City Council Agenda Feb 16 2010

8/14/2019 City Council Agenda Feb 16 2010

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PLEASE TURN OFF ANY WIRELESS EQUIPMENT WHILE IN THE COUNCIL CHAMBER

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

Charles C. Meeker, Mayor

James P. West, Mayor Pro Tem

Mary-Ann Baldwin

Thomas G. Crowder

Bonner Gaylord

Nancy McFarlane

John Odom

Russ Stephenson

1:00 P.M., TUESDAY

FEBRUARY 16, 2010

THE COUNCIL CHAMBER


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City Council Agenda February 16, 2010

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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 Richard Bryant, Trinity United Methodist 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. Clarence E. Lightner Public Safety Center - Minority and Women BusinessEnterprise (MWBE) Outreach Plan

Council authorized a contract for Construction Manager at Risk (CMAR) preconstructionservices and a contract was executed on July 24, 2009, with Clancy & Theys/ArcherWestern, Joint Venture. Development of a Minority and Women Business (MWBE)Outreach Plan is part of the preconstruction deliverables. Approval of the proposedMWBE Outreach Plan is needed to complete other authorized preconstruction services.Additional information is in the agenda packet. No additional funding is needed for thisitem.

Recommendation:

Approve the Construction Manager at Risk Minority and Women Business EnterpriseOutreach Plan.

2. Downtown Facilities Fire Alarm Installation - Final SettlementThe Parks and Recreation Department/Facilities and Operations Division has negotiated afinal settlement of all outstanding issues and potential claims with SEFC Holdings, Inc.(successor in interest to Southeastern Fire Control-PF&S, Inc.) associated with the firealarm upgrade and installation in the Municipal Complex and One Exchange Plaza.Subject to Council approval, the City of Raleigh will agree to pay and SEFC Holdings,Inc. will agree to accept the total sum of $150,000 representing final payment on theproject and full and final settlement of all potential claims.

Transferred From:

505-6290-792020-975-CIP00-95090000 $ 5,990Bond-222 Fire Panel Upgrade-General Const Contracts

505-6290-790010-975-CIP00-93560000 65,000OEP-Electrical Heating Units - Capital Project Reserve

$70,990Transferred To:

505-6290-792900-975-CIP00-95090000 $70,990Bond-222 Fire Panel Upgrade - Const in Progress-Misc
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/01CM_CELPSC_MWBE.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/01CM_CELPSC_MWBE.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/02PR_Downtown_Facilities_Fire_Alarm_Installation.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/02PR_Downtown_Facilities_Fire_Alarm_Installation.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/01CM_CELPSC_MWBE.pdf


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6.2 North Hills Shopping Center VicinityJill Fallon, representing the Lupus Foundation, requests a street closure onSunday, April 25, 2010, from 3:00 p.m. until 5:00 p.m. for a fundraising walk.

Recommendation:

Approve subject to conditions on the report in the agenda packet.7. Road Races

7.1 NSCU Centennial Campus VicinityJason Biggs, representing Finish Strong Event Productions, requests a streetclosure on Sunday, April 18, 2010, from 8:00 a.m. until 12:00 p.m. for a race.

Recommendation:

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

7.2 St. Francis Catholic VicinityMarc Kielty, representing Saint Francis of Assisi Catholic Church, requests a

street closure on Saturday, May 15, 2010, from 8:00 a.m. until 10:30 a.m. for aroad race.

Recommendation:


8. Temporary Street Closings8.1 300 Block of West North Street

Jerry McDermott, representing Hibernian Pub, requests a street closure onSaturday, February 27, 2010, from 7:00 a.m. until 11:00 p.m. for the SaintBaldricks celebration.

Recommendation:Approve subject to conditions on the report in the agenda packet.

8.2 500 Block of South Salisbury StreetLetesa Blue, representing Queens Together Motorcycle Club, requests a streetclosure on Friday, April 2, 2010, at 8:00 a.m. until Saturday, April 3, 2010, at9:00 p.m. for a Street Festival and Motorcycle Stunt Show.

She 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:


8.3 1100 Block of South Saunders StreetKris Weiss, representing Ray Price Harley Davidson, requests a street closure onSaturday, April 17, 2010, from 7:00 a.m. until 5:00 p.m. for CustomerAppreciation Day.

