city council agenda jan 19 2010

8/14/2019 City Council Agenda Jan 19 2010

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Charles C. Meeker, MayorJames P. West, Mayor Pro TemMary-Ann Baldwin

Thomas G. CrowderBonner Gaylord

Nancy McFarlaneJohn OdomRuss Stephenson

1:00 P.M. AND 6:30 P.M., TUESDAYJOINT HEARING WITH HISTORIC DISTRICTS COMMISSION

JOINT HEARING WITH THE PLANNING COMMISSIONJANUARY 19, 2010

THE COUNCIL CHAMBER

PLEASE TURN OFF ANY WIRELESS EQUIPMENT WHILE IN THE COUNCIL CHAMBER

This equipment interferes with the meetings sound transmission. Thank you.


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City Council Agenda January 19, 2010

NOTICE TO HEARING IMPAIRED:

Audio enhancements have been installed in the Council Chamber. Assistive listening devices are

available upon request. Interpreters for Deaf and Hearing Impaired are available. If needed, pleaseprovide a 24-hour notice by calling 996-3100 (voice) or 996-3107 (TDD).

A.

MEETING CALLED TO ORDER BY THE MAYOR1. Invocation - Reverend Sean Park, Charisma Church2. Pledge of Allegiance

B. RECOGNITION OF SPECIAL AWARDSC. CONSENT AGENDA

All items on the consent agenda are considered to be routine and may be enacted by one motion.If a Councilor requests discussion on an item, the item will be removed from the consent agendaand considered separately. The vote on the consent agenda will be a roll call vote.

1. 2009-2010 City Initiated Annexation Program - Resolution of Intent and 2010Annexation Report

The adoption of the Resolution of Intent item was referred from the November 17, 2009,Council meeting for next action in accordance with the approved annexation processingschedule for the 2009-2010 City-Initiated Annexation Program. Adoption of aResolution of Intent declares that it is the intention of the City to consider annexation ofspecifically identified areas and to set public information meeting and public hearingdates on the matter. No final Council action is taken to annex until after completion ofthe public hearing.

Additional information is in the agenda packet.

The four areas are Woodlawn and James, Sumerset Aces, Ph. 1, Verona Place and BroadStreet Properties, and Wade Park Blvd/I-40/440 R-O-W to be considered for an effective

annexation date of June 30, 2010.The approved processing schedule also requires adoption of the official annexation reportat the regularly scheduled City Council meeting on January 19, 2010. This must be doneto meet State Statutes which require a minimum of 30 days between report adoption andthe public information meeting date. The information meeting date is set for Monday,March 8, 2010, followed by a public hearing set for Tuesday, April 6, 2010.

Recommendation:

That upon adoption of the Resolution of Intent, the resolution for 2010 AnnexationReport is also adopted.

2. Certification of Consistency - Raleigh Housing AuthorityThe Consolidated Plan incorporates efforts by the Raleigh Housing Authority to establishlong range goals to provide affordable housing to very low-income residents. Included inthe Plan is a description of the Raleigh Housing Authoritys goals for capitalimprovements and policies that support the needs of its residents, as well as the AnnualStatement/Performance and Evaluation Report. The Housing Authority has met withagency residents, and comments and responses are contained in the report. The RaleighHousing Authority has consistently been rated as a High Performer by the Department ofHousing and Urban Development.

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The Community Development staff reviewed the request for certification and hasdetermined it is consistent with the City of Raleighs adopted Five Year ConsolidatedPlan.

Recommendation:

Approve for the Mayor to sign the Certification of Consistency with the Citys

Consolidated Plan for the Raleigh Housing Authoritys 2010 Annual Plan.

3. Hazard Mitigation Plan (HMP) - Formal Resolution of AdoptionThe State of North Carolina Division of Emergency Management has reviewed Raleighsdraft Hazard Mitigation Plan, and authorized it for final adoption by the City Council.The Hazard Mitigation Plan is required by the Federal Emergency Management Agency(FEMA) to be completed and approved to allow the City to continue to be eligible fordisaster funds in case of an emergency.

Recommendation:

Adopt the resolution.

4. Public Utilities - Utility Billing Customer DepositOn June 16, 2009, the City Council adopted an ordinance change implementing newcustomer deposit requirements to be effective December 1, 2009. At the time theordinance change was adopted, it was anticipated that the deposit changes could be doneon the current CIS system and then converted to the new CCB system when it went livein 2010. However, after further analysis of both operational and conversion issues,Administration feels that it is preferable to wait until the CCB system goes live toimplement the deposit changes. Consequently, it is recommended that the charging andcollection of new customer deposits be delayed until the CCB system goes live duringJuly, 2010.

Recommendation:

Approve ordinance to delay implementation of customer deposits until the CCB systemgoes live in July, 2010.

5. Roads Program - Resolution of NecessityThere are several street projects on the current Capital Improvements Program that arelocated outside the City Limits and inside the extraterritorial jurisdiction. Prior toproceeding with the public hearing process for these projects, it would be appropriate toadopt a Resolution-of-Necessity according to the 1983 Session Laws Chapter 272. Acopy of the proposed Resolution is in the agenda backup.

