Raleigh City Council Regular Session Minutes - 04/21/2015 · Web view2015/04/21 · The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, April

COUNCIL MINUTES

The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, April 21, 2015 in the City Council Chamber, Room 201 of the Raleigh Municipal Building, Avery C. Upchurch Government Complex, 222 W. Hargett Street, Raleigh, North Carolina, with the following present.

Mayor Nancy McFarlane, PresidingMayor Pro Tem John OdomCouncilor Mary-Ann BaldwinCouncilor Kay C. CrowderCouncilor Bonner GaylordCouncilor Wayne K. MaioranoCouncilor Russ StephensonCouncilor Eugene Weeks

Mayor McFarlane called the meeting to order. Invocation was rendered by Pastor Will Brown, True Gospel Pentecostal Church of Christ. The Pledge of Allegiance was led by Councilor Stephenson.

The following items were discussed with action taken as shown.

RECOGNITION OF SPECIAL AWARDS

CERTIFICATES OF APPOINTMENT – PRESENTATIONS MADE

Mayor McFarlane explained the Certificate of Appointment process and presented the following certificates: Centennial Authority – Rod Malone; Parks, Recreation and Greenway Advisory Board – Christopher Dillon.

PROCLAMATION – BIKE MONTH – PROCLAIMED

Mayor McFarlane read a proclamation proclaiming May as Bike Month in the City of Raleigh. The proclamation was received by Mike Dayton, Chair for the Bicycle and Pedestrian Advisory Commission for the City of Raleigh.

PROCLAMATION – ARBOR DAY – PROCLAIMED

Mayor McFarlane read a proclamation proclaiming Arbor Day in the City of Raleigh. The proclamation was accepted by Zack Manor, Urban Forester for Parks, Recreation and Cultural Resources Department. In receiving the proclamation, Mr. Manor talked about the number of trees which have been planted in the City of Raleigh since 2004 and how trees and greenery improves the quality of life. He expressed appreciation to the City Council for continued support of the work.

April 21, 2015Page 2

PROCLAMATION – MOTORCYCLE AWARENESS MONTH – PROCLAIMED

Mayor McFarlane read a proclamation proclaiming Motorcycle Awareness Month in the City of Raleigh. The proclamation was accepted by Charles Boone, Chapter President for the Concerned Bikers Association, Raleigh Chapter.

AQUATICS AWARD – PERSONNEL RECOGNIZED

City Manager Ruffin Hall recognized Terri Stroup, Parks, Recreational and Cultural Resources – Aquatics Facility and Program Director who was recently presented with the Best Aquatics Award for Green Practices for the Buffalo Aquatics Center. The award was presented during the Association of Aquatic Professional Conference held in February 2015. City Manager Hall talked about the award explained the honors provided to each recipient, Buffalo Aquatics Center being a super green facility whose crown jewel is the advanced HVAC system which dehumidifies while providing a heat source for the pool, including roof top solar panels and talked about how maintenance workers closely watch energy uses remotely via software program that lets them adjust settings and spot red flags for immediate repairs. Also present for the recognition were Dick Bailey, Design and Development Superintendent of the Parks, Recreation and Cultural Resources department.

PERSONNEL – PUBLIC UTILITIES – RECOGNIZED

City Manager Ruffin Hall pointed out the Public Utility Sewer Maintenance Division has received its ISO/14001:2004 Certification for conformance with the International Standards Organization for an Environmental Management System. This certification ensures the Department’s commitment to regulatory compliance, pollution prevention and continual improvement. ISO Certification is the internationally recognized standard for management systems that have high regard for environmental performance and requires annual onsite surveillance audits to ensure continuous improvements and compliance to standards. He stated the Sewer Maintenance Division provides maintenance and repair services for more than 2,400 miles of sanitary sewer lines throughout the City’s wastewater collection system and maintains over 930 miles of sanitary sewer easements. Representatives of the Sewer Maintenance Division present to receive the award included Mathew Vessie, Sewer Superintendent and Assistant Superintendants Tom Johnson, Kenny Neal and Dustin Tripp.

PERSONNEL – PUBLIC UTILITIES NC SOURCE WATER COLLABORATIVE 2015 AWARD – RECOGNIZED

City Manager Hall recognized the Public Utilities Department for being honored recently for a prestigious award by the North Carolina Source Water Collaborative. The North Carolina Source Water Collaborative is a statewide partnership of nonprofit organizations, university programs, state, local and federal agencies, professional associations and regional Councils of Government. The City received an award in the Surface Water Implementation category for its Watershed Protection Program. City Manager Hall indicated the North Carolina Source Water Protection Awards Program was created to acknowledge candidates that demonstrate innovative


and collaborative solutions to protect North Carolina’s drinking water and the watersheds that support it. The City was recognized for it pioneering Watershed Protection Program which has helped permanently protect approximately 3,600 acres and 44 miles of stream within the City’s water supply watersheds.

Ed Buchan, Environmental Coordinator and Leigh Ann Hammerbacher, Conservation Specialist were present to accept the award on behalf of the department. Mr. Buchan expressed appreciation for the support the City Council shows the Public Utilities Department.

City Manager Hall asked all public utility staff present to stand and be recognized.

AGENCY GRANTEE PRESENTATION – TAMMY LYNN CENTER – COMMENTS RECEIVED

Holly Richards, Jeana Ellis and Sarah Crawford, representing the Tammy Lynn Center were present to talk about their program, the emphasis of their programs and the number of hours spent with their Early Childhood and Building Blocks programs. The group expressed appreciation to the City Council for the continued support which has helped them be a successful program.

Mr. Odom stated if Council members have not had an opportunity to tour the Tammy Lynn Center they should do so and commended all for a job well done.

CONSENT AGENDA

CONSENT AGENDA – APPROVED AS AMENDED

Mayor McFarlane presented the consent agenda indicating all items 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 agenda and considered separately. She explained the vote on the consent agenda will be a roll call vote. Mayor McFarlane stated she had received requests from Ms. Crowder to withdraw the Falls Lake Water Quality Pilot project and Solid Waste – Storm Debris Removal Program from the Consent Agenda. Without objection, those items were withdrawn from the consent agenda. Mr. Baldwin moved approval of the consent agenda as amended. Her motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. The items on the consent agenda were as follows.

FIRE DEPARTMENT – DONATION OF SURPLUS PROPERTY – RESOLUTION ADOPTED

State law provides authority for units of local government to donate property to another governmental unit within the United States, a sister city, or to a nonprofit organization. Staff desires to donate equipment no longer of use to the City which can be utilized by several volunteer fire departments.


The equipment includes 38 air packs and 84 spare bottles and masks from the Raleigh Fire Department to be donated to the Pactolus Volunteer Fire Department, Hobgood Volunteer Fire Department, Rich Square Volunteer Fire Department, and the East Wake Fire Department. This equipment is estimated to be of nominal value and is in fair condition.

The requirement for public notice has been met and staff recommends adoption of a resolution authorizing the transfer of equipment.

Recommendation: Adopt the resolution. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes. See Resolution 87.

ANNEXATION PETITIONS – VARIOUS – REFERRED TO CITY CLERK TO CHECK SUFFICIENCY AND SCHEDULE HEARINGS

The agenda presented the following petitions for annexation.

Area Name Petitioner Acres Proposed UseContiguous Petition Massey Preserve, Phase Three

David E. Gorocke/KLP Massey Preserve, LLC

16.97 Residential

Saintsing Properties Thomas S. Erwin/Manager/Saintsing Properties, LLC

3.91 Commercial

Recommendation: Acknowledge the annexation petitions and direct the City Clerk to check the sufficiency pursuant to State statutes and if found sufficient authorize advertisement for public hearing on May 19, 2015. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes.

SUMMIT TECHNOLOGY/PEOPLESOFT - AMENDMENT #2 – APPROVED; TRANSFER AUTHORIZED

Staff recommends and amendment to the existing professional services agreement with Summit Technology, Inc. to provide offsite and onsite application support of the PeopleSoft software application. Support activities include database and application administration, testing requirements associated with the upgraded version 9.2 environment, and system recovery and troubleshooting. A request for proposals (RFP) process is underway for managed services, which could include hosting of the PeopleSoft application. The amendment provides uninterrupted PeopleSoft application support until the managed services RFP process concludes. Terms of the amendment will not exceed $251,570 and require work to be complete by September 30, 2015. A transfer in the amount of $63,420 is required to fund the contract; accounting detail is included with the agenda packet. The balance of funding is appropriated in the project budget.

Name of Project: PeopleSoft Support


Managing Division: Information Technology – IT Application Support

Request Reason: Contract Amendment Approval (Contract Amendments >$150,000)

Cause of Contract Amendment: Continue onsite and offsite support of PeopleSoft application

Vendor: Summit TechnologyPrior Contract Activity: Original Contract $100,000Amendment One (Administrative): $49,000Currently Encumbered: $149,000Amount of this Contract Amendment: $102,570Encumbered with this Approval: $251,570

Recommendation: Authorize the City Manager to execute the contract amendment and authorize a budget transfer in the amount of $63,420; accounting detail was included with the agenda packet. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes. See Ordinance 426 TF 249.

PULLEN ROAD EXTENSION – PUBLIC/PRIVATE AGREEMENT – MANAGER AUTHORIZED TO EXECUTE

The City has developed a three-party agreement with North Carolina State University (NCSU) and the Catholic Diocese of North Carolina for the purpose of extending Pullen Road from Western Boulevard to Centennial Parkway. This street extension is consistent with the City’s 2030 Comprehensive Plan and will help improve safety and congestion along Western Boulevard. The project proposes to construct a three-lane curb and gutter section with medians, sidewalks, bike lanes, street trees, and street lights. Upon completion, street improvements would be maintained by the City.