Recommendation:

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/07Police_Parade_Jill_Fallon_Lupus_Foundatoin.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/08Police_Race_Jason_Biggs_Centennial_Campus.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/09Police_Race_Marc_Kielty_St_Francis_Race.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/10Police_TSC_Jerry_McDermott_St_Baldricks.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/11Police_TSC_Letesa_Blue_Queens_Together.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/12Police_TSC_Kris_Weiss_Ray_Price.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/12Police_TSC_Kris_Weiss_Ray_Price.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/11Police_TSC_Letesa_Blue_Queens_Together.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/10Police_TSC_Jerry_McDermott_St_Baldricks.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/09Police_Race_Marc_Kielty_St_Francis_Race.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/08Police_Race_Jason_Biggs_Centennial_Campus.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/07Police_Parade_Jill_Fallon_Lupus_Foundatoin.pdf


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8.4 300 Block of West Davie StreetAmanda Fekety, representing The Pit restaurant, requests a street closure onSaturday, April 17, 2010, from 5:00 a.m. until 5:00 p.m. for a BBQ and BlueGrass Festival.

She 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:


9. Consultant Services - Police Promotional ExamThe Police Department has recently reviewed the promotional processes for the positionsof Police Lieutenant and Police Sergeant. In its efforts to revise both promotionalprocesses, the Police Department has sought the experience and expertise in policepromotions process from Developmental Associates, LLC as consultants to perform thenecessary services to create and administer a written promotional examination for Police

Sergeant candidates and create and administer a leadership assessment center for PoliceSergeant candidates and Police Lieutenant candidates. The total amount under theagreement for all fees, expenses or other costs shall not exceed $175, 000.

Recommendation:

Authorize execution of the contract by the City Manager on behalf of the PoliceDepartment.

10. Budget Amendments10.1 Community Services

The following accounts should be increased by:

Revenue Account:810-3010-513190-985-00000-GRT07-71030000 $14,750

EDTAP (County)Expense Accounts:

810-3020-71204-985-00000-GRT07-71030000 $10,325Mileage Reimbursement (FGP)

810-3010-71204-985-00000-GRT07-71030000 4,425Mileage Reimbursement (RSVP)

$14,750Purpose:

To set up the budget to disperse funds to the appropriate line items as specified in

the 2009/2010 grant year.

10.2 Finance - Series 2004A FundingThe following accounts should be increased by:

Revenue Account:

644-0000-532990-000 Appropriation from Prior Year $185,000

Expense Account:

644-0000-722020-72213 Bond Issuance Costs $185,000
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/13Police_TSC_Amanda_Fekety_Pit.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/13Police_TSC_Amanda_Fekety_Pit.pdf


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Purpose:

To set up funding to pay costs of issuances related to the January 20, 2010,conversion of the Series 2004A Convention Center COPs from a fixed rate oneyear note back to a variable interest rate weekly reset mode.

10.3 PoliceThe following accounts should be increased by:

Revenue Account:

100-0000-532980-000 $137,408Appropriation from Special Reserve

Expense Account:

100-4010-752900-361 $137,408Capital Equipment-Other

Purpose:

Various specialized vehicles are needed by the Police Department, including anarson truck, mobile mechanic truck, SEU van, and prisoner transport van. TheDepartment requests an appropriation of $137,408 from the Police-AssetForfeiture fund balance reserve (100-0000-400010-40014) for purchase of thesevehicles. Per the U.S. Department of Justices Asset Forfeiture and MoneyLaundering Section, it is permissible to use these funds for this purpose so longas the use of federal asset forfeiture funds does not supplant the PoliceDepartments regular budget.

10.4 PoliceThe following accounts should be increased by:

Revenue Account:

100-0000-532980-000 $455,098

Appropriation from Special ReserveExpense Account:

100-4010-702010-361 $455,098Computer Operations & Accessories

Purpose:

In December 2009, the Police Department upgraded the CAD clients in the patrolcars to a touch-screen application. It is anticipated that this touch-screenapplication will improve officer safety and create greater efficiencies byeliminating the need for key strokes. To date, the Police Department hassuccessfully installed seventy (70) touch-screen laptops. The Departmentrequests an appropriation of $455,098 from the Police-Controlled Substance fund

balance reserve (100-0000-400010-40016) to purchase 200 additional touch-screen laptops.