Recommendation:

Adopt the resolution.

6. Petition AnnexationsArea Name Contiguous Petitioner Acres Proposed Use

Arbor Chase Subdivision Stephen B. Eastman, Jr.,Development Companies,LLC

26.8 Residential

Roundrock Business Park &Intervening CSX Railroad

Scott D. Dawson, JR.,Roundrock, LLC

36.62 Commercial

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Recommendation:

That these annexation petitions be acknowledged and that Council request the City Clerkto check their sufficiency pursuant to State statute and if found sufficient to advertise forpublic hearings on Tuesday, February 16, 2010.

7. Road Race - South Person Street VicinityKira Stewart, representing the City of Raleigh Parks and Recreation, requests a streetclosure on Saturday, March 13, 2010, from 7:30 a.m. until 11:00 a.m. for a road race.

Recommendation:

Approve subject to conditions noted on the report in the agenda packet.

8. Temporary Street Closings8.1 400 Block of Fayetteville Street

Brandi Barnhart, representing the Downtown Raleigh Alliance, requests a streetclosure every Wednesday beginning, April 14, 2010, thru October 27, 2010, from6:00 a.m. until 4:00 p.m. for a the City Plazas Farmers Market.

In addition they request a mock set up day on Wednesday, February 10, 2010.

Recommendation:


8.2 200 and 300 Blocks of East Martin Street200 and 300 Blocks of South Person Street

Ola Nilbrink, representing the World Beer Festival, requests a street closure onFriday, April 23, 2010, from 9:00 a.m. until Sunday, April 25, 2010, at 5:00 a.m.for a World Beer Tasting Event.

He also requests a waiver of all City ordinances concerning the possession and

consumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances.

Recommendation:


8.3 300 Block of West North StreetMike Melley, representing Skirt Sports, requests a street closure on Saturday,May 22, 2010, from 8:00 a.m. until Sunday, May 23, 2010, at 2:00 a.m. for astreet party in conjunction with a road race.

He also requests a waiver of all City ordinances concerning the possession andconsumption of alcoholic beverages on City property and a waiver of the

amplified noise ordinances.Recommendation:


8.4 400 Block of Fayetteville StreetGreg Lowenhagen, representing the Independent Weekly Magazine, requests astreet closure on Friday, September 10, 2010, from 9:00 a.m. until Sunday,September 11, 2010, at 12:00 p.m. for an outdoor music event.

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He also requests a waiver of all City ordinances concerning the possession andconsumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances.

Recommendation:


9. Grants9.1 Office of Sustainability - Energy Efficiency Conservation Block Grant

(EECBG)

On December 1, 2009, the City of Raleigh was awarded the Energy EfficiencyConservation Block Grant (EECBG) from the Department of Energy through theOffice of Sustainability as part of the American Recovery and Reinvestment Act(ARRA). The purpose of this award is to implement an Energy Efficiency andConservation Strategy in order to reduce fossil fuel emissions; reduce totalenergy use of the eligible entities; and improve energy efficiency in the buildingsector, the transportation sector, and other appropriate sectors; along withcreating jobs.

Budgetary accounts to be amended:

Revenue Account:

810-1410-513550-996-GRT00-76110000 $3,820,400Energy Efficiency & Conservation Block Grant (EECBG)

Expense Accounts:

810-1060-790010-996-GRT00-76010000 $ 400,000Weatherization Loan Program

810-1410-790010-996-GRT00-76020000 364,080Residential & Commercial Energy Efficiency Loan Prog

810-1410-790010-996-GRT00-76030000 250,000Climate Action Plan810-6290-790010-996-GRT00-76040000 500,000

Government Buildings Energy810-6290-790010-996-GRT00-76050000 500,000

Energy Mgmt Software & Climate Control Systems810-5031-790010-996-GRT00-76060000 165,000

Solid Waste Services Pilot for Enhanced Recycling810-5210-790010-996-GRT00-76070000 77,000

Vehicle Conversion to Electric Battery Powered810-1410-790010-996-GRT00-76080000 30,000

Electric Vehicle Charging Stations

810-6290-790010-996-GRT00-76090000 150,000Solar Thermal Water Heating810-6290-790010-996-GRT00-76100000 500,000

Gov Bldgs Lighting Efficiency Imps (Lighting Retrofit)810-1410-790010-996-GRT00-76110000 431,800

Establish Office of Sustainability810-1410-790010-996-GRT00-76120000 452,520

Green Builders Cert & Community Education Prog$3,820,400

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Recommendation:

Accept the grant and establish budgets for the above accounts associated with the12 projects that will be funded by this grant.

9.2 North Carolina Parks and Recreation Trust Fund (PARTF) Application -Land Acquisition for the Neuse River Greenway, Walnut Creek Greenway

Extension, and Crabtree Creek Greenway Extension

Authorization is requested to submit an application to the North Carolina Parksand Recreation Trust Fund (PARTF) for $500,000 in grant funds to acquire 40+/-parcels along the Neuse River, Walnut Creek East, and the Crabtree Creek Eastgreenway corridors. The PARTF funding assistance would be utilized topurchase and/or acquire greenway easements where ownership gaps remain. Theacquisition funding included in the budget for each of these projects will be usedto meet the 50% match requirements.