The cost of the project is estimated to be $3.0 million, with the City responsible for 50% of the cost and NCSU and the Diocese each responsible for 25%. The Diocese and the University will also contribute the land necessary for right-of-way and easements for the new street; the Diocese will be responsible for project design. Under this agreement, the Diocese will not be responsible for assessments or for fee-in-lieu payments for street improvements associated with the cathedral site plan. The City will be responsible for construction management of the project, which will follow the City’s standard process for capital project development and public involvement. Funding for the City share is appropriated from prior transportation bond proceeds previously identified for use with public/private partnership opportunities; a copy of the draft agreement was included with the agenda packet.

Recommendation: Authorize the City Manager to execute the agreement. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes.


BANKING SERVICE – WELLS FARGO CONTRACT AMENDMENT #1 – APPROVED

The City currently contracts for banking services, lockbox service for utility payments and ATM services with Wells Fargo Bank. The existing contract provides an option to renew for two additional three-year periods at the end of the initial term, which expires on April 30, 2015. It is desirable to exercise that option, extending the current contract term through April 30, 2018. Under the terms of the extension option, pricing will increase approximately 2%, which is moderate considering increases in the original agreement are capped at a 5% maximum increase. Net banking fees are offset by an account balance earnings credit rate which averages $13,000 per month.

Name of Project: Banking ServicesManaging Division: Finance – TreasuryRequest Reason: Contract Amendment Approval (Contract

Amendment >$150,000)Cause of Contract Amendment: Contract ExpirationVendor: Wells Fargo Bank, N.A.Prior Contract Activity: (Council approve January 17, 2012),

original contract (May 1, 2012-April 30, 2015) – three-year term ($945,000), option of two additional three-year periods

Currently Encumbered: $530,000 Utility Lockbox Fees ($415,000 Core banking drafted from account)

Amount of this Contract Amendment: $347,000 per year – $1,041,000 – three-year term

Encumbered with this Approval: $557,000 Utility Lockbox (adds two month’s FY15 lockbox)$453,000 Lockbox to be encumbered from future budgets$561,000 Core banking to be drafted from future budgets

Recommendation: Authorize the City Manager to execute the contract amendment. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes.

LAKE BENSON ACCESS – INTERLOCAL AGREEMENT WITH TOWN OF GARNER – MANAGER AUTHORIZED TO EXECUTE

On April 29, 2010, the D.E. Benton Water Treatment Plant was commissioned and the City returned to the Swift Creek lake system as a source of drinking water. Water levels at Lakes Benson and Wheeler now fluctuate with the demand of the customer base and the natural inflows to both reservoirs. Recreational activities are impacted by these changing water levels resulting in times when Lake Benson cannot be accessed by boat. This also impacts the City’s ability to undertake water quality monitoring, aeration system maintenance, and nuisance aquatic weed control.


As part of a mitigation plan to address impacts to lake water levels, staff from Public Utilities, the City Attorney’s Office, and the Town of Garner has negotiated an interlocal agreement regarding Lake Benson access. Terms have been identified to recognize the impacts on recreational activities and to facilitate the development of a new access point to Lake Benson in future years.

Recommendation: Authorize the City Manager to execute the interlocal agreement. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes.

ROBERT HALF INTERNATIONAL TEMPORARY STAFFING - AMENDMENT #1 – APPROVED

The City utilizes temporary staffing to fill vacant positions and to augment customer service needs in the utility billing call center. The current contract with Robert Half International expires June 30, 2015. Since there is a continued need for temporary staffing the following amendment is requested to extend the contract to June 30, 2016 and increase the contract amount to $194,000.

Name of Project: Utility Billing Temp ServicesManaging Division: Public Utilities – Utility BillingApproval requests: Professional Services Contract AmendmentReason for Council review Contract Amendment >$150,000 (Council policy)Cause of contract amendment: Continued need for use of Temp ServicesVendor: Robert Half InternationalOriginal Contract Amount $149,000Amendment Number One: $45,000New Contract Amount: $194,000

Recommendation: Authorize the City Manager to execute the contract amendment. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes.

ENCROACHMENT – 7300 ACC BOULEVARD – APPROVED

A request has been received from Clinton Investments, LLC to install approximately 180 feet of fiber optic cable beneath ACC Boulevard to service a private business location. A report was included with the agenda packet.

Recommendation: Approve the encroachment subject to completion of a liability agreement and documentation of proof of insurance by the applicant. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes.


ENCROACHMENT – 227 FAYETTEVILLE STREET – APPROVED

A request has been received from LRC 227, LLC to establish a legal encroachment into public right-of-way beneath Fayetteville Street and the Exchange and Market plazas. This is a pre-existing condition; construction of the structure and basement facility occurred between 1963 and 1964 but no record to authorize an encroachment into the public right-of-way has been located. The encroachment includes the roof of the subsurface structure and two 6-inch fire service lines. A report was included with the agenda packet.


ENCROACHMENT – 616 SOUTH SALISBURY STREET – APPROVED

A request has been received from Salisbury Street Hotel, LLC to install pavers, tree pits, and passenger drop off area. A report was in the agenda packet.


ENCROACHMENT – 421 FAYETTEVILLE STREET/BANK OF AMERICAN BUILDING – VARIOUS ACTIONS APPROVED

Highwoods Realty Limited Partnership (Highwoods), owner of the One Bank of America Plaza building (“Bank of America building”) has plans for exterior improvements to the building. These improvements include extending the entirety of the west face of the structure which fronts City Plaza to the property line. The owner plans to improve the exterior of the Bank of America building requiring a portion of City Plaza to be fenced off for construction purposes, including but not limited to scaffolding work on the Bank of America building as well as construction staging. The owner will also need to utilize a portion of City Plaza for storage of a construction dumpster; location and schedule to be coordinated with the City Special Events Office.

Construction work on the Bank of America building includes the erection of scaffolding on the south face of the building, requiring that a portion of the City’s Charter Square North Tower Unit property also be fenced off for safety purposes. Highwoods is requesting a temporary construction license be granted to cover those portions of City Plaza and the Charter Square North Tower Unit property needed for construction on the Bank of America building. The building renovation also includes improvements to the Wilmington Street entrance of the building that will require modifications to the traffic signal at the intersection of Wilmington and Cabarrus streets.

In addition to the conditions noted above, there is an existing alcove between the property line and the building entrance which fronts City Plaza. This alcove is subject to a City of Raleigh


pedestrian access easement (the “OBAP Paver Easement”) that provides for public access between City Plaza and the Bank of America building. The OBAP Paver Easement was conveyed to the City by the previous owner of the Bank of America building as part of the Amended City Plaza Agreement. This agreement has governed the redevelopment and subsequent use of City Plaza. Highwoods plans to improve the exterior of the building requires the City to relinquish its rights in and to the OBAP Paver Easement.

Recommendation: Authorize the Mayor to execute an amendment to the City Plaza Agreement once the City Manager and the City Attorney have finalized terms with Highwoods. Authorize the City Manager to execute a Construction License Agreement with Highwoods following finalization of the agreement by the City Manager and City Attorney. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes.

BUDGET AMENDMENTS – POLICE YOUTH PROGRAM/ENVIRONMENTAL AWARDS PROGRAM/STANHOPE CENTER – APPROVED – ORDINANCE ADOPTED

The agenda presented the following recommended budget amendments.

Police – Youth Program

A budget amendment in the amount of $11,000 is recommended to appropriate a donation from the National Recreation and Park Association for youth programs operated by the Youth and Family Services Unit. Accounting detail was included with the agenda packet.

Recommendation: Authorize a budget amendment in the amount of $11,000.

Office of Sustainability - Environmental Awards Program

A budget amendment in the amount of $4,180 is recommended to appropriate private funding donated in support of the annual Environmental Awards program. Accounting detail was included with the agenda packet.

Recommendation: Authorize a budget amendment in the amount of $4,180.

Finance - Stanhope Center Residential Community

On January 18, 2011, City Council approved a resolution in support of a student residential development by Stanhope Properties LLC (Stanhope). The Stanhope property is located within the boundaries of the Hillsborough Street Municipal Service District (MSD). Stanhope was organized as a non-profit entity to provide affordable and safe housing and parking accommodations exclusively for students of multiple educational institutions. Stanhope applied for and was granted an exemption from assessment of ad valorem property taxes.


Stanhope agreed, in a related operating agreement, to make an annual payment-in-lieu of taxes (PILOT) to the City in an amount equal to the Special District tax for the MSD. In accordance with terms of the non-binding agreement, the City has billed Stanhope for $77,517, an amount equivalent to the FY14 and FY15 Hillsborough Street MSD tax assessment. In the future, Stanhope will make annual PILOT payments to the City for an amount equal to City property taxes following retirement of the project loan.

It would be appropriate for PILOT proceeds to be used for municipal district services provided by Hillsborough Street Community Service Corporation (HSCSC). These services could include regular support services performed by the HSCSC, or be allocated to supplemental items and programs such as the Southwest Raleigh project; the Southwest Raleigh project is an agenda item for the April 21 regular work session.

In future years PILOT payments by Stanhope and subsequent distribution to the HSCSC will be appropriated in the annual budget; at this time it would be proper to authorize a budget amendment to appropriate the FY14 and FY15 revenue establish the expenditure line item.

Recommendation: Authorize a budget amendment in the amount of $77,517. Accounting detail was included with the agenda packet. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes. See Ordinance 426 TF 249.

RICHLAND CREEK SANITARY SEWER REPLACEMENT PROJECT – CONDEMNATION REQUEST – RESOLUTIONS ADOPTED

Staff has performed an Inflow and Infiltration Study for the Wake Forest service area and the study revealed several deficiencies for the Richland Creek area of the sewer collection system. Improvements are necessary to prevent Sanitary Sewer Overflows, accommodate current wet weather flow, and provide future capacity for the Town of Wake Forest. This project begins in the City of Raleigh service area along Richland Creek and continues beyond Durham Road in the Town of Wake Forest. It involves the installation of 29,340 linear feet of 8-inch through 36-inch gravity sewer along the Richland Creek corridor. There are also City of Raleigh project components including 1,780 linear feet of 12-inch water line in Durham Road and replacement of the Richland Creek Sewer Siphon Box at the Neuse River. At an estimated $11.1 million construction cost – Town of Wake Forest merger costs $9.1 M and City of Raleigh costs $2 M – the acquisition of easements from property owners in the project corridor has been ongoing. Timely easement acquisition is a critical element to the project schedule.

