises known as 3501 Rebel Run and more particularly described as tax 3 map parcel 003 subject to the following conditions: Development of the subject site shall be in general conformance with the special use 3 permit proposed lighting plan dated February 18, 2000, revised August, 2000, and 37 as revised by these conditions and as necessary to fulfill site plan requirements The applicant shall limit lighted use of the softball field to official Fairfax High School Girls Softball team athletic events only During placement of the softball field lighting, the applicant shall consult with the 1 adjacent property owners with respect to reorientation of the existing adjustable 2 lighting located in the rear parking lot at the rear of the baseball field. 3. The applicant shall maintain the fabric screens currently installed on the softball outfield fence and on the tennis court fence. 7

8 1 5. Development of the softball field public address system shall be in general 2 conformance with the Press Box site plan and architectural plan dated March, The applicant shall limit the use of the public address system on the softball field to 5 official Fairfax High School girls' softball team athletic events. 7. The applicant shall monitor the decibel levels on the softball field on an ongoing basis 7 in an effort to ensure they do not exceed the testing conditions for sound that is 8 amplified through the sound system and shall keep a record of the monitoring activities. 11 Councilman Meyer seconded the motion. Councilmember Schmidt stated that bringing equity to the sports programs is important 1 and the needs of the adjacent neighborhood. She stated that technology options should be explored. Councilman Stombres stated that the sound system and its output should be comparable 18 to the one used by the boys teams. 20 Councilman Meyer stated that he is a supporter of Fairfax High School and he is pleased 21 that this application seeks to correct the inequities between the boys and girls athletic teams. He stated that he hopes all options for the sound system will be explored and the neighbors' 23 concerns with the music playing on that system are taken into consideration The Mayor asked about the implications of omitting the VHSL language from the 2 conditions. 28 an M1ler stated ifcondition # is only applicable to the Fairfax High School 2 girls' softp: 1 e,, that then Fairfax High School.might never be able to host a tournament or utilize the soup,, system. 32 Councilmember Schmidt asked if the girls' softball team were playing in the tournament 33 if Fairfax High School could then host the tournament Chairman Miller that was correct but if the tournament was multiple games and if 3 Fairfax High School did nottadvance then the tournament may have to be relocated for the 37 remainder of the games. 38 Councilman Drummond stated that he supports equity between the sport teams and he 0 hopes that technology will allow some of the sound issues to be addressed. 1 2 Councilman DeMarco asked what condition# currently is, as part of the motion. 3 The Mayor stated that the condition replaces the VHSL languages with all Fairfax High 5 School girls' softball league games. 8

9 1 Councilmember Schmidt stated that the current condition is: 2. The applicant shall limit the use of the public address system on the softball field to 3 official Fairfax High School girls' softball team athletic events. 5 Councilman DeMarco asked if the current language includes Fairfax High School sponsoring a girls' softball tournament where Fairfax High School was not a participant. 7 8 Mr. Lubkeman stated that an argument may be made that Fairfax High School was still able to sponsor the tournament. 11 The Mayor stated that the motion should provide clarity and eliminate the need for interpretation. 1 Councilman Stombres asked how many tournaments are held yearly. Ms. Melnick stated that one is held yearly. 18 Councilman Stombres moved to amend condition# of the main motion to read:. The applicant shall limit the use of the public address system on the softball field to 20 VHSL (Virginia High School League) sponsored events. 21 Councilman Drummond seconded the motion The Mayor called for a vote on the amendment, which passed by a vote of 3-2, recorded 25 as follows: In favor, Councilmen DeMarco, Drummond, and Stombres; opposed, 2 Councilmembers Meyer and Schmidt; absent, Councilman Greenfield. 28 The Mayor called for a vote on the motion, which passed unanimously by a roll call vote. 2 ( Greenfield,was absent.) Councili.' 32 Public heating and Council action on an ordinance authorizing the City Manager to 33 execute a landscaping maintenance license agreement with Clarks Corner Homeowners 3 Association, Inc., to install and maintain landscaping improvements within a portion of the 35 City' s right-of-way with a renewal period of five (5) years This public hearing was properly advertised in the September 2 and, 20, issue of The 38 Washington Times. 0 David Summers, Public Works Director, gave the staff report which was incorporated 1 into the record. He stated that this item extends an already existing license agreement the City 2 has with Clarks Corner Homeowners Association, Inc., located at the corner of Orchard and 3 Main Streets. He stated that there is landscaping in the City' s right-of-way and this license agreement allows them to maintain that landscape area. 5 The Mayor opened the public hearing.