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10.5 Public Works - Vehicle Fleet ServicesThe following accounts should be increased by:

Revenue Account:

251-0000-532990-000 Appropriation from Prior Year $464,450

Expense Accounts:

251-5031-752900-465 General Government Equipment Fund $462,450251-0000-712150-999 Road Use Taxes 2,000

$464,450Purpose:

To purchase two new automated garbage trucks to support the conversion of theSolid Waste Service Recycling Program to a biweekly automated system.

11. Change Orders11.1 Change Order #1 - Transit Operations Facility

When the design-build contract was awarded to Brasfield & Gorrie, the NC DOTBoard of Transportation had approved $940,000 in additional funds for systemsto improve energy efficiency, primarily geothermal, lighting, and highperformance glass, which help toward our LEED goal and will reduce operatingcosts. To maintain the project schedule, these systems were included in theoriginal design and equipment purchases totaling $1,005,800 were deferred untilreceipt of the additional funding.

The change order will be funded by grant awards from Transportation, Housing,and Urban Development, and Related Agencies Appropriations Act, 2010(THUD) Earmark (5309 funds) & NCDOT Sustainability approved by the NCBoard of Transportation November 5, 2009, Project No. 10-DG-018. The grantsdo not require City matching funds.

Also included in this change order are miscellaneous site, utility, and permitreview items totaling $20,945, and stormwater changes totaling $14,546 to allowthe adjacent State Employees Credit Union to tie onto our stormwater system.The State Employees Credit Union has agreed to reimburse the City for thisadditional cost.

Contract time remains unchanged.

The following accounts should be increased by:

Revenue Accounts:

415-2211-513285-000-GRT02-74400000 $ 750,000THUD Earmark - Federal grant

415-2211-513245-000-GRT02-74400000 93,750THUD Earmark - State grant

415-2211-513175-000-GRT02-74400000NCDOT Sustainability - State grant 940,000

$1,783,750Expense Account:

415-2211-792020-975-GRT02-74400000 $1,783,750General Construction Contracts


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Recommendation:

Approve change order #1 in the amount of $1,041,291 and the budgetaryamendment.

11.2 Poole Road Water Transmission Main Construction Project - Change Order#12 - Pipeline Utilities, Inc.

This change order is for a net increase of $62,425.51.

Reason:

For additional work associated with the installation of the 30-inch watertransmission main for the Poole Road Water Transmission Main, including theremoval of an existing blow-off, connecting to an existing 30-inch valve andadditional utility location work at Elk Falls Road as required for the tie-in. Thechange order also includes additional costs incurred by the contractor totemporarily bypass a section of pipeline installation in an area where it wasdetermined that additional construction easement was required.

History:

Original contract amount $4,684,620Previous net changes (ADD) $28,459.40New contract amount $4,775,504.91

Budgetary accounts to be amended:

Transferred From:

348-5210-790010-945-CIP01-97330000 $17,336Poole Road Rehab

348-5210-790010-946-CIP01-97330000 29,141Poole Road Rehab

348-5210-790010-975-CIP01-84680000 15,950

Main Replacement $62,427Transferred To:

348-5210-792020-945-CIP01-93670000 $17,336DEBWTP Water Transmission Main

348-5210-702020-946-CIP01-93670000 29,141DEBWTP Water Transmission Main

348-5210-792020-975-CIP01-93670000 15,950DEBWTP Water Transmission Main

$62,427Recommendation:

Approve the change order in the amount of $62,425.51, and the budgetarytransfer.


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

12.1 Stop Sign Installations - Various City StreetsIt is recommended that stop signs be ordinanced at the following intersections inaccordance with the Intersection Visibility and Traffic Control Program. Theselocations are new developments or recently annexed areas. Theserecommendations are made to establish positive right-of-way control at theseintersections.

Recommendation:

Approve as recommended.