At this time negotiations have been unsuccessful with the following property owners to acquire necessary easements for the project.

Property Owner: BRE DDR BR Capital PlazaSite Location: 11817 Retail Drive

Property Owner: Center 207, LLCSite Location: 11041 Common Oaks Drive


Property Owner: Caveness Partners, LLCSite Location: 11536 Capital Boulevard

Recommendation: Approve the condemnation requests. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes. See Resolutions 88, 89 and 90.

CONDEMNATIONS – SIMMONS BRANCH DRAINAGE IMPROVEMENT – PHASE II – RESOLUTION ADOPTED

Staff has completed a study of the Simmons Branch Watershed. That study identified several water quality and quantity improvements needed within the study area. A very long culvert along Swift Drive was identified as being undersized and failing at several properties along Swift Drive. The City has plans to replace an existing 8-foot-wide by 5-foot-high box culvert with a 20-foot-wide by 5-foot-high box culvert between Pineview Drive and Merwin Drive along Swift Drive. In order to keep this project on schedule, it is necessary to complete our easement acquisition process. At this time, negotiations have been unsuccessful with the following property owners to acquire necessary easements for the project.

Property Owner: Elwin R. Thibault and Melissa R. ThibaultSite Location: 3731 Swift Drive

Recommendation: Approve the condemnation request. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes. See Resolution 91.

TRANSFER – HORSESHOE FARM NATURE PRESERVE PHASE I – ORDINANCE ADOPTED

Staff recommends additional funding be allocated to the Horseshoe Farm Nature Preserve Phase 1 construction project to cover adjustments for overage of unit price items; associated work not covered in the original bid documents due to unforeseen circumstances; and design and construction changes associated with revisions to construction of the pond, dam, and Horse Shoe Farm Road. Funds are available in the Parks and Recreation Fund Reserve and represent residual funds from projects that have been completed. Accounting detail was included with the agenda packet.

Recommendation: Authorize a budget transfer in the amount of $200,000. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes. See Ordinance 426 TF 249.

FIVE POINTS DRAINAGE IMPROVEMENT PROJECT – SM2015-0062 – BID AWARDED TO PIPELINE UTILITIES

On March 20, 2015, two formal bids were received and publicly opened from contractors for the proposed drainage improvements to reduce flooding at the intersection of Fairview Avenue/Myrtle Avenue/Reid Street. The project had been bid twice previously (under SM2014-


0062), but no contract was awarded; only two bidders submitted bids during the first bid process, and staff could not justify the cost proposed on second bid. Pipeline Utilities had the low base bid at $555,715. Small Disadvantaged Minority Women Owned Business (SDMWOB) participation is 11.34%. Funding is appropriated in the current FY15 capital budget.

Name of Project: Five Points Drainage ImprovementsManaging Division: Public Works–Stormwater Management DivisionApproval Request: Bid AwardReason for Council Review: Formal Bid AwardOriginal CIP Budget: $2,250,000Construction Bid Award: $555,715Vendor: Pipeline Utilities, Inc.Prior Contract Activity: N/AEncumbered with this approval: $555,715

Recommendation: Award the bid to Pipeline Utilities in an amount of $555,715, and authorize the City Manager to execute the contract. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes.

TRAFFIC – VARIOUS CHANGES – ORDINANCE ADOPTED

The agenda presented recommended changes in the traffic code relating to speed limit reduction on Tonsler Drive pursuant to valid petition meeting requirement of the neighborhood traffic management program; Material Loading zones – Harrington Street at the request of HQ Raleigh for loading area at their main entrance and a two-hour parking zone on Harrington Street as a result of a request received from LGBT Center.

The agenda outlined the exact locations involved.

Recommendation: Approved as outlined and authorize the appropriate changes in the Traffic Code as included in Council Members agenda packet. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes. See Ordinance 427.

END OF CONSENT AGENDA

FALLS LAKE WATER QUALITY – PILOT PROJECT OF THE CITY OF DURHAM – LETTER OF SUPPORT AUTHORIZED

The City of Durham is actively exploring emerging technologies as part of a multi-strategy approach to comply with the Falls Lake and Jordan Lake Nutrient Management Rules. One such technology is called an Algal Turf ScrubberTM or ATS. The City of Durham seeks to pilot this process for 12-15 months using a system that would withdraw and then return as much as 28,800 gallons of water per day from Falls Lake at the I-85 crossing. The ATS process differs from the controversial Solar Bees utilized in Lake Jordan.


The United States Army Corps of Engineers has asked the City of Durham to provide a letter of permission from the City of Raleigh to allow the withdrawal. Staff supports the request in the spirit of cooperation embodied by the Consensus Principles not as a replacement for source control strategies, but as a complimentary investment to achieve the Stage II reductions suggested in the Nutrient Management Rules.

Recommendation: Authorize the City Manager to issue a letter of support for the pilot project.

Ms. Crowder stated she withdrew this from the consent agenda as she would like to know exactly what ATS is and what it does. She stated if the City of Raleigh writes a letter supporting Durham’s project, she would like to know if the City of Raleigh gets into a drought situation what type protection or agreement we would have to ask Durham to stop the pilot project.

Assistant Public Utilities Director Waldroup talked about the process and pointed out he had talked with his counterpart in Durham and they agreed if the City enters into stage 2 the pilot project would be discontinued as long as Raleigh stays in stage 2. Ms. Crowder pointed out she understands you can do any scale of this project, the back up materials talks about small, medium or large and questioned Durham’s program.

Michelle Woolfolk, City of Durham explained at this point they are doing the pilot study. After the pilot study is done, Durham will decide whether or how to proceed. Mr. Odom moved approval as outlined. His motion was seconded by Mr. Stephenson and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

STORM DEBRIS REMOVAL – FUNDING FOR CROWDERGULF, LLC – FUNDS APPROPRIATED

On March 19, 2015 Council authorized activation of the City’s pre-position contract with CrowderGulf, LLC for collection of vegetative storm debris related to the February winter weather. Initial estimates of debris amounts by staff and the contractor calculated 15,000 tons of debris to be collected. At the contract rate of $7.00 per cubic yard for debris removal and disposal, $105,000 was initially encumbered against the contract. As collection efforts continued, the contractor discovered initial projections were substantially underestimated and following discussion with staff the contractor continued with collection efforts. Upon completion of work, a total of 29,968 cubic yards had been collected; the amount due to the contractor at the pre-established rate totals $208,761. A transfer in the amount of $103,740 is recommended; accounting detail was included with the agenda packet.

Recommendation: Authorize a budget transfer in the amount of $103,740.

Ms. Crowder stated she withdrew this from the consent agenda pointing out as she rides through her neighborhood, she still sees piles of debris that need to be picked up. She questioned if we could ask Solid Waste Services employees when they are going about doing their normal pick ups to pick up these piles even if they are not in containers or tied as per city procedures. Solid Waste Services Director Battle pointed out if Ms. Crowder or any Council member has locations


to give him the addresses and the situation could be taken care of. Ms. Crowder stated she appreciated that but her question is when our solid waste people are going about their regular pickups if there is any reason why they could not pick up these piles at that time. Mr. Battle pointed out the employees can tag those piles so the property owners would know what to do. Ms. Crowder again stated she understood but pointed out most of the piles she is talking about are not prepared properly. She stated it seems that when the large pick ups were ongoing that some of the piles seem to be missed as they appear to have been there for quite some time. She stated she is simply saying while solid yard waste employees are traveling through the streets picking up yard waste to pickup any piles they see that may have been left. Mr. Battle again stated if addresses are given to him he would make sure that it was taken care of. Ms. Baldwin moved approval of the recommendations as outlined. Her motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Ordinance 426 TF 249.

REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION

REZONING Z-5-15 – BLAND ROAD – PUBLIC HEARING SCHEDULED FOR JUNE 2, 2015

This is a request to rezone property from R-6 to OX-3.

CR11625 indicate the Planning Commission finds the request consistent with the Comprehensive Plan and recommends approval. Staff recommends that a public hearing be scheduled for June 2, 2015. A public hearing must occur no later than July 7, 2015. Mr. Stephenson moved approval. His motion was seconded by Mr. Odom and put to a vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

REZONING Z-6-15 – BLAND ROAD – PUBLIC HEARING SCHEDULED FOR JUNE 2015

This is a request to rezone property from R-6 to OX-3-CU.

CR11626 indicates the Planning Commission finds the request consistent with the Comprehensive Plan and recommends approval. Staff recommends that a public hearing be scheduled for June 2, 2015. A public hearing must occur no later than July 7, 2015. Mr. Stephenson moved approval as outlined. His motion was seconded by Mr. Odom and put to a vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

REZONING Z-27-14 – CITY WIDE REMAPPING OF UDO ZONING DISTRICTS – PUBLIC HEARING SCHEDULED FOR JULY 7, 2015; WORK SESSIONS SCHEDULE ANNOUNCED

This is a request for Citywide Remapping of UDO Zoning Districts. The rezoning would apply to approximately 30% of the City.


CR11627 indicates the Planning Commission finds the request consistent with the Comprehensive Plan and recommends approval. Staff recommends that a public hearing be scheduled for July 7, 2015.