Recommendation:

Authorize the City Manager to execute the grant application to the NorthCarolina Parks and Recreation Trust Fund.

9.3 North Carolina Parks and Recreation Trust Fund (PARTF) Application -Neuse River Greenway Trail Development

Authorization is requested to submit an application to the North Carolina Parksand Recreation Trust Fund (PARTF) for $500,000 in grant funds to develop a6.26-mile segment of the Neuse River Greenway Trail between Horseshoe FarmPark and the future extension of Skycrest Drive. The development fundingincluded in the budget for this project will be used to meet the 50% matchrequirements.

Recommendation:

Authorize the City Manager to execute the grant application to the North

Carolina Parks and Recreation Trust Fund.

10. Easement - Sanitary Sewer Easement Exchange - Brier Creek Corporate Center inRaleigh

A request has been received from Joseph S. Dye, Executive Vice President of Brier CreekCenter Associates, Limited Partnership/American Asset Corporation, property owner, toexchange an existing 20-foot City of Raleigh sanitary sewer easement for a new 20-footCity of Raleigh sanitary sewer easement located on Lots 3 and 4 of Brier CreekCorporate Center in Raleigh to facilitate better site development. The construction plansfor the sanitary sewer main have been permitted by the City of Raleigh Public UtilitiesDepartment. The property owner is responsible for all costs of the easement exchange.

Recommendation:Approve the easement exchange and authorize the City Clerk to advertise.

11. Consultant Services11.1 Review for Additional Sales Tax Revenues

The Internal Audit Office has solicited for services to review for additional salestax refunds from recent construction projects. In this audit, records will bereviewed for the past three years, and the consultant will be paid on a

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contingency fee basis. This contingency basis of compensation is typical forauditing tax records.

Responses were received from RSM McGladrey, Cherry Beckhaert & HollandLLP, and Dixon Hughes PLLC. After further discussions with representativesfrom McGladrey, they decided to withdraw their proposal, citing staffing

limitations. Cherry Beckhaert & Holland are currently the Citys financialauditors and in this role, accounting rules preclude them from performing clientservices on a contingency fee basis. For this reason, their proposal was set aside.

Dixon Hughes has proposed to perform this service in exchange for 33.3% of anynet additional revenues received. Due to the nature of the audit work required(visits to corporate offices; potential out of state travel, unknown prospects as todiscovered revenues), the percentage contingency is considered reasonable. Feeswill be capped at $300,000. If no additional sales tax revenues are found, no feewill be owed the consultant.

Recommendation:

Authorize Administration to enter into a contract with Dixon Hughes PLLC with

the terms stated.

11.2 Mitchell Mill Road Widening - Fee for Design Services AgreementThe consultant selection process has been followed and an agreement wasnegotiated with the selected consultant, Kimley-Horn and Associates, Inc. for theMitchell Mill Road Widening project from Louisburg Road to Watkins Road.The negotiated design fee is $1,313,412 to include roadway, culvert replacement,utility relocation, drainage, erosion control, traffic control, pavement marking,signal and signing plans as well as environmental approvals and permitting. Thedesign will also include surveys, public and private subsurface utilities location,geotechnical investigation, underground storage tank abatement and preparationof right of way plats for right of way acquisition.

The total fees are in line with current market fee estimates. The consultant isproposing to use 24.3% MWBE participation.

Funds for design are available in the current Capital Improvement Program as theresult of the 2005 Road Bond.

This agreement has been reviewed by the City Attorneys office.

Recommendation:

Approve the City Managers execution of the design agreement and authorizeappropriate transfers to establish funding.

Transferred From:

531-2210-790010-00975-CIP02-94620000 $1,223,658Mitchell Mill Road Widening Reserve

320-5210-790010-00975-CIP01-83370000 89,754Thoroughfare Mains

$1,313,412

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Transferred To:

531-2210-792010-00975-CIP02-94620000 $1,223,658Mitchell Mill Road Widening Design

320-5210-792010-00975-CIP01-94620000 89,754Mitchell Mill Road

$1,313,41212. Contract Amendments12.1 Town of Zebulon Sanitary Sewer Rehabilitation Project - Amendment #4

The City currently has an agreement with Hydrostructures, PA, for the Town ofZebulon Sanitary Sewer Rehabilitation Project. Contract Amendment #4, in theamount of $181,500, is for engineering design services for findings of the SewerSystem Evaluation Study, including preliminary design, final design, permitting,bid services and construction record drawings.

Recommendation:

Approve Amendment #4 with Hydrostructures, PA, and the budgetary transfer.

Transferred From:349-5210-790010-945-CIP01-98030000 $181,500

Zebulon Infiltration & InflowTransferred To:

349-5210-792010-945-CIP01-98030000 $181,500Zebulon Infiltration & Inflow

12.2 Town of Wendell Sanitary Sewer Rehabilitation Project - Amendment #2The City currently has an agreement with Hydrostructures, PA, for the Town ofWendell Sanitary Sewer Rehabilitation Project. Contract Amendment #2, in theamount of $205,900, is for engineering design services for findings of the Sewer

System Evaluation Study, including preliminary design, final design, permitting,bid services and construction record drawings.