Add to Traffic Schedule No. 2

Poyner Road at Ebenezer Church RoadGansett Lane at Poyner RoadThanet Place at Poyner RoadAccabonac Point at Poyner RoadMankoma Terrace at Poyner Road (NW and SE Corners)Fanyon Way at Poyner RoadWainscott Way at Poyner Road (SW and NE Corners)Schellinger Pass at Burcliff Place (NE and NW Corners)Burcliff Place at Poyner RoadInglehurst Drive at Fairbridge Road (SE and NW Corners)Fairbridge Road at Edgebury RoadTownmeade Court at Inglehurst DriveRanleigh Court at Inglehurst DriveMabledon Court at Edgebury RoadJarden Court at Edgebury Road

Queensbridge Court at Egdebury Road (SW and NE Corners)Earlham Court at Queensbridge CourtEaglesfield Drive at Edgebury RoadBayberry Hills Drive at Emerald Creek DriveIngleside Place at Forest Pines Drive

12.2 One Hour Parking Zone - East StreetIt is recommended that a One Hour Parking Zone be established along the eastside of East Street between Martin Street and Hargett Street. A request wasreceived from the property owners to have one hour parking to help createturnover parking.

Recommendation:Approve and amend the Traffic Schedule.

Add to Traffic Schedule 15C:

East Street, east side, beginning 25 feet north of Martin Street, extendingnorthward 60 feet.

East Street, east side, beginning 30 feet south of Hargett Street, extendingsouthward 210 feet.
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/14PW_Traffic_Stop_Sign_Installations_Various_City_Streets.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/15PW_Traffic_One_Hour_Parking_Zone_East_Street.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/15PW_Traffic_One_Hour_Parking_Zone_East_Street.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/14PW_Traffic_Stop_Sign_Installations_Various_City_Streets.pdf


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12.3 Loading Zone - 300 West Hargett Street (Hue)A request was received from the owners of 300 West Hargett Street (Hue) to addon street parking and a commercial loading zone in front of their property alongthe north side of Hargett Street. It is recommended that a Commercial LoadingZone be established on the north side of Hargett Street, beginning 33 feet west of

Dawson Street, and extending westward 45 feet. It is also recommended that thecurrent one hour parking zone at this location be extended.

Recommendation:

Approve and amend the Traffic Schedule.

Delete from Traffic Schedule 13:

Hargett Street, north side, from Dawson Street to Harrington Street.

Add to Traffic Schedule 13:

Hargett Street, north side, beginning 206 feet west of Dawson Street, westward105 feet.

Add to Traffic Schedule 20C:Hargett Street, north side, beginning 78 feet west of Dawson Street, westward128 feet.

Hargett Street, north side, beginning 30 feet east of Harrington Street, eastward102 feet.


Hargett Street, north side, beginning 33 feet west of Dawson Street, westward 45feet.

12.4 No Parking Zone - Manorbrook RoadIt is recommended that a No Parking Zone be established on the south side ofManorbrook Road beginning at Reedy Creek westward to Sarahcreek Road andon the north side of Manorbrook Road beginning at Reedy Creek westward 350feet.

This request is from the residents of the Lake of Umstead Community who haveconcerns regarding sight distance at the entrance of Manorbrook Road andclearance for emergency vehicles when Umstead Park patrons park their vehiclesalong Manorbrook Road.

Recommendation:



Manorbrook Road, north side, beginning at Reedy Creek Road westward 350feet.

Manorbrook Road, south side, beginning at Reedy Creek Road westward toSarahcreek Court.
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/16PW_Traffic_Loading_Zone_300_West_Street.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/17PW_Traffic_No_Parking_Zone_Manorbrook_Road.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/17PW_Traffic_No_Parking_Zone_Manorbrook_Road.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/16PW_Traffic_Loading_Zone_300_West_Street.pdf


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12.5 Temporary Parking Restriction - Jones StreetIt is recommended that a temporary No Parking Zone be established on the southside of Jones Street beginning 105 feet west of Dawson Street eastward toMcDowell Street.

This recommendation is requested by Mulkey Engineers & Consultants for the

State Green Square-DENR project. The projected finish date for construction isfall of 2011. At the conclusion of the project, a request will be made to reinstateparking.

Recommendation:



Jones Street, south side, beginning 105 feet west of Dawson Street eastward toMcDowell Street.