Planning Commission Chair Steven Schuster pointed out the Planning Commission is very pleased to deliver to the Council the first of all of the residential remapping proposals. He stated this includes over 35,000 parcels. He pointed out leading up to this delivery was six months of work including 40 hours of testimony, 600 individual requests, etc. He stated still it was a successful process and there were very few disagreements, most related to frontage and height. He stated the Planning Commission was working on the remapping and did not feel that these larger issues such as frontage and height should be considered in the remapping process. He stated when this goes to public hearing, he feels that the Council will hear comments on height and frontages but they see those as different issues and remapping is not the place to address those issues.

Mr. Stephenson expressed appreciation to the Planning Commission for all of their work pointing out he is sure when members agreed to serve on the Planning Commission they did not expect such a workload. He expressed appreciation to all involved.

Planner Travis Crane indicated the Planning Commission has been working on this since October. They have been on full time duty. He expressed appreciation for all of their work. Mr. Crane stated he feels we need to look at scheduling special work sessions on the remapping process. Staff suggests that in the first few work sessions that staff will introduce topics, etc., and if the Council has specific topics they should make those requests to staff.

Mayor McFarlane stated she feels we should do much the same as budget work sessions. She suggested holding remapping work sessions starting in May on each Monday from 4:00 to 6:00 p.m. She stated she knows that there are some items and topics that staff will bring forth but if Council members have other items or topics to please notify the Planning Department. She stated without objection, we would schedule the work sessions for each Monday in May from 4:00 p.m. to 6:00 p.m.

Mr. Odom moved approval of the recommendation to schedule the public hearing for July 7, 2015. His motion was seconded by Mr. Stephenson and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

SPECIAL ITEMS

REZONING Z-16-14 – VARSITY DRIVE – DENIED

During the April 7, 2015 Council meeting, the Council received revised conditions dated March 31, 2015 for Rezoning Z-16-14. Concerns were expressed and the applicant asked for additional time in order to consider amending the conditions. It was directed that the item be placed on this agenda for further considerations.


Mr. Maiorano stated he has been excused from participation in the past on this item therefore left the table.

Mayor McFarlane pointed out there has been a lot of discussion about this case and she appreciates all of the work of the Comprehensive Planning Committee dealing with conditions, etc. She stated however the massing of the building facing Avent Ferry Road is a concern. She appreciates the desire to use the urban form however there is no first floor retail nor pedestrian amenities, etc. She is concern about the building. Mr. Odom pointed out he doesn’t have concerns but it is not in his district. Ms. Crowder moved approval of the rezoning with conditions dated March 31, 2015. Her motion was seconded by Mr. Odom and put to a vote with results as follows: Ayes – 4 (Odom, Weeks, Gaylord, Baldwin); Noes – 3 (Crowder, Stephenson, McFarlane) Maiorano excused from participation in this vote. The Mayor ruled the motion defeated on a 4-3 vote.

TRAFFIC CALMING – CURRITUCK DRIVE – APPROVED AS AMENDED

During the April 7, 2015 Council meeting, the Public Works Committee was prepared to recommend, by split vote, upholding the staff recommendation to proceed with the traffic calming project on Currituck Drive as presented. Questions were asked about possible modifications to the plan and feedback received from the residents. It was directed that the item be placed on this agenda, and staff was asked to provide a report on possible alternatives for the traffic circles and respond to feedback from the citizens.

Traffic Engineer Jason Myers explained at the April 17, 2015 Council meeting the Council asked staff to provide alternatives to the traffic circle and investigate ways to reduce the cost. He stated staff has developed alternatives for 4 locations as follows:

Location A – near Lassiter Mill – the alternative treatment would remove the curb extension from the project for a cost savings of some $5,000. There would be no on-street parking lost and it would include elimination of any treatment serving to reduce speeds on downhill sections from Lassiter Mill or acting as a gateway feature.

Location F Macon Street intersection and the location of a proposed neighborhood traffic circle. The alternative would be replace the circle with a single median which would provide a cost savings of some $8,600; provide more familiar design, no significant impacts to large vehicle access, improved pedestrian safety with a two-stage pedestrian crossing, lost of 6-8 parking spaces, and would provide less speed reduction due to the higher design speed of 30 mph to 35 mph compared to around 15 mph for a traffic circle.

Location G - Yadkin Drive intersection. The alternative would remove the curb extension from the project, install appropriate crosswalks, provide a cost savings of some $22,000; provide improved pedestrian visibility, be a lost of aesthetic enhancements and a gateway feature for Currituck, provide no improvement in pedestrian crossing exposure and would be a lost of an opportunity to install devices to improve water quality.


Location T - Tyrrell Road - location of a proposed neighborhood traffic circle. The alternative would remove the traffic circle and staff could investigate and evaluate a 4-way stop and crossing. The alternative would provide a cost savings of $20,500, provide more familiar design, have no significant impacts to large vehicle assess and would have a loss of aesthetic enhancements and a gateway feature for Currituck.

Mr. Myers pointed out the original concept was some $4,013 and the proposed or the modified concept would be some $356,900 pointing out most of the cost for the project in general related to sidewalk and sidewalk ramps.

Mr. Maiorano expressed appreciation to staff and the residents along the street and the community for their work on this project. He stated this is a challenging process that has been on-going for quite some time and the alternative presented provides a good compromise. He stated something should be done and he thinks the alternative as presented is good therefore moved approval of the traffic calming on Currituck Drive utilizing the modified concept. His motion was seconded by Mr. Weeks and put to a roll call vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

TRAFFIC CALMING – TOWN AND COUNTRY ROAD – REFERRED TO STAFF FOR ADDITIONAL INVESTIGATION

During the April 7, 2015 Council meeting, the Public Works Committee was prepared to recommend, by split vote, upholding the staff recommendation to proceed with the traffic calming project on Town and Country Road with the understanding curb and gutter will be added to the traffic circle. The Council asked that this item be held for two weeks and asked staff look at alternatives to the traffic circle and provide a recommendation and/or report.

Traffic Engineer Jason Myers indicated at the April 7, 2015 public hearing on this issue the City Council asked staff to go back and provide alternatives for the Kingsley Road section of this traffic calming project. Mr. Meyers pointed out staff has developed six alternatives. He explained the location and the proposed treatments at Kingsley Road area. He explained the existing conditions which show 1,080 feet between the Tuscany Woods Court and Misskelly Drive. He stated at Misskelly and Tuscany Woods Court intersections, Town and Country Road has been widened due to development. He presented information which provided no treatment at the Kingsley Road intersection and talked about the proposed treatment of the traffic circle which would help limit speed limits, limit left turns, generally less expensive, etc, and gave examples of how the traffic circle treatment would be handled.

Mr. Meyers went through the alternatives explaining the advantages and trade offs of the alternatives: Alternate D-1 – Neighborhood Traffic Circle without curb and gutter on the corners; Alternate D-2 – Neighborhood Traffic Circle with curb and gutter on corners; Alternate D-3 Mini Roundabout; Alternate D-4 speed humps; Alternate D-5 Speed message signs; Alternate D-6 curb and gutter with medians and lateral shifts. He presented visualizations of the various alternatives. Mr. Odom questioned if the community has seen the alternatives with Mr.


Meyers indicating they have not. Mayor McFarlane pointed out she has concern about the traffic circle and had concerns about putting in parcel curb and gutter and questioned how that would work. Mr. Myers talked about the existing conditions and discussions centered around the fact the proposed curb and gutter would not connect to other intersections. Mayor McFarlane questioned why speed humps were not being proposed. Mr. Myers pointed out speed humps would slow the traffic down however he understands the initial feedback was that neighbors did not want speed humps. Transportation Planner Eric Lamb indicated this started out as a speed hump project, talked about the number of cars and the feed back most of the feedback came from outside of the community with it being pointed out Town and Country is utilized heavily as a cut-through. Mr. Meyers pointed out some of the residents along the street have said they are fine with speed humps.

Ms. Baldwin suggested approving the installation of speed humps on Town and Country and staff could provide a report back to Council at the end of six months as to whether it is working. Her motion was seconded by Ms. Crowder.

Brief discussion took place with Ms. Baldwin pointing out what she is talking about is getting rid of the traffic circle and going with speed humps. Whether she is referring to Alternative D-4 or speed humps in the entirety was talked about. The cost effectiveness and safety issues were discussed as was the fact that the residents had worked hard to get their project at the table. Mr. Maiorano stated he feels D-4 would be the best alternative. The difference in Alternative D-4 and speed humps was talked about. Ms. Baldwin and Ms. Crowder withdrew their motion. Mr. Maiorano moved that the staff go back to the neighborhood and talked with them about Alternative D-4 and an alternative of speed humps only and report back to Council. His motion was seconded by Ms. Baldwin and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

REPORT AND RECOMMENDATION OF THE CITY MANAGER

HILLSBOROUGH STREET COMMUNITY SERVICE COOPERATION – MARCHELL ADAMS DAVID – APPOINTED

The bylaws of the Hillsborough Street Community Service Corporation specify that Council appoint the City Manager or designee as a member of the corporation’s Board of Directors

The City Manager desires to designate Marchell Adams David, Assistant City Manager, as provided for in the bylaws. Council approval of the designee is recommended.

Recommendation: Approve the appointment.

Mr. Odom moved approval. His motion was seconded by Mr. Maiorano and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.


TEXT CHANGE – UNITED DEVELOPMENT ORDINANCE AMENDMENTS – REFERRED TO STAFF TO DEVELOP TEXT CHANGE FOR SUBMISSION TO PLANNING COMMISSION

Staff requests authorization to explore amendments to section 3.4 of the Unified Development Ordinance. During discussions with downtown developers, a few of the frontage standards have been identified as needing clarification or potential amendment. Staff has received comments related to allowed building types, pedestrian entrance spacing, build-to requirements and parking structure requirements. Should Council authorize the text amendment, the Planning Commission would review the proposed amendments and make a recommendation to the City Council.