Recommendation:

Approve Amendment #2 with Hydrostructures, PA, and the budgetary transfer.

Transferred From:

349-5210-790010-946-CIP01-97980000 $205,900Wendell Infiltration & Inflow

Transferred To:

349-5210-792010-946-CIP01-97980000 $205,900Wendell Infiltration & Inflow

13. Personnel Changes13.1 Community Services Department - Position Reclassifications

The Community Services Department is in the process of reorganizing toposition and prepare staff to be at the forefront of local and national trends andbest practices related to community engagement, mobilization and betterment.This effort requires the establishment of a second line supervisory position in theNeighborhood Services Division. Therefore, it is requested that two CommunitySpecialist positions #0508, pay grade 34 be reclassified to Senior CommunitySpecialists #0507, pay grade 35. The Personnel Department has reviewed this

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request and concurs with the reclassification of the positions. Sufficient fundsare available in the departments salary accounts to cover the cost for theremainder of the current fiscal year.

Recommendation:

Approve reclassifications.

13.2 Information Technology - Position Reclassification - Business ApplicationsDivision

The Information Technology Department currently has two vacant Sr. DatabaseAdministrator, pay grade 38, positions. Approval is requested to reclassify Sr.Database Administrator, position 1595, to an Applications Architect, pay grade42. This position will develop enterprise level application and custom integrationsolutions including major enhancements and interfaces, functions and features;provide expertise regarding the integration of applications; determinespecifications, plans, designs; and develop complex, critical software solutionsutilizing software engineering processes. Approval is also requested to reclassifySr. Database Administrator, position 5805, to an Information Technology Quality

Assurance (QA) Manager, pay grade 42. This position will be responsible fortesting methodologies and acting as QA lead on enterprise projects. This changewill have no budgetary impact for the remainder of the current fiscal year. ThePersonnel Department has reviewed the request and concurs with thereclassification of the positions.

Recommendation:

Approve the reclassification of these positions.

14. Budget Amendments14.1 Community Development

The following accounts should be increased by:

Revenue Account:

744-3210-513550-985-GRT04-75160001 $400,000NSP Project

Expense Accounts:

744-3210-712120-985-GRT04-86680001 $120,000Relocation-Hsg Units Purchase

744-3210-725370-985-GRT04-86680001 1,000Tenant HO Counseling

744-3210-708040-985-GRT04-8668001 53,036Demolition-Hsg Units Purchase

744-3210-791010-985-GRT04-75880001 145,964Acquisition-Neighborhood Revit744-3210-725220-985-GRT04-75880001 21,000

Disposition-Neighborhood Revit744-3210-725200-985-GRT04-75160001 19,000

General Administration744-3210-794010-985-GRT04-86660001 40,000

First Time Homeownership

$400,000

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Purpose:

To appropriate additional grant funding awarded to the City into the relevantexpenditure accounts.

14.2 Public Works/CAMPOThe following accounts should be increased by:Revenue Accounts:

810-2290-513240-00985-GRT02-74040100 $180,000State of NC Funds

810-2290-513600-00985-GRT02-74040100 20,000Capital Area MPO - City Match

810-2290-513550-00985-GRT02-74040100 200,000American Recovery/Reinvestment

$400,000Expense Account:

810-2290-708900-00985-GRT02-74040100 $400,000

Contractual ServicesPurpose:

To facilitate payment to consultant, Kimley-Horn, as approved by Council onJanuary 5, 2010. Funding for this project is $20,000 from Capital Area MPOmatching funds, $180,000 in funds from NCDOT and $200,000 in AmericanRecovery and Reinvestment (Stimulus) funds.

15. Thoroughfare Facility Fee Reimbursement Contracts2009 #18 Thoroughfare Facility FeeMLS Design and Construction, Inc./South Saunders Street/Priority 2 Project

Total Reimbursement $21,749.44

2009 #22 Thoroughfare Facility FeeCreekwood Property Corporation/T.W. Alexander Drive/Priority 1 ProjectTotal Reimbursement $1,369,338.57

Recommendation:

Approve contracts.

16. Change Orders16.1 Neuse River East Parallel Interceptor Sewer, Phase II - Change Order #1 -

Park Construction, Inc.

This change order is for a net increase of $388,179.70.

Reason:

For additional work including the emergency repair of three collapsed siphonpipes on the Crabtree Interceptor near New Bern Avenue. This work has beenhandled on a time and materials basis. This was initiated when crews found threesiphon pipes that had collapsed during the November 11, 2009, rain event whichcontributed to influent flows at the Neuse River Wastewater Treatment Plant.

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The work that is incorporated in this change order constitutes the immediatework that needed to take place to temporarily correct the problem. A permanentfix is also being implemented. This work will be incorporated into a separatechange order at a later date.