THIS IS THE END OF THE CONSENT AGENDA
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/18PW_Traffic_Temporary_Parking_Restriction_Jones_Street.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/18PW_Traffic_Temporary_Parking_Restriction_Jones_Street.pdf


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D. REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION1. The Planning Commission recommendations on the following items were unanimous.

The Council may wish to consider these items in the same manner as items on theconsent agenda. Items marked with one asterisk (*) beside the CertifiedRecommendation number are located within flood-prone areas. Items marked with the

pound sign (#) beside the Certified Recommendation number are located within the FallsBasin or the Swift Creek Watershed Protection Area. Items marked with the plus sign (+)beside the Certified Recommendation number indicate special conditions for stormwatermanagement. Items marked with (VSPP) beside the Comment indicate that a ValidStatutory Protest Petition has been filed. **Denotes Drainage Basins

CR Number Subject Vote Recommendations Comments

1. CR-11361 Z-18-09 11-0 Denial Poole Road, northeastquadrant of Norwood Streetintersection **(WalnutCreek)

2. CR-11362 TC-7-09 11-0 Approval, as

revised

Front Yard Parking for

Single Family DetachedDwellings

(THE FOLLOWING ACTIONS WERE TAKEN BY THE PLANNINGCOMMISSION AT THEIR FEBRUARY 9, 2010 MEETING, BY UNANIMOUS

VOTE)

1. Z-18-09 - Poole Road, northeast quadrant of Norwood Street intersection **(WalnutCreek)

This request is to rezone approximately 1.20 acres, currently zoned Residential-6. Theproposal is to rezone the property to Shopping Center Conditional Use District.

CR-11361 from the Planning Commission finds that this request is inconsistent with the

Comprehensive Plan and, based on the findings and reasons should be denied.2. TC-7-09 - Front Yard Parking for Single Family Detached Dwellings

This text change amends the Zoning Code to regulate the front yard area of single familydetached dwellings by further limiting the area which may be devoted to driveways andparking areas, requires the driveway and parking areas to be paved or contain crushedstone with defined borders and requires vegetative screening in certain situations. Theproposed regulations will apply to all new driveway and parking areas and may requirecompliance of existing violations within one year of adoption.

CR-11362 from the Planning Commission recommends that this text change be approved,as revised.

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

During the past several meetings, discussion has taken place concerning the Clarence E.Lightner Public Safety Center. During the February 2, 2010, Council meeting, alternateproposals and additional questions were presented and it was directed that the item beplaced on this agenda for further consideration.
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/19PLANNING_Planning_Commission.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/20FINANCE_SI_CELPSC.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/20FINANCE_SI_CELPSC.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/19PLANNING_Planning_Commission.pdf


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2. Bus Shelters/Advertising - AmenitiesDuring the February 2, 2010, Council meeting, Councilor Gaylord asked about busshelters and advertising on bus shelters. It was reported that an amenity study has beenconducted and it was directed that the item be placed on this agenda to receive a status ofthe amenities study.

3. SP-77-09 - ACS Call Center and Parking Lot, 2641 and 2501 Sumner BoulevardDuring the February 2, 2010, Council meeting, a hearing was held to considerpreliminary site plan SP-77-09 - ACS Call Center and Parking Lot. Following thehearing, Council voted to approve the site plan and directed that the item be placed onthis agenda to consider approval of appropriate findings of fact and conclusions of law.

F. REPORT AND RECOMMENDATION OF THE CITY MANAGER1. Comprehensive Annual Financial Report (CAFR)

The Comprehensive Annual Financial Report (CAFR) of the City has been completed forthe year-ended June 30, 2009. The CAFR is the Citys official annual report and isprepared by the Finance Department. It has been audited by the certified public

accounting firm of Cherry, Bekaert & Holland, L.L.P. and their unqualified opinion onthe fair presentation of the financial statements is included within the CAFR. The CAFRincludes the auditors report on internal controls. This report concludes that the auditorsdid not identify any deficiencies in internal controls over financial reporting considered tobe material weaknesses, and no audit findings are reported. The auditors have alsoprovided the required SAS 114 letter which explains their audit responsibilities andprocedures.

It is appropriate for the City Council to accept the Citys Comprehensive AnnualFinancial Report. Perry James, Chief Financial Officer, and John House, Controller, willmake brief presentations.