Recommendation: Authorize staff to draft a text change to explore clarification and potential amendments to section 3.4 of the Unified Development Ordinance and refer the text change to the Planning Commission for review and recommendation.

Planner Travis Crane explained the item and how it came about. He stated during discussions with various developers, etc. staff felt that some clarification is needed. There were questions about pedestrian entrance spacing that should be clarified also. Mr. Odom moved the recommendation as outlined be upheld. His motion was seconded by Mayor McFarlane and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

WAKE COUNTY TRANSIT INVESTMENT STRATEGY – INTERLOCAL AGREEMENT AMENDMENT TWO – APPROVED – BUDGET AMENDED

On August 5, 2014 Council authorized the City Manager to execute an interlocal agreement with Wake County, the Capital Area Metropolitan Planning Organization (CAMPO), and Triangle Transit. That agreement was subsequently joined by the Town of Cary, North Carolina State University, and the Research Triangle Foundation. Under the terms of the agreement, the cost of the original scope of work was set at $210,000 with the City contributing $50,000 towards the effort.

As a result of input received from the project partners, stakeholders, and the public during the initial portions of the project, it has been determined that the scope of services should be expanded. The enhanced scope will provide a higher degree of public outreach, more coordination meetings, and a final product which encompasses greater detail. The proposed revised project cost now totals $470,000; the City is requested to increase its portion by an additional $53,000 and a transfer of funds is required. Accounting detail is included with the agenda packet.

Recommendation: Authorize the City Manager to execute an amendment to the interlocal agreement. Authorize a budget transfer in the amount of $53,000.


City Manager Hall briefly explained the item and funding pointing out this would be the last funding request. Ms. Baldwin moved approval. Her motion was seconded by Ms. Crowder and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Ordinance 426 TF 249.

LOWER LONGVIEW LAKE DREDGING PROJECT – REFERRED TO STAFF TO DEVELOP OPTIONS FOR SUBMISSION TO COUNCIL

During the February 3, 2015 City Council Meeting, Council directed staff to meet with the Longview Lake residents to further discuss and explain all dredging options for the Lower Longview Lake. The public meeting was held March 26, 2015 with residents, City staff, and a representative from the United States Army Corps of Engineers in attendance. Staff provided a presentation to the lake residents identifying the various options that were investigated to determine whether or not any dredging of the lake could be administered under the various available City and/or State programs. The Army Corps representative made a presentation regarding permitting and requirements for the removal of wetlands. In addition, staff met with two lake owners and a Raleigh Country Club representative after the public meeting to discuss additional concerns.

Dredging the lake at the City’s expense at this time is not a viable option under any current City policy, as it does not increase the lake’s water quality benefit.

Recommendation: Staff recommends that no action be taken at this time with regard to the dredging of Lower Longview Lake. However, should Council desire to make a policy exception at this time, staff can provide options for Council consideration at a future meeting.

City Manager Hall pointed out this is a very difficult issue and every one respects the property owners’ desire as it relates to the lake and staff has spent a lot of time and effort trying to figure out an alternative solution.

Stormwater Manager Blair Hinkle expounded on the following comments.

February 3rd Meeting – Directed staff to meet again with the residents

Held additional public meeting on March 26th

Discussed opportunities for City to partner with residents to dredge the lower lake, but none exist under the current policy.

- The project does not qualify under Lake Preservation Policy or Drainage Petition Policy

- Levying an assessment is not possible due to the fact that the lake is privately owned.


Provided several options for the lake owners to pursue apart from the City

1. Privately funding dredging2. Working with our dam rehabilitation contractor to determine whether

there is an alternative that would allow the owners to enter into a private financing arrangement

3. Paying for annual maintenance from a pond maintenance contractor to manage algae in the pond

The Army Corps of Engineers also had a representative present to talk about the permitting requirements related to removal of the wetlands in the lake.

- A follow-up meeting is being organized by the residents with the Corps.

In the end, staff continues to recommend no action on this item, with the understanding that we will encourage the successful dam rehabilitation contractor to engage in discussions with the lake owners regarding private funding options, and that we’ll continue to coordinate with the owners and any other agency with whom they’d like to meet.

Council could approve a policy exception and direct staff to move forward with the dredging project, though it would require that a decision be made in order to allocate funding. Staff could bring funding options back for review at a future meeting if directed to do so.

Maybe more challenging, moving forward with this project despite there being no water quality value in doing so could set a precedent that creates future challenges for scheduling lake preservation projects.

In the CIP that we hope to propose for FY16, we show lake preservation projects being performed in FY16, 17, and 18. Brockton, White Oak, and the Lower Lake at Durant, respectively. These are three projects that provide real public benefits to their watersheds, and that have been scheduled based on actual need and availability of funding.

Changing the way that we plan for and prioritize these projects to account for private benefit would be a significant departure from our current standard of using nutrient removal efficiency and cost/benefit analysis, and could open Council up to petitions from owners of the 70 or so other private lakes throughout the City which are not currently scheduled for projects.

Understand and appreciate the frustration of the residents, and the difficulty of the decision that you have before you.


Ms. Crowder indicated she had people who walked the stream and looked at the conditions. She pointed out one of her biggest concerns is the fact that it appears stream erosion is happening and the City owns part of the property on which the erosion is occurring and the city needs to deal with repairing the stream and that might help with the lake situation. She pointed out if we dredge now unless we fix the stream it will continue to fill. She stated she pulled pictures from Google showing the stream in 2002 and 2015 and there is a vast difference in the lake. Mr. Hinkle pointed out we can work on streams on property the City owns. Ms. Crowder pointed out when the city did upper Longview Lake it created more volume and impacted the lower lake and created problems. She stated if we continue to wait until it bubbles up to the top it will be a wetland and there will be nothing the City can do. Mr. Hinkle pointed out no one is suggesting that we just let it set and forget it explaining the City will continue to monitor and do additional studies and if the volume approaching higher levels it could be beneficial to dredge and would be compliant with city policy.

Mayor McFarlane indicated Michael Fauls had signed up to speak under requests and petitions of citizens and asked him to come forward.

Mr. Fauls pointed out representatives of the neighborhood went to the stormwater staff in 2009 pointing out they felt when the lake is empty it would be a logical time to dredge. He pointed out he had looked at the various charts and studies done on the lake and he feels there are misconceptions. He pointed out some say the people want the lake dredged for aesthetic purposes only; however, that is not true they want clean water and they want to preserve the water quality in the lake and downstream. He stated one can look out their back doors and see land forming almost daily, stream erosion increasing and it is felt a lot of the siltation is coming from the country club and golf course. He stated everyone understands the concerns. He stated since December a large chunk of land has formed in the lake. He called on the Council to do stream restoration dredge the edges of the lake and coves where sediment is building. He stated it is felt that will extend the life of the lake, get the allergy and nutrient sediment out. He pointed out the neighbors are willing to be assessed and help fund the project. He stated they have been told that they couldn’t spend public money could not be spent on private property but public money was spent on the upper lake. He talked about how they need help as it is like a disease. He stated the neighbors are willing to work with the City to stop the spread of this disease. He indicated it is felt the cost is lower than estimated and they have been trying to find a solution for years and now they are just being told that it is illegal to spend city money on private property and questioned why that was not put forth years ago.

Mr. Hinkle pointed out there is an opportunity for stream restoration or stabilization upstream. He stated however the only control the city has is on city owned property. He talked about there being no benefit to downstream waters by simply dredging the lake. He talked about treating algae and whether that travels downstream. Mr. Hinkle pointed out improving water quality or flood reduction is the criteria utilized to determine if dredging could be undertaken with city money.

Mr. Odom pointed out he feels we should clean out our lakes. He suggested holding this at the table and let further discussion take place. He pointed out the City is continuing to grow, there


will be more sediment of our lakes and he doesn’t understand how some lakes provide environmental qualities and others do not.

Ms. Baldwin indicated Mr. Fauls talked about potential assessment of property owners and pointed out may be we could incorporate a partnership between the city and the residents and may be that could be discussed as we hold this at the table. Mr. Maiorano stated we need to put some money figure on these proposals and he would like to know the cost of a stream restoration project. Mayor McFarlane stated she would like information on what stormwater projects would be put off if the Council spent money on this project. Mr. Weeks stated he agrees with Mr. Odom that there should be more discussion and he feels we can come up with a solution. He indicated some one had mentioned adding it to the CIP at a future date. Mr. Stephenson stated Ms. Crowder had talked about not spending money on lake restoration if we do not fix the erosion problem and stated he would like to see cost figures.

City Manager Hall suggested staff take the Council’s comments and study this further and bring information back. Ms. Crowder suggested that the staff meet with the residents again so they know the various options. It was agreed to hold it at the table and staff would provide a report after meeting with the residents.

REPORT AND RECOMMENDATION OF THE RALEIGH HISTORIC DEVELOPMENT COMMISSION

HISTORIC LANDMARK APPLICATIONS – LEONARD MEDICAL HOSPITAL AND LEONARD MEDICAL SCHOOL – ORDINANCES ADOPTED

Two properties were the subject of a joint public hearing on March 3, 2015 to consider Raleigh Historic Landmark designation:

Leonard Medical Hospital, 800 South Wilmington Street; Leonard Medical School, 816 South Wilmington Street.

The Council referred the matter to the Raleigh Historic Development Commission (RHDC) to consider public hearing comments. The RHDC will reconvene at its regular meeting on April 21, 2015 to finalize recommendations on the proposed designations and draft ordinances. It is anticipated that the RHDC will make a recommendation that the Council adopt the draft ordinances for the two properties. Copies of the draft ordinances were included with the agenda packet.

Recommendation: Adopt the draft ordinances designating these two properties Raleigh Historic Landmarks.

Planner Tania Tully was available to answer questions. Mr. Odom moved approval. His motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Ordinances 428 and 429.