History:

Original contract amount $6,859,397.93New contract amount $7,247,577.63


Transferred From:

349-5210-790010-975-CIP01-84680000 $388,180Main Replacement

Transferred To:

349-5210-792020-975-CIP01-84680000 $388,180Main Replacement

Recommendation:

Approve the change order in the amount of $388,179.70, and the budgetarytransfer.

16.2 Wrenn Road Lagoon Cleanout - Change Order #1 - ShamrockEnvironmental

This change order is for a net increase of $455,482.50.

Reason:

For additional work including removal of additional sludge from the treatmentlagoons beyond the contract quantity, additional grading and tree removal. Theadditional sludge removal will be paid per the unit price in the existing contract.

History:Original contract amount $1,191,720New contract amount $1,647,202.50


Transferred From:

349-5210-790010-975-CIP01-94270000 $455,483Swift Creek Water Quality Sewer Extension

Transferred To:

349-5210-792020-975-CIP01-92960000 $455,483Removal Garner 201 Facility

Recommendation:

Approve the change order in the amount of $455,483, and the budgetary transfer.

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17. Transfers17.1 Community Development

It is recommended that the following transfer be authorized:

Transferred From:

744-3210-725330-985-CIP04-86680001Rehab-Housing Units Purchase $196,384

744-3210-791010-985-CIP04-86680001Acquisition-Housing Units Purchase 351,348

744-3210-725220-985-CIP04-86680001Disposition-Housing Units Purchase 7,500

$555,232Transferred To:

744-3210-791010-985-GRT04-75880001Acquisition-Neighborhood Revitalization $555,232

Purpose:

As a result of unanticipated contingencies it is necessary to adjust accounts inorder to proceed with affordable housing opportunities funded by theNeighborhood Stabilization Program grant.

17.2 Construction ManagementIt is recommended that the following transfer be authorized:

Transferred From:

625-6210-792900-975-CIP03-89450000 $8,337Pools Rimflow Stone Replacement

Transferred To:

507-2210-792200-975-CIP00-99080000 $8,337CM - Pre-ConstructionPurpose:

The Construction Management Division worked with Parks and Recreation staffto install the CEL PSC exterior wall finishes mock-up panel at MillbrookExchange Park as a permanent sound barrier. Funding is available in the Parksand Recreation Department CIP funds to supplement the CEL PSC mock-up walldesign for use as a permanent sound barrier at the Millbrook Pool Facility.Transfer of funds to the CEL PSC project is needed for construction.

18. Bids18.1 Raleigh Convention Center Festival Site

Bids were received on January 12, 2010, for the construction of the RaleighConvention Center Festival Site. Shelco, Inc. submitted the low base bid of$1,034,000. Alternate number three for additional trees in the amount of $10,700is desired in accordance with the Special Use Permit conditions for a total awardof $1,044,700.

MWBE participation in the bid documents was projected at 7.4%. The CitysBAP manager will provide additional information by meeting time. The agendapacket includes additional information and certified bid tabulation. Funds areavailable and transfers will be handled administratively.

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Recommendation:

Approve the low bid of Shelco, Inc. including alternate #3 for $1,044,700 andauthorize the City Manager to execute a contract.

18.2 Lake Lynn Gymnasium Addition Construction ProjectLake Lynn Gymnasium Addition construction project was publicly bid onDecember 18, 2009, and 12 bids were received. The apparent low bidder isCentral Builders, Inc. of Mebane, License No. 4176. It is recommended that theconstruction of Lake Lynn Gymnasium Addition be awarded to Central Builders,Inc., with the total contract amount being $928,206 including the base bid and sixadd alternates.

MWBE participation for this construction project is 18%.

Funds are available in the Lake Lynn Gymnasium Addition project budget.

Recommendation:

Approve the low bid of Central Builders, Inc.

18.3 Lake Johnson Dam Spillway Improvements ProjectSeven bids were received on December 15, 2009, for the Lake Johnson DamSpillway Improvements Project. Faulconer Construction Company, Inc.,submitted the low bid in the amount of $2,299,272. Faulconer ConstructionCompany, Inc., submitted a 13.4% MWBE participation plan.

Recommendation:

Approve the low bid of Faulconer Construction Company, Inc., in the amount of$2,299,272 (transfer to be handled administratively).

Transferred From:

348-5210-790010-975-CIP01-97830000 $1,149,636

Lake Johnson Dam Upgrade475-2240-790010-975-CIP05-98410000 1,149,636

Lake Johnson Spillway Upgrade$2,299,272

Transferred To:

348-5210-792020-975-CIP01-97830000 $1,149,636Lake Johnson Dam Upgrade

475-2240-792020-975-CIP05-98410000 1,149,636Lake Johnson Spillway Upgrade

$2,299,27219. Traffic

Ordinances adopted by the City Council authorizing the following traffic changes willbecome effective seven days after Council action unless otherwise indicated.

19.1 Speed Limit Reduction - Ebenezer Church RoadNorth Carolina Department of Transportation reduced the speed limit alongEbenezer Church Road (SR1775) to 35mph from Graylyn Road to WestgateRoad. The speed limit was also changed to 45 from Graylyn Road to DuraleighRoad. Since Ebenezer Church Road is on the state highway system, it isrecommended the City concur with this change.