Recommendation:

Accept the Citys Comprehensive Annual Financial Report.

2. NC-2-09/Banbury-Eton NCODOn October 20, 2009, the City Council approved a citizen's request and authorized staffto initiate a study of the built environmental characteristics of the Banbury-Etonneighborhood area. Upon cursory review by staff, it was determined that all threequalifying standards have been met: minimum size, age and developed area, therebylending eligibility for the proposed study. The petition was submitted by three propertyowners in the Banbury-Eton neighborhood. A map of the specified Banbury-EtonNeighborhood is in the agenda packet. The study area is approximately 41 acres in size,and contains 68 properties, two of which are vacant.

Recommendation:That no further action be taken. Staff held a neighborhood meeting on January 13, 2010,to present the study results. The petitioners and neighbors discussed the study results andensuing steps, and have decided not to move forward with a text change.

3. Falls Lake Update and Consensus PrinciplesThe City Manager and staff have been in discussions with the Managers of other localgovernments impacted by the Falls Lake cleanup since December. On February 9, 2010,the Chairs and Mayors Committee of the Triangle J Council of Governments heard a setof consensus principles developed by a smaller group. The Committee also had
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participation by Granville and Person Counties and towns in those counties. TheCommittee and the representatives from Granville and Person Counties unanimouslyapproved the Consensus Principles. The members of the Committee are presenting theConsensus Principles to their respective governing bodies for consideration with arecommendation for approval. The Consensus Principles embody a comprehensivestrategy for addressing all sources of nutrient loading which impact Falls Lake. The

strategy places an emphasis on Stage 1 recovery in a manner and timing which shouldallow Raleigh to avoid the installation of advanced treatment technologies at the EMJohnson Water Treatment Plant due to nutrient impact on the drinking water supply.

Recommendation:

Adopt the Consensus Principles as the City of Raleighs position on the NutrientManagement Strategy for Falls Lake and the implementing rules and authorize city staffto submit them to the Division of Water Quality and the Environmental ManagementCommission.

4. Federal Legislative Agenda - FY 2011Through the Congressional appropriations process, the City of Raleigh is planning to

request funding for 6 (six) priority projects in FY 2011 to include the Clarence E.Lightner Public Safety Center, purchase of new CAT buses, the expansion of the CitysFiber Network Technology, upgrades for the Police Department technology, theDempsey E. Benton Water Treatment Plant Backwater Waste Facility and installation ofDigital Lighting Management (DLM) Technology.

Recommendation:

Approve the Federal Legislative Agenda request for FY 2011 to Congress for funding of6 (six) projects.

G. REPORT AND RECOMMENDATION OF THE RALEIGH HUMAN RELATIONSCOMMISSION

1. Mayors Unity Day ReportThe 2010 Unity Day Breakfast and forum were held on Saturday December 5, 2009, atthe Raleigh Convention Center. The theme of the event was the Many Faces ofRaleigh. The objective of the program was to educate members of the public on waysour Citys population is changing and to engage them in discussions that would yieldrecommendations on improving the City of Raleighs outreach and development of aninclusive community. Over 80 citizens from across the city attended the event.

Recommendation:

Receive as information.

2. Raleigh Human Relations Commission Community Dialogues (Proposal)On December 5, 2009, the Human Relations Commission for the City of Raleigh hostedthe Mayors Unity Day Breakfast. This forum, whose theme was The Many Faces ofRaleigh, sought to inform citizens of the many ways in which Raleigh is beingtransformed into a diverse community and to engender honest dialogue about whether theCity of Raleigh is successfully addressing the needs that arise as a result of this transition.

Encouraged by feedback received from the participants in the Unity Day forum, theRaleigh Human Relations Commission proposes a series of community dialogues whosepurpose will be to educate members of the public about the ways Raleigh is changing, toencourage dialogue between diverse citizens and to develop recommendations directed to
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the Raleigh City Council for ways in which the City can better build an inclusivecommunity.

Recommendation:

Receive as information.

H.