REQUEST AND PETITIONS OF CITIZENS

BOWEN FAMILY – COMMENTS RECEIVED

Mr. Gaylord asked for a point of personal privilege in order to add the Bowden family as the first item under Request and Petitions of Citizens. Mayor McFarlane stated without objection the item would be added.

Mr. Gaylord stated we have to make sure that the City works for every citizen and we have to be willing to hear from a wide variety of voices as a Council and he believes that includes hearing from people like the Bowden Family who has a story to share about how bias has affected their lives. Mr. Gaylord stated it is important that we all recognize everyone is susceptible to bias but recognizing that is not enough we have to seek solutions and hearing from the Bowden family in his opinion is a first step towards seeking those solutions. He thank Ms. Bowden or coming and sharing her story.

Angela Bowden thanked everyone for letting her have this opportunity and thanked Mr. Gaylord for letting her come forth. Ms. Bowden stated on February 28, 2015 her family was at Crabtree Valley Mall until about 3:30 or 3:45. She stated at that time she and her husband left their three boys as one of their friends was going to come to the mall to be with them. She stated shortly after she and her husband left the mall she sent her son a text to ask him for sure what time he wanted her to pick them up pointing out she knew her oldest son had to go to work that night. Her son replied 5:30 p.m. Ms. Bowden stated they live in the Leesville area and she knew it wouldn’t take her long to get back to Crabtree. She left home about 5:10 or 5:15 and about that time her phone rang and it was her 14 year old son who asked if she was on her way and she replied she was and questioned why. He told her they had just kicked them out of the mall. She replied she was down the street and would be there in a few minutes. She stated when she arrived at the mall her son told her they had been kicked out of the mall and about that time her phone rang and it was an eye witness who saw everything and told her he saw 4 African American men being escorted out of the mall and saw them being questioned. She stated her son had his shopping bag in his hand saying he had purchased there, had eaten there and kept asking why they were put out of the mall. Ms. Bowden stated she understands they kept going back to her 11 year son questioning him and her 17 year old son asked them to talk to him as he was older and the 11 year old was about to cry. She indicated the eye witness said the officer kept insisting on talking to her 11 year old. Ms. Bowden stated she went into the mall after she had heard all of this information and headed to the food court where she saw young children sitting around, not eating, being on their phone, etc. She stated the first officer she saw she told him she needed to speak to the supervisor or the manager. That officer got on his walkie-talkie and spoke to someone and told her where to go. She stated she went outside to the little area where the security office is located and at that time spoke to the person who was there who told her that they were loitering on private property and the food court area is reserved. Ms. Bowden stated she told the officer there were no signs anywhere stating that the area was reserved for eating only. She stated she told him she felt that it was a racial issue. About that time another two young African American men came up and said they had been put out of the mall and her son asked them why. That young gentleman went with her to the security office and they were told


the same thing. She again stated she told them she thought it was a racial issue because every one that had been put out of the mall were African Americans. The gentleman told her that he was sorry that she felt that way and handed her a card to call the Chief of Security which is Chief Bullock. On Monday she called Chief Bullock about 12:30 or 1:00 and was told that he was in a meeting so she left her name and number and told them she needed to talk with him to discuss an incident that had happened on February 28th. Chief Bullock never called her back. She stated she got in touch with the Coalition of African American for Young Children through her eye witness. On that Monday they had a press conference with Channel 14 and after that aired she come to find out that this had happened to other families. She stated a lady emailed her and said it happened to her kids on December 29 and the lady stated she emailed Chief Bullock and told him what happened but no one ever called her back. Ms. Bowden stated she understands the security people questioned them just like they questioned her kids, got the parents name and phone number but no one ever called the parents. She questioned the point of questioning the children if the security people are not going to call the parents. She expressed concern about the kids being put out as someone could drive by, hurt them, snatch them up, etc. She stated in addition if the kids are put out of the mall, and the security officers take information they could have enough respect to call the parents and tell them where their kids are. She stated after the press conference the General Manager of the Mall called and wanted to have a meeting with her and her family but it is more than her and her family it’s a community thing, he did not invite the other young gentlemen that were with her when she went to the security office that day. She stated she told the General Manager they wanted to have a community meeting but that was declined. In the meantime, he sent her an email stating her boys were only in the food court area about 10 minutes and that was not long enough to be considered loitering and that her boys should have never been put out. She stated that bothers her as they traumatized the young kids for no reason. She stated they have admitted they had no right to put them out but her kids are still having problems. She explained the family went to Triangle Mall on March 27 and they did not want to go anywhere near the food court as it brings back bad memories. Ms. Bowden stated she has to deal with that on a daily basis and the only thing security had to say was that they were sorry. She has to deal with that the rest of her life. She stated she has an 11 year old and it is hard to discuss what happened and why he was treated that way. She stated she teaches her kids that it doesn’t matter the color of your skin all people are the same and then to be treated that way causes her a problem and the only thing they can say is I’m sorry.

Mayor McFarlane expressed appreciation to Ms. Bowden for coming and telling her story stating she is sorry for everything that the family has been through.

Mr. Gaylord stated there is too much of this going on in the world and expressed appreciation to Ms. Bowden for coming down and letting all hear her story. He stated hopefully this will impress on everyone on the Council and everyone in the audience and in TV land the relevance of this issue and how this really and truly impacts individual lives.


NUISANCE – SEWER PIPE – WITHDRAWN

Jeremiah J. Frederick, SLAYMode productions had requested permission to discuss industrial waste corrosion and hazards of exposed, outdated sewer pipe on office space property. Mr. Frederick was not at the meeting therefore no action was taken.

UNFIT BUILDING – 2406 BRADFORD PLACE – REQUEST FOR EXTENSION OF TIME – NO ACTION TAKEN

Michael Jackson had made a request to appear before Council to ask for additional of time in order to complete rehabilitation of property at 2604 Bradford Place. Mr. Jackson was not at the meeting therefore the item was withdrawn with no action taken.

ART PROJECT – GLENWOOD SOUTH - COOL WALKINGS – INFORMATION RECEIVED

Donna Belt, Glenwood South Neighborhood Collaborative introduced Julia Maslropaolo, Hollow, the Co-leader of an art project proposed for Glenwood South, known as “Cool Walkings.” Ms. Belt expressed appreciation to Kim Curry-Evans of the City of Raleigh Arts Department, Jerry Bolas and the Arts Commission, Public Works Department, Transportation and Planning Department and Community Services for their support and initial funding. They presented a PowerPoint showing the progress of their project. They talked about the 2,000 residents and 70 businesses along the area and the number of people who speed through their neighborhood each day and the hope this project will help people slow down and explore their neighborhood. They explained that in 2013, Glenwood Avenue in this area was upgraded to a Main Street classification. They feel this public art work helps slow the traffic, encourage pedestrians and provide an entrance to the area. They gave a time line of their project beginning with a call for artist in the April/May time frame, selection of the design and final approval in June and the installation in August. They encouraged all artist to become involved. They expressed appreciation for the city’s support of the program.

TEXT CHANGE – REVISION TO THE CAMERON PARK NEIGHBORHOOD CONSERVATION OVERLAY – APPROVED

Neil A. Riemann, Cameron Park Neighborhood Association, would like to request a revision to the Cameron Park Neighborhood Conservation Overlay, which would increase the height limit in Zone One to 38 feet and Zone Two to 34 feet. This change would address a problem created when the UDO was adopted with new rules for measuring height.

Mr. Riemann indicated no one is advocated more height and talked about the UDO regulations for measuring height. He talked about the changes they are proposing including Zone I from 30 feet to 38 feet and Zone II from 26 feet to 34 feet. He stated the adopted UDO has different methods of measurement and explained the existing measurement criteria and the UDO criteria. This will just help their existing height become compliant.


Mayor McFarlane questioned if amending the Neighborhood Conservation Overlay District would require a petition with the same percentage of signatures. Planner Travis Crane indicated the Neighborhood Conservation Overlay District has already been applied to the area, they are simply requesting a text change and if the Council approves moving forth, staff would go out measure, report back, etc. Mr. Crane stated it only takes one person to submit the text change. The applicants must notify everyone of the proposed changes. Mr. Riemann indicated they have already circulated this proposal to the entire neighborhood and presented it at the Neighborhood Association meeting and 95% of those in attendance supported the proposal. Mr. Stephenson moved approval for submission of the text change to move forward. His motion was seconded by Ms. Crowder and a roll call vote resulting in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

EXTRATERRITORIAL JURISDICTION – REQUEST TO RELEASE 10 ACRES – PROCESS AUTHORIZED

Matt Kirkpatrick was at the meeting to request the Council to release 10 acres located at 5025 Tryon Road from the City’s ETJ. Mr. Kirkpatrick indicated he is the owner of the property and the applicant. He owns some 36 acres on Tryon Road. He presented Council members with a packet of information and exhibits showing the property, suggestions to move the property entrance, information from the City relative to the Swift Creek Watershed rules, etc. He explained the various exhibits and pointed out they have been told that the City will never annex this property or extend utilities because of the Swift Creek watershed rules. He stated a site plan has been submitted. He had met with NCDOT relative to ingress and egress. They do not want to accept responsibility for a roadway that crosses a major stream and had suggested that the entrance to the property be moved. After meeting with the City’s representatives, the City said it would be their preference to release the property from the City’s ETJ and let the property be developed under County regulations. He indicated the City and County planning representatives met and it is his understanding every one is recommending this action. The County said they would accept the project but it had to be approved by the City.

Planner Christine Darges talked about discussions with the applicant and pointed out there is basically two options, the City retain all of the property or have all of it in Wake County. This area is on well and septic tank. She talked about possible fire protection issues, what that might require, comparable density and pointed out she is not aware of all of the policies relating to the watershed issue and how they may impact this issue.

Ms. Crowder questioned if NCDOT has signed off with moving the entrance way with Mr. Kirkpatrick explaining the process they have to go through to get confirmation.