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Recommendation:

Approve as recommended. If the above recommendation is approved, amend thefollowing Traffic Schedule:

Remove from Traffic Schedule No. 5.A.6:

Ebenezer Church Road, in its entirety. #999, 6/30/87Add to Traffic Schedule No. 5.A.5:

Ebenezer Church Road from Graylyn Road east to (SR 1837) Duraleigh Road.

THIS IS THE END OF THE CONSENT AGENDA

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D. REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION1. No report.

E. SPECIAL ITEMS1. Clarence E. Lightner Public Safety Center

During the last several meetings, discussion has taken place concerning the Clarence E.Lightner Public Safety Center. The last discussion took place at the January 5, meeting,after which it was directed that the item be placed on this agenda for furtherconsideration.

2. SU-7-09 - Caf Helios, 413 Glenwood AvenueDuring the January 5, 2010, Council meeting, an evidentiary hearing was held to considera request for a Special Use Permit to allow outdoor amplified entertainment at CafHelios, 413 Glenwood Avenue. Following the hearing, the Council voted to approve theSpecial Use Permit with conditions and directed the City Attorney to draft the appropriatefindings of fact and conclusions of law and place the item on this agenda for furtherconsideration.

3. SU-8-09 - The Hibernian Irish Restaurant and Pub, 311 Glenwood AvenueDuring the January 5, 2010, Council meeting, an evidentiary hearing was held to considera request for a Special Use Permit to allow outdoor amplified entertainment at TheHibernian Irish Restaurant and Pub, 311 Glenwood Avenue. Following the hearing, theCouncil voted to approve the Special Use Permit with conditions and directed the CityAttorney to draft the appropriate findings of fact and conclusions of law and place theitem on this agenda for further consideration.

4. Falls Lake Nutrient Management Strategy UpdateDuring the January 5, 2010, Council meeting, the Council received an update on the FallsLake Nutrient Management Strategy. It was indicated an additional follow-up would be

made at this meeting.5. Water Conservation Ordinances

During the January 5, 2010, Council meeting, recommendations from the WaterConservation Advisory Committee were received. The City Attorney was directed todraft amendments to the Water Conservation Ordinance along the lines recommendedand place the item on this agenda for further consideration.

6. Local Campaign Finance Reform OptionsDuring the January 5, 2010, Council meeting, Mayor Meeker presented a draft resolutionfor Local Campaign Finance Reform Options. It was directed that the item be placed onthis agenda for further consideration.

F. REPORT AND RECOMMENDATION OF THE CITY MANAGER1. Proposal for Conversion of the Recycling Program to a Biweekly Automated System

Currently, residential recycling services are provided weekly at curbside with the use ofgreen recycling bins. Since all recycling material can be mingled with no sort, theequipment used by the City are single body side loaders (these are the multiple binvehicles which were used when there were multiple sorts at the curb) and rear loadingcompaction vehicles.

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The benchmarked best practice to promote efficient recycling is biweekly curbsideservice using 95 gallon rollout carts and automated side loading equipment requiring onlyone operator per vehicle. Due to the initial cost of replacement equipment and rolloutcarts, a four year implementation plan is recommended. Once fully implemented, annualsavings will be in excess of $2 million. More details on the proposal is in the agendapacket.

Recommendation:

Approve such that planning and the first year of implementation can take place in FY 10-11.

G. REQUESTS AND PETITIONS OF CITIZENS (2:00 P.M. OR AFTER)1. Dr. Jean Spooner, The Umstead Coalition, would like for the Council to actively pursue

implementation of the planned multi-use trail along the east side of Trenton Road, requestNCDOT to decrease the speed limit to 35 mph on portions of Trenton Road, addcrosswalks to ensure safe access from the neighborhood to the Reedy Creek Greenwayand restripe Trenton Road to consistent ten-foot lanes. Additional information is in theagenda packet.

2. John Colvardwould like for the Council to act on recommendations made by the PublicWorks Committee during their November 9, 2009, meeting relative to reducing speedlimits on portions of Trenton Road, restriping vehicular lanes on a portion of StricklandRoad, removing excessive no parking signage on Trenton Road and immediately secureright-of-way and other necessities to enable the planned greenway extension alongTrenton Road.

3. Raymond Azrak, All Saints Antiochian Orthodox Church, would like to request that thefee-in-lieu of related to the widening of Buck Jones Road be spread out over a ten-yearperiod.

4. Kamal and Sakinah A. Rafiwould like additional time to complete repairs at 2313 PooleRoad.

5. Gerry R. Coleman, Hamstead Crossing, would like to ask Council to vote no on spendingmoney on a building we cannot afford.

6. Jake Thompsonwould like to talk to the Council relative to City buses being used as asafe place or refuge in inclement weather.

7. Danny Colemanwould like to request that the City Council consider reclassification ofLenoir Street from a minor thoroughfare to a collector street as defined in the City ofRaleigh Streets, Sidewalks and Driveway Access Handbook.