REQUESTS AND PETITIONS OF CITIZENS (2:00 P.M. OR AFTER)1. Stacy McDonald would like to discuss damages relating to a sewer backup in the home at

5309 North Hills Drive.

2. Inocencia Rodriguez would like to request additional time to complete work on the houseat 105 North State Street.

3. Tom Harris, Jr. would like Council approval to receive bids for replacing a stormwaterpipe in the Lake Boone Trail right-of-way. This project is related to a recent stormmanagement drainage assistance petition filed with the City.

4. Richard Johnson, Johnson and Hamill Properties, LLC, would like to request extension oftime to complete work on homes at 504 South Saunders Street and 509 South SaundersStreet.

5. Richard Johnson, Reeds Point Properties, LLC and CitySpace, RP Properties, would liketo request a six-month extension relative to the demolition orders for houses located at614 and 616 Dorothea Drive.

6. Paul Brant, Holly Ridge Farm Homeowners Association, would like to request theCouncil to authorize the Planning Department to submit future land use map changerequested by the Holly Ridge Farm Homeowners Association during the 2030Comprehensive Plan Update review.

7. David Millsaps would like to present support for moving forward with the Clarence E.Lightner Public Safety Center.

8. Representatives of the Raleigh-Wake Citizens Association would like to voice supportfor the Clarence E. Lightner Center with conditions.

9. Reginald Clarkwould like to discuss TORT claims and letter he has received from theCity and State.

10. Delbert P. Gay, 7208 Tanbark Way, would like to appeal the denial of his claim relativeto damage caused by a dead tree.

I. MATTERS SCHEDULED FOR PUBLIC HEARING (2:00 P.M. OR AFTER)1. A hearing to consider the adoption of an ordinance authorizing the removal or demolition

of the non-residential structure as listed below and pursuant to the provisions of Section10-6195-D of the Code of the City of Raleigh:

LOCATION PROPERTY OWNER TAX ID NO. TIME LAPSE

3621 Glackens Court Whitewood Properties 0197578 186 days

2. A hearing to consider authorizing the purchase of real property from MacGregorDevelopment LLC. The property consists of approximately 49.27 acres at a purchaseprice of $1,495,080 over a 4-year, 11-month period with the payments being made in fiveequal installments. Additional information is in the agenda packet.

3. A hearing to consider the following petitioned annexations. If following the hearings theCouncil wishes to proceed, it would be appropriate to consider annexing the properties
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nc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/28CLERK_Citizen_Inocencia_Rodriguez.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/27CLERK_Citizen_Stacey_McDonald.pdf


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effective June 30, 2010, and adoption of a resolution placing the properties in CityCouncil electoral district B.

LOCATION

Arbor Chase SubdivisionRoundrock Business Park and Intervening CSX Railroad Right-of-way

4. During the January 19, 2010, Council meeting, a hearing was held to consider confirmingcharges for abating public nuisances at 468 Dacian Road in the name of Arlene B. andHenry Hollis in the amount of $325. At the request of the applicant, the hearing wascontinued until this meeting to allow him an opportunity to attend.

5. A hearing to consider the Substantial Amendment to the Community DevelopmentDepartments Five Year Consolidated Plan, which is required in order to adjust theallocation of CDBG-R funding for the St. Monicas Teen Center rehabilitation project.The adjustment is needed to meet the costs for the completion of the project.

J. REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMICDEVELOPMENT COMMITTEE

1. Water Rates - Home Dialysis PatientsThe Committee recommends that this item be removed from the agenda with no actiontaken.

The Committee requests that staff develop a funding program to provide assistance topersons/groups based on economic hardship for consideration by Council.

2. Capacity Fee Structure - Incentives/RebatesWater Conservation Recommendations

The Committee recommends adoption of an ordinance requiring all new landscapeirrigation systems installed after July 1, 2010, to have a smart controller. The Committeealso recommends that Administration develop a Green Star Incentive Program for

presentation back to Council. It is also recommended that the water nutrient reductionfee be increased by $350 effective July 1, 2010, and an additional $350 on July 1, 2011.

3. Parking - Distance from CurbThe Committee recommends adoption of an ordinance requiring when parking adjacentto a curb that the vehicle be within the marked parking space or within 12 inches of thecurb.