Mike Stewart, Stewart Engineering, indicated he had met with the NCDOT District Engineer who had rejected the first plan because of the impact of the stream. They will not accept crossings or bridges for maintenance and Mr. Elmore had suggesting moving the entrance as shown on the material presented to Council.


Planner Alfreda Bryant talked about the options which is taking all of the property into the City’s jurisdiction or placing it all on the counties jurisdiction. Mr. Kirkpatrick pointed out under either option they would still have to comply with the Swift Creek rules. Ms. Crowder moved approval of releasing the 10 acres to the county’s jurisdiction. Her motion was seconded by Ms. Baldwin. In response to questioning from Mr. Stephenson, Ms. Darges pointed out the owner does have a hardship. It is as unique situation and she does not feel releasing the property from the city’s ETJ would set a precedent because of the uniqueness of the setting, the situation, etc. The motion as stated was put to a vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

MATTERS SCHEDULED FOR PUBLIC HEARING

HOUSING AND COMMUNITY DEVELOPMENT – DRAFT 5-YEAR CONSOLIDATED PLANS – HEARING – COMMENTS RECEIVED

This was a hearing to consider public comments for the draft five-year consolidated plan, which will guide City expenditures in Housing and Community Development from July 1, 2015 to June 30, 2020.

The Mayor opened the hearing to the public.

Octavia Rainey, 1516 East Lane Street, indicated the Mayor had stated each person was limited to three minutes and she feels that is totally insufficient. She questioned if anyone had seen the plan, or the citizens participation plan. She stated she has been involved in housing for over 20 years. She questioned if anyone had seen the citizens participation plan and pointed out any time any changes are made to that plan a public hearing is required and that has not occurred. She stated any time citizens are not allowed to participate and speak on the plan, there is a problem. She stated any changes in the plan should be taken to the citizens and should be outlined at the public hearing. She talked about the old plan which had funds dedicated to the target areas, and she has seen nothing in the new plan about that. She feels the plan being presented is a bogus plan. She talked about the process which started with a public hearing in December and how the Department should have a meeting with the community explaining how the money is proposed to be spent and that has not occurred. She stated there is nothing on the maps about low and moderate income housing, locations, no descriptions of the programs, concern that the public meeting laws may not have been met, and questioned why the Carolinian newspaper is not used for advertisement. She talked about discussion with the people in Durham, questioned why the citizens were not informed of the plan and changes. She expressed concern that low income people have no opportunity for input, no one knew what to comment on as they had not seen the plans, Mr. Jarvis changing the percentage requirements for plan changes, why the community got no information from the department, her meeting with Police Chief about the lack of community trust, the City of Raleigh is moving away from transparency, the relationship between the community and the City, and why the CACs had been taken out of the process. She expressed concern that she did not have the time needed to present all of her concerns, etc.


Lonnette Williams, 802 South East Street, Central CAC and President of the South Park Historic Association presented the following prepared statement:

The Central CAC and the South Park East Raleigh Preservation and History Program were pleased to work with NC State University’s College of Design to create the South Park East Raleigh Heritage Walk. The Heritage Walk was developed through community participation and is a vision plan identifying historic themes that shaped the development of one of Raleigh’s significant historic neighborhoods as a framework for proposed redevelopment strategies. The Heritage Walk has been presented to Raleigh City Council, and is currently under review by City Departments.

However, the work completed on the Heritage Walk only represents the first phase of a more substantial effort. There is still a need to flesh out redevelopment strategies with an emphasis on housing opportunities meeting the needs of South Park East Raleigh residents, as well job development strategies. These areas of focus were included in the initial proposal that produced the Heritage Walk concept but funding was only provided to engage in analysis and conceptual vision development.

The South Park –East Raleigh Neighborhood Association and the Central CAC request that the City of Raleigh identify and include funding to support the recommendations in phase one , the continuation of the Heritage Walk’s vision and continue to engage the NCSU College of Design in strategy development for housing and job creation opportunities in South Park East Raleigh. The proposed budget for 2015-16 currently has no funding allocated for South Park, therefore, we are requesting the allocation of funds for these efforts. Leveraging the community participatory approach used in the first phase, this continuation will help translate the broader vision plans into more actionable ways of improving the life of people in the South Park East Raleigh community. There is no activity budget or indication as to how the funds will be allocated and used within the South Park Neighborhood throughout the five year plan, therefore, we are requesting that the neighborhood be allocated funds throughout the five year period.

Also there is no indication that funds are being allocated to support the South Park residents’ home owner rehabilitation program, funds are needed to assist home owners in the repair and rehabilitation of their homes and should be budgeted in the 2015-16 and throughout the five year plan.

Additional Comments:

1. 1.The Citizen Participation Plan should include notices to the CACs in sufficient time, prior to public hearings so that the CAC membership can be notified during a regular monthly meeting.

2. The first meeting to discuss the Annual Action or Consolidated Plan would be more effective as a neighborhood meeting format rather than a public hearing,


providing the opportunity for establishing a needs analysis and residents’ input in the program activities.

3. Public hearings held in the evening rather than the middle of the day will allow for more citizen participation.

4. P.75 lists neighborhood assets but does not include Shaw University, St. Augustine University, the South Park Cultural District, and the East Raleigh-South Park National Historic District. These assets need to be added.

5. The lump sum budget does not provide the residents with an understanding of the allocation of the CDBG and other dollars that are available for the redevelopment areas.

6. The South Park Neighborhood has not received funding in seven years and needs to be a high priority for funding over the next five years to support the residents’ needs and to improve the existing neighborhood. The neighborhood is an edge of the downtown and impacted by the Downtown redevelopment, the emerging Downtown Plan and the Southern Gateway Corridor Study and needs to have resources allocated to make the connections for this neighborhood and the City’s efforts to improve the City of Raleigh.

Jess Brandis, CASA Housing Director, expressed appreciation and excitement about the plan and its vision. She stated throughout the plan there is importance given to rental housing, talked about the work of CASA and the need to balance new and rehab projects, talked about new construction being more expensive and a longer term project whereas purchasing housing and rehabbing which can be done in a year or less. She talked about affordable housing, how acquisition and rehabilitation helps preserve existing affordable housing and how that allows scattered sites more so than new development.

Samuel Gunter, Habitat for Humanity, expressed appreciation for the city’s partnership with them on a number of projects. He stated there are over 150 families in the pipe line, talked about the number of applicants and what they are doing to try increase their involvement in providing and building more homes. He expressed appreciation for the plan, talked about all of the work the City is doing in developing and updating the comprehensive plan, mass transit, affordable outsiding, etc., and how we need to make sure affordable housing is included in those plans. He expressed appreciation to Mr. Jarvis for his leadership.

Danny Coleman, 517 Rock Quarry Road presented the following prepared statement:

I come today to lament that what I thought the role of the Citizens Advisory Councils has been woefully misunderstood because we have not discussed the or been made aware of the draft five-year consolidated plan, which will guide City expenditures in Housing and Community Development from July 1, 2015 to June 30, 2020.


Now I know there is a lot of confusion these days on the role of the CAC’s but historically the CD department has brought these draft recommendations to the CAC’s especially the CAC’s in the designated redevelopment areas so we could work together to insure that these 5-year plans were vetted in the community. You know community engagement.

So I offer my sincere apology for not having kept my CAC aware of this draft document. You know matter of fact I have not seen the draft document so I am not too sure how we are to give informed comments when we have been left in the dark about such an important matter.

I am copying the Greensboro Field Office of HUD to emphasize the lack of community participation we are currently engaged in as it relate to this 2015-2020 Consolidated Plan that is a part of your HUD submittals for HUD funding of various sorts.

No one else asked to be heard thus the hearing was closed.

ANNEXATION PETITIONS – VARIOUS – HEARING – ORDINANCE ADOPTED; YADKIN BANK PROPERTY PROPOSAL – DEFERRED UNTIL MAY 19, 2015

This was a hearing to consider the following petitioned annexations. If following the hearing, the Council wishes to proceed, it would be appropriate to adopt ordinances annexing the property effective immediately and adoption of an ordinance placing the properties in the appropriate electoral districts.

LOCATION ELECTORAL DISTRICT

Yadkin Bank Property BLumley Road Development E1306 Dowling Road C

The Mayor opened the hearing on each location.

Attorney Michael Birch, on behalf of the Yadkin Bank property annexation, pointed out the Yadkin Drive property is the subject of a May 19 rezoning request and asked that the annexation petition proposal be held until that time. Without objection, it was agreed to place the Yakdin Bank property annexation on the May 19 agenda.

No one asked to be heard on the Lumley Road development or 1306 Dowling Road. The Mayor closed the hearing. Mr. Odom moved adoption of ordinances annexing the Lumley Road and 1306 Dowling Road property and adoption of a resolution placing the properties in the appropriate electoral districts. His motion was seconded by Ms. Baldwin and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 voted. See Ordinances 430 and 431 and Resolution 92.


SSP-2-12 – CRABTREE NORTH STREETSCAPE AND PARKING PLAN – HEARING TO CONSIDER AMENDMENT – TO BE CONTINUED TO MAY 5, 2015

This was a hearing to consider a request from Brian Purdy, representing Crabtree North, LLC and owners of the properties within the Crabtree North Streetscape and Parking Plan (SSP-2-12) to modify the adopted streetscape plan related to constructing an eight-foot sidewalk adjacent to Leadmine Road and relocating the six-foot planting strip, removing the raised decorative pedestrian crossing on Charles Drive and reducing the caliper size of trees at the time of planting from 6.25 inch to 5 inches. (SSP-2-12)

The Mayor opened the hearing.

Planner Meade Bradshaw indicated this is a result of a request and petition filed and heard at the April 7, 2015 Council meeting. He explained the three changes which includes constructing an 8 foot sidewalk adjacent to Lead Mine Road and relocating the six foot planting strip, removing the raised, decorative pedestrian crossing in Charles Drive and reducing the caliber size of trees at the time of planting from 6¼ inches to 5 inches.