H. MATTERS SCHEDULED FOR PUBLIC HEARING (2:00 P.M. OR AFTER)1. A hearing to consider the adoption of an ordinance prohibiting occupancy of the unfit

dwellings until repaired to comply with the requirements of the Housing Code andpursuant to the provisions of Section 10-6130 of the Code of the City of Raleigh:

LOCATION PROPERTY OWNER TAX ID NO. TIME LAPSE

205 Kennedy Street (C) Gail Hinnant 0108019 466 Days

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(C)

605 East Edenton Street(C)

Stephanie Paige Hughes 0006189 $260

2308 Milburnie Road(C)

Forest Hill DevelopmentLLC

0368491$445

820 Newcombe Road(C)

Mildred Leak, Heirs 0022759$290

1532 Noble Creek Lane(C)

Perry E. Hansen 0274029 $260

1713 Oakwood Avenue(C)

Jonathan K. Mitchell 0038211 $425

2109 Owens Lane (C) Katherine Beckwith 0005466 $270

1808 Poole Road (C) Donnell McDowell 0048790 $400

2317 Poole Road (C) Letha Mitchell 0016929 $370

621 Watauga Street (C) HomePlaces LLC 0374630 $370

5. During the December 1, 2009, Council meeting, a hearing was held to consider thepetitioned annexation of property known as Water Garden. David Brown, representingthe property owners, asked the Council to defer consideration of this item and place it onthe January 19, 2010, agenda. It would be appropriate to receive comments concerningthe proposal. If following the hearing, the Council wishes to proceed with theannexation, it would be appropriate to adopt an ordinance annexing the property effectiveJune 30, 2010, and a resolution placing the property in City Council Electoral District E.

I. EVIDENTIARY HEARINGS (2:00 P.M. OR AFTER)1. SU-10-09 - Raleigh Convention Center/Festival Site Amphitheatre

During the January 5, 2010, Council meeting, an evidentiary hearing was held to considera request from the City of Raleigh for a Special Use Permit to allow an outdooramphitheatre containing 5,000 seats located at 530 South McDowell Street. The hearingwas continued to this meeting with the Mayor asking attorneys representing both sides topresent either combined findings of fact and conclusions of law or separate findings offact and conclusions of law based upon the understanding that the City Council plans toapprove the Special Use Permit. The hearing was held open to receive additionalcomments if needed.

2. SP-71-09 - Salvation Army Emergency Shelter Type AA hearing to consider comments regarding a preliminary site plan application from theSalvation Army of Wake County for an Emergency Shelter Type A located at 1863

Capital Boulevard.

3. SP-82-09 - City of Raleigh Outdoor AmphitheatreA hearing to receive public comment on an application for a preliminary site plan fromthe City of Raleigh for an Outdoor Amphitheatre located at 530 South McDowell Street.

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J. REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMICDEVELOPMENT COMMITTEE

1. Upper Neuse Clean Water InitiativeThe Committee recommends approval of implementation of a 24-month funding reservelimit as it relates to the Upper Neuse Clean Water Initiative funds. The Committee

recommends taking no action on the request that the funds be made available to pay thedebt service of low-interest loans. The Committee also asked the City Attorney to draft aresolution for submission to our customer/municipalities, Triangle J, the governorsoffice, etc. to try to get funds released from the Clean Water Management Trust Fund.The proposed resolution is in the agenda packet.

2. West Cabarrus Street - City-owned PropertyThe Committee recommends authorizing Administration to obtain an independentappraisal of City-owned property at 331 West Cabarrus Street and enter into discussionswith Progress Energy for the sale of fee or easement interest with the terms of the finalsettlement to be reported to Council prior to taking any final action/approval.

3. Items PendingItem #07-49 - Capacity Fee Structure - Incentives/Rebates (4/27/09)Item #07-57 - Water Conservation Recommendations (10/20/09)Item #07-60 - Tarboro Road Area - Public Safety Concerns (11/3/09)Item #07-61 - Water Rates - Home Dialysis Patients (11/3/09)Item #09-01 - Downtown Parking Spaces (1/5/10)Trains - Quiet Zones Downtown

K. REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNINGCOMMITTEE

1. Z-6-09 - Creedmoor Road Conditional UseThe Committee recommends upholding the Planning Commission's recommendation for

denial of Z-6-09 - Creedmoor Road Conditional Use as outlined in CR #11353.

2. TC-1-08 - Building Lot Coverage Within O&I DistrictsThe Committee recommends adoption of TC-1-08 - Building Lot Coverage Within O&IDistricts as amended. A copy of the amended text change dated January 13, 2010, is inthe agenda packet.

3. Items PendingItem #07-10 - Tree Conservation Ordinance - Tree Survey (9/2/08)Item #07-57 - TC-3-09 - Holly Ridge Farms Built Environmental Regulations (7/7/09)Item #07-60 - Hillsborough Street Streetscape and Parking Plan - Update (8/4/09)

L. REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETYCOMMITTEE

1. Pawnbroker License Application - Tops Pawn and GoldThe Committee recommends approval of the pawnbrokers license for Tops Pawn andGold provided the business closes by 10:00 p.m.