4. Items PendingItem #07-60 - Tarboro Road Area - Public Safety Concerns (11/3/09)Trains - Quiet Zones Downtown

K. REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNINGCOMMITTEE

1. TC-1-10 - Development Plan Review ProcessThe Committee recommends upholding the Planning Commission's recommendation forapproval of TC-1-10 - Development Plan Review Process as outlined in CR #11359 asamended. The amendments provide for minor clarifications, timing thresholds and Codecross-references as follows:
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a. To allow citizen requests for a copy of the Planning Commission's Certified Actionfrom the Chairperson of the Planning Commission at the hearing of the PlanningCommission (to be mailed or e-mailed upon completion) (pp. 12, 33).

b. Clarified the ordinance to be consistent with other sections of the Code regarding themeasurement of the 400-foot distance (r-o-w is to be included within the calculation,

which is how the 400-foot threshold standard is calculated by determining if a siteplan is required for dwellings located within 400 feet of the proposed development)(p. 11).

c. Cross-reference based on the changes made to Section 10-2132.2 (p. 26).

d. Specified minimum time thresholds for website postings of upcoming PlanningCommission hearings, website postings of development plans submitted forAdministrative review, and website postings of Administrative and PlanningCommission actions (pp. 11, 30, 32).

The Committee further recommends retaining in Committee for discussion the concept ofan independent tribunal for quasi-judicial hearings.

The Committee further recommends that staff be directed to prepare a flow chart of thedevelopment plan review process, as well as a notice of appeal.

2. Items PendingItem #07-10 - Tree Conservation Ordinance - Tree Survey (9/2/08)Item #07-60 - Hillsborough Street Streetscape and Parking Plan - Update (8/4/09)Item #09-02 - TC-11-09 - Soil and Sedimentation Control (2/2/10)

L. REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETYCOMMITTEE

1. No report.2. Items Pending

Item #09-01 Amplified Entertainment Ordinance (12/1/09Item #09-02 Sanderson Drive and Wake Drive - Traffic Concerns (12/1/09)Item #09-04 Pawnshops-Location (2/2/10)

M. REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE1. Street Improvements - Falls of Neuse Road

The Committee recommends adopting a resolution directing Phase II Falls of Neuse RoadRealignment and Widening as advertized. The Committee further recommends staffapproach NCDOT regarding the installation of a traffic light at the intersection of Falls ofNeuse Road and Tabriz Point/Lake Villa Way. If NCDOT denies the request, Staff isauthorized to re-study the intersection 3 months after to project is completed and

approach NCDOT with renewed request to install the traffic signal using City funds.2. Monument Sign - The Lakes Apartments

The Committee recommends upholding staffs recommendation to deny the request byThe Lakes Apartments to encroach on City right-of-way to install a monument sign.

3. Items PendingItem #07-68 - Stormwater and Public Utilities Systems - Possible Merger (10/20/09)Item #07-70 - Honeycutt Park Greenway - Concerns (11/3/09)Item #09-02 - Sewer AR 1312 - Planna Terra Annexation Area (12/1/09)
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Item #09-03 - Water AR 1339 and Sewer AR 1340 - Green Valley/Garden AcresAnnexation Area (1/5/10)

Item #09-04 - Traffic Concerns - Faircloth Street and Oberlin Road (1/5/10)Item #09-07 - Stormwater Drainage - Method Road (2/2/10)

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.

Arts Commission - Two Vacancies

No nominees

Civil Service Commission - One Vacancy

No nominees

Human Relations Commission - One Vacancy

No nominees

Parks, Recreation and Greenway Advisory Board - One Vacancy

Kevin Leeks (West/Baldwin)

Raleigh Transit Authority - One Vacancy

Craig Ralph (Crowder)

Stormwater Management Advisory Commission - Three Vacancies

Everette Knight (Crowder/Stephenson)

Ralph Thompson (Baldwin)Michael Burch (Baldwin/Gaylord)JoAnn Burkholder (McFarlane)

Substance Abuse Advisory Commission - One Vacancy

No nominees

P. REPORT AND RECOMMENDATION OF THE CITY ATTORNEYQ. REPORT AND RECOMMENDATION OF THE CITY CLERK

1. Minutes of the February 2, 2010, Council meeting will be presented.
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City Council Agenda Feb 16 2010

Documents

Transcript of City Council Agenda Feb 16 2010