10 r 1 2 The Mayor closed the public hearing after hearing no testimony. 3 Councilman DeMarco moved to adopt an ordinance approving a landscaping 5 maintenance license agreement with Clarks Corner Homeowners Association, Inc., for use of the public right-of-way for installation and maintenance of various landscaping improvements within 7 the City right-of-way provided that the contract and any amendments are acceptable to the City 8 Manager and approved as to form by the City Attorney. Councilman Meyer seconded the motion. 11 The Mayor called for a vote on the motion, which carried unanimously by voice vote. ( Councilman Greenfield was absent.) 1 Public hearing and Council action on an ordinance amending Chapter 2, Article VI, Division 3 of the Code of the City of Fairfax, Virginia, pertaining to procurement of goods 18 and services. Staff has requested this item be deferred to September 2, This public hearing was properly advertised in the September 2 and, 20, issue of The 21 Washington Times. 23 Councilman Meyer moved to defer this item to the September 2, 20, City Council 2 meeting. u 25 2 Councilman DeMarco seconded the motion. 28 TheMayor called for vote on the motion, which carried unanimously by voice vote. 2 ( Councilmi Greenfield was absent.) 32 Considerationsof an award of contract to Arthur Construction in an estimated amount of 33 $ 1, 2, for the reconstruction of Route 50 from Rebel Run to Fairfax Circle David Summers, Public Works Director, gave the staff report which was incorporated 3 into the record. He stated that this is a road rehabilitation project from Rebel Run to Fairfax 37 Circle, which also includes the bridge in front of the Harley Davidson dealership on Fairfax 38 Boulevard. 0 Councilman Meyer asked when the project was to begin and how long it would last. 1 2 Wendy Block Sanford, Transportation Director, stated that VDOT has approved the 3 project and the City needs to awards the contract and coordinate the time schedule with the contractor. 5 Mr. Summers stated that the project would take between four to six months.

11 1 2 Councilman DeMarco asked if the same company will be used for this project, which was 3 used for the Rebel Run and Eaton Place project. 5 Mr. Summers stated that it is a different contractor but was the lowest bidder. 7 Councilman Stombres moved to authorize the City Manager to award a contract for an 8 estimated amount of $1, 2, to Arthur Construction Co., Inc. for the reconstruction of Route 50 from Rebel Run to Fairfax Circle, provided that the contract and any amendments are acceptable to the City Manager and approved as to form by the City Attorney. 11 Councilmember Schmidt seconded the motion. 1 The Mayor called for a vote on the motion, which carried unanimously by voice vote. ( Councilman Greenfield was absent.) 18 Approval of minutes. 20 Councilman Stombres moved to approve the special and regular meeting minutes of July 21 23, Councilmember Schmidt seconded the motion The Mayor called for a vote on the motion, which carried unanimously by voice vote. 2 ( Councilman Greenfield was absent.) Comments by City Council. ' 32 Councilman Meyer stated that Jerry O' Dell recently passed away. On behalf of the 33 Council, Councilman Meyer extended their sympathies to his church community. He stated that 3 Mr. O' Dell reminded all of everyone' s First Amendment right and he will be missed The Mayor stated that he had the honor to participate in the coin toss for the Fairfax and 37 Woodson High Schools football game. He stated that Fairfax High School won the coin toss and 38 the game. 0 The Mayor stated that there was an article in the newspaper pertaining to the Fairfax 1 2 County libraries disposing of books. He asked, with Council concurrence, to direct staff to contact Fairfax County officials to determine if those books could instead go to disaster areas 3 and to low income areas

12 1 2 3 Closed meeting to discuss appointments to Boards and Commission and consultation with legal counsel for legal advice. 5 The Mayor moved that the City Council convene a closed meeting under Section A. 1 to discuss appointments to Boards and Commissions and under Section A.7 8 for consultation with legal counsel for legal advice. The Mayor called for a vote, which carried by a voice vote of - 0 recorded as follows: In 11 favor, Mayor Silverthorne and Councilmembers DeMarco, Drummond, Meyer, Schmidt, and Stombres; opposed, none; absent, Councilman Greenfield. 1 The Council went into a closed meeting at 8: 3 p.m. and reconvened the meeting at : p. m. The Mayor and City Council concluded its closed meeting to discuss appointments to 18 Boards and Commissions and to consult with legal counsel for legal advice. 20 The Mayor moved each member of the City Council certify, to the best of each 21 Councilmembers knowledge, ( i) only public business matters lawfully exempted from the open meeting requirements in the Virginia Freedom of Information Act, and ( ii) only public business 23 matters identified in the motion convening the closed meeting were heard, discussed or 2 considered The Mayor calle'dfor a vote,:.-which carriedby a voice vote of - 0 recorded as follows: In favor, Ma or Silverthorne', and ' Coup iiinembers DeMarco, Drummond, Greenfield, Meyer, ^' Ih x S 28 Schmidt, i. toii bees opposed, none; absent, Councilman Greenfield. 2 Actions out of the closed meeting/ appointments to Boards and Commissions Councilmember Schmidt moved to reappoint Val Morgan and Donald Lederer to the 3 Community Appearance Committee for three- year terms extending through November 20, Councilman DeMarco seconded the motion The Mayor called for a vote on the motion, which carried unanimously by voice vote. ( Councilman Greenfield was absent.) 0 1 Councilman Stombres moved to reappoint Judy Fraser and Bruce Knight to the 2 Environmental Sustainability Committee for two-year terms extending through November, Councilmember Schmidt seconded the motion.

13 1 2 The Mayor called for a vote on the motion, which carried unanimously by voice vote. 3 ( Councilman Greenfield was absent.) 5 Adjournment. 7 The meeting adjourned at : 20 p.m ATTEST: Mayor City Clerk 21