2. Items PendingItem #09-01 - Amplified Entertainment Ordinance (12/1/09)Item #09-02 - Sanderson Drive and Wake Drive - Traffic Concerns (12/1/09)

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M. REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE1. Chadwick Townhomes - Private Streets/General Policy

The Committee recommends that the request to close the private street be denied.

2. Items PendingItem #07-68 - Stormwater and Public Utilities Systems - Possible Merger (10/20/09)Item #07-69 - Hillsborough Street - Bicycle Accommodations (11/3/09)Item #07-70 - Honeycutt Park Greenway - Concerns (11/3/09)Item #09-01 - Easement - Oak Forest Drive (12/1/09)Item #09-02 - Sewer AR1312 - Planna Terra Annexation Area (12/1/09)Item #09-03 - Water AR 1339 and Sewer AR 1340 - Green Valley/Garden Acres

Annexation Area (1/5/10)Item #09-04 - Traffic Concerns - Faircloth Street and Oberlin Road (1/5/10)

N. REPORT OF MAYOR AND COUNCIL MEMBERSO. APPOINTMENTS

The following committees have appeared on past agendas and some nominations have beenmade. The Council may take action to make appointments or if the nominations have not beenclosed, which would be indicated on the agenda, additional nominations may be made on theballot in the agenda packet. An asterisk beside a name means that person is presently serving onthat board or commission.

Appearance Commission - One Vacancy

Julie Sherk (Stephenson/Crowder)Brad Worley (Meeker)

Planning Commission - One Vacancy

Isabel Mattox (Meeker/Baldwin)Matthew GT Martin (Isley)

Mark Turner (Stephenson/Crowder)Keith Karlsson (McFarlane)

Unified Development Ordinance Group - One Vacancy - Institutional Representative

During the December 1, 2009, City Council meeting, the City Council confirmed 12 of the 13members of the Unified Development Ordinance Group. The Institutional representative vacancyneeds to be filled. No nominations have been made.

Environmental Awards Jury

The Environmental Awards Jury consists of representatives from various boards andcommissions which have made the following recommendations:

Appearance Commission - Omar McCullopEnvironmental Advisory Board - Stanford BairdParks, Recreation and Greenway Advisory Board - Becky OxholmPlanning Commission - Linda Harris-EdmistenStormwater Management Advisory Commission - Alissa Bierma

The City Council is to appoint three persons - one from the professional scientific community andtwo from the community at large.

It would be appropriate to confirm the boards and commission representatives and appointmembers to the three City Council slots.

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http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/41CLERK_PW_Minutes.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/41CLERK_PW_Minutes.pdf


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P. NOMINATIONSAppearance Commission - One Vacancy

The term of Laurent de Comarmond expires in February. He has served since February, 2008;therefore, is eligible for reappointment, has a good attendance record and would like to beconsidered for reappointment.

Board of Adjustment - One Vacancy

The term of Larry McBennett expires in February. He has served since February, 2008, has agood attendance record and would like to be considered for reappointment.

Civil Service Commission - One Vacancy

The term of Herbert W. Crenshaw, Jr., Business Representative, expires in February. He iseligible for reappointment.

Convention Center Commission - Three Vacancies

The terms of Kelton T. Brown and John P. Healy, Jr. are expiring. Both are eligible forreappointment and have good attendance records.

The term of Eric Tannery expires in February. His term was extended beyond the six-year periodin order for him to continue to serve as Chair of the Commission through the completion of theConvention Center and punch list. It would be appropriate for the Council to consider thisposition.

Downtown Housing Improvement Corporation Board of Directors - Two Vacancies

The terms of Isabel Mattox and Charles Rodman are expiring. Both are eligible forreappointment and have good attendance records and would like to be considered forreappointment.

Planning Commission - One Vacancy

The term of Paul L. Anderson is expiring. He is eligible for reappointment, has a good

attendance and would like to be considered for reappointment.

Stormwater Management Advisory Commission - Three Vacancies

The terms of Francine Durso, Jim Wahlbrink and Marcia Lieber are expiring. They have allserved since 2004; therefore are not eligible for reappointment.

Substance Abuse Advisory Commission - One Vacancy

The term of Stephanie Payne is expiring. She is eligible for reappointment as far as length ofservice is concerned, but has not been able to attend meetings.

Q. REPORT AND RECOMMENDATION OF THE CITY ATTORNEYR. REPORT AND RECOMMENDATION OF THE CITY CLERK

1. Minutes of the January 5, 2010, Council meeting will be presented.

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EVENING AGENDA - 6:30 P.M.

S. JOINT HEARING WITH THE HISTORIC DISTRICTS COMMISSION1. A hearing to receive comments on a request to consider for Raleigh Historic Landmark

Designation City-owned property known as the Latta House and University Site.Following the hearing, the matter will be referred to the Historic Districts Commission

which will review any additional information received during the hearing and make afinal recommendation to the City Council at its March 16, 2010, Council meeting.
http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/42PLANNING_RHDC_Latta_House.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/42PLANNING_RHDC_Latta_House.pdf

city council agenda jan 19 2010

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