Councilor Crowder questioned the reason for the 8 foot sidewalk with it being pointed out that is standard for PDDs under the UDO. Mr. Gaylord questioned if the street tree section could be widened and the sidewalk pushed back into the property with Mr. Stephenson indicating on the renderings presented it looks like the street trees are less than 50 feet from the curb with Mr. Bradshaw indicating they would have to be at least 15 feet.

Bryan Purdy, McAdams Company, talked about NCDOT requirements, Pedestrian Business Overlay District requirements, and pointed out this would be keeping the right-of-way the same but swamping the street and sidewalk locations. He talked about the problems that would be encountered with a 10 foot separation from the travel lane. Mayor McFarlane and various Council members expressed concern about people walking on a sidewalk that is directly adjacent to Lead Mine Road. Louis Stoneburner, Graystar Development, indicated all of the sidewalks along Lead Mine are 8 feet or wider. He talked about the positions of the streetscape plan and how he feels it would enhance the property. He talked about the width of other sidewalks, the street trees, the amenities and the negative impacts of the streetscape plan as approved. He stated what is before the Council today is an effort to try to clean up the conflicting requirements of the various City departments. All have now reviewed the new proposal and are in agreement. He stated they have gone through the process and this would be the final filing.

Discussion followed as to why NCDOT does not want the trees adjacent to Lead Mine Road, the distance between the street trees and travel lane, the fact that there is a bike lane between the travel lane and the curb and how NCDOT measures the curb. It was pointed out by the developer that they felt the bike lane provides a buffer between vehicular and pedestrian traffic and how NCDOT would not allow street trees in a 3 foot area between the curb and the sidewalk. Staff’s position on the proposed changes as well as NCDOTs’ position was discussed. Whether NCDOT would allow shrubs as opposed to trees was talked about with it being explained the


problem is the City of Raleigh street tree requirements. What has to be in the area and who requires what was talked about at length. Various Council members indicated when they voted for this project it was with the understanding there would be trees between the travel lane and pedestrian walkways. What could be done to alleviate the conflicting requirements was talked about including the possibility of additional street trees, the desire of several Council members to get trees between the sidewalk and the curb and the conditions that presently exist were talked about. Time frame for the project and how long this project has been in the process was discussed. Various Council members indicated they did not feel they could support the project as is and asked about holding the project and letting the developers go back and see if they can address the concerns. It was pointed out by several Council members when the project was approved there was a lot of discussion about being pedestrian friendly and access to surrounding areas.

Mr. Maiorano indicated he spends a lot of time in this general vicinity and he appreciates the concerns. He stated however he would question if we could impose certain requirements on these lots and not have the same requirements on the rest of the corridor. He stated the developer is trying to meet all of the requirements but it seems that there is a conflict between NCDOT and City. What the Council is requiring or asking the applicant to do and where they are in the process was talked about. The representatives of the applicant indicated usually during the site plan process they would submit a request for design alternate to allow the street trees to be outside of the right-of-way; however, in this case the parcels are very small and the buildings need to be close to the right-of-way so they do not have the luxury of the street trees being outside. The realignment of Charles Drive, the extension of Marriott Drive and how those two projects are contingent upon this project moving forward was touched on by all. How the applicants could move forward, the possibility of a two week delay and what could be accomplished in that two weeks was talked about. The width of the sidewalks, location of the street trees, how to proceed difference in the city and state requirements, the width of the sidewalk, bike lanes, the separation between the travel lane and the sidewalk and what could be done was talked about. It was agreed to hold the item at the table for two weeks. Again the Council talked about what could be accomplished in that two weeks. Mayor McFarlane stated without objection the Council would hold the hearing open and place it on the next agenda for further consideration.

GREENWAY EXCHANGE – 3531 HORTON STREET – HEARING – APPROVED

This was a hearing to consider a request from Isabel Worthy Mattox representing Grubb Palms, LLC for greenway exchange related to property at 3531 Horton Street. The Mayor opened the hearing. Attorney Mattox was available to answer questions. City Manager Hall pointed out staff is fine with the exchange as proposed. The hearing was closed. Ms. Baldwin moved approval of the exchange as requested. Her motion was seconded by Mr. Odom and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 93.


TRANSIT EASEMENT EXCHANGE – WAKEMED – HEARING – APPROVED

This was a hearing to consider a request from WakeMed Property Services for the exchange approximately 28,061 square feet of existing transit easement area for a new transit easement area containing approximately 194 square feet, and the exchange of approximately 10,413 square feet of existing access easement area for a new cross access easement area containing approximately 5,281 square feet. This relates to the realignment of the cross-access easement in the existing bus stop being relocated and the existing transit easement no longer being necessary. If following the hearing, the Council wishes to proceed, it would be appropriate to adopt a resolution authorizing the exchange. The Mayor opened the hearing. In response to questions, City Manager Hall pointed out the staff and WakeMed are fine with the exchange as outlined. The Mayor closed the hearing. Ms. Baldwin moved approval of the exchange as outlined. Her motion was seconded by Mr. Stephenson and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 94.

TC-3-15 – FENCES AND WALLS IN EASEMENT – HEARING – ORDINANCE ADOPTED

This was a hearing to consider a change to Sections 7.2.4.D. and 7.2.8.B. of the Part 10A Raleigh Unified Development Ordinance to allow fences and walls to be located in City of Raleigh Utility Easements with the approval of the Director of Public Utilities in accordance with Section 8-2012(d). The Mayor opened the hearing, no one asked to be heard thus the hearing was closed. Ms. Baldwin moved approval of TC-3-15 as advertised. Her motion was seconded by Mr. Maiorano and a roll call vote resulted in all members voting in the affirmative except Mr. Odom who voted in the negative. The Mayor ruled the motion adopted on a 7-1 vote. See Ordinance 432 TC 367.

TC-2-(A)-15 – USE REGULATIONS – HEARING – REFERRED TO COMPREHENSIVE PLANNING COMMITTEE

This was a hearing to consider an amendment to Sections 6.1.4 and 6.4.10.B of the Part 10A Raleigh Unified Development Ordinance to amend the Allowed Principal Use Table related to the following uses: pawnshops, overnight lodging, dance, martial arts and music studios, civic, outdoor sports or entertainment facilities, office, and bar, nightclub, tavern and lounge.

Following the hearing the Council may take action on the text change.

The Mayor opened the hearing, no one asked to be heard thus the hearing was closed. Ms. Baldwin moved approval of TC-2(A)-15 as outlined. Her motion was seconded by Mr. Maiorano and put to a vote which resulted in all members voting in the affirmative except Mr. Odom and Mr. Crowder who voted in the negative. The Mayor ruled the motion adopted on a 6-2 vote.

Later in the meeting Mr. Stephenson apologized for missing this item and talked about the change indicating the Council may not want to move ahead.


Mr. Maiorano moved the Council rescind the vote on TC-2(A)-15 and refer the proposal referred to the Comprehensive Planning Committee. His motion was seconded by Ms. Baldwin and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

CP-1(A), (B), (C), (D)-15 – STREET PLAN MAP AMENDMENTS – HEARING – APPROVED

This was a hearing to consider to City-initiated amendments to the Street Plan Map including Marriott Drive/Charles Drive between Creedmoor Road, Glenwood Avenue, and Lead Mine Road; Varsity Drive between Western Boulevard and Avent Ferry Road; Blue Ridge Road District Connector Street Revisions between Trinity Road and Reedy Creek Road; Del Webb Arbors Drive between TW Alexander Drive and Andrews Chapel Road.

Following the hearing the Council may take action on the Comprehensive Plan Amendments.

Mayor McFarlane asked that the items be taken individually and opened the hearing on each item.

CP-1(A) – 15 – Marriott Drive/Charles Drive

Todd Delk explained the proposed amendment pointing out the proposal on an aerial view and illustrious map. Mayor McFarlane expressed concern pointing out this seem to be putting more traffic in the area. Ms. Crowder pointed out there will be more traffic particularly if there is more retail with Mr. Delk pointing out it allows the same amount of retail. This was not in the Crabtree Valley Plan previously with it being pointed out this will change will help improve connectivity, particularly as it relates to bike and pedestrian traffic. Traffic Engineer Lamb pointed out the Council has previously approved the Charles Drive change and this is basically an amendment to the plan to show what has been approved in the past. No one else asked to be heard thus the Marriott Drive/Charles Drive hearing was closed. Mr. Odom moved approval of the amendment to the comprehensive plan as outlined. His motion was seconded by Mr. Maiorano and put to a vote which resulted in all members voting in the affirmative except Mayor McFarlane and Ms. Crowder. The Mayor ruled the motion adopted on a 6-2 vote. See Resolution 95.

CP-1(B) - Varsity Drive Between Western Boulevard And Avent Ferry Road

Transportation Engineer Delk explained the proposal pointing out it is basically a clean. No one asked to be heard thus the hearing on Varsity Drive was closed. Ms. Crowder moved approval. Her motion was seconded by Mr. Maiorano and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 95.


CP-1(C) - Blue Ridge Road District Connector Between Trinity Road And Reedy Creek Road

Todd Delk explained the change.

John Warlaw, 4112 Remington Drive, spoke in support of the road. He stated however, there are some issues. He talked about the location pointing out we are talking about a 64 foot wide two lane road. He pointed out the location of the Warlaw property, Wolfpack Club property and the NCSU Educational Foundation property. He stated the biggest problem is the location of the road as it relates to the 125 foot tall utility pole. He stated if it is put in the location as shown it will take out oak trees that are 100 years plus. He asked the Council to look at the west side of the power line pole so that the NCSU educational property can be bypassed.

In response to questioning, Mr. Delk pointed out this is a collector street and pointed out the alignment shown is all on Wolfpack property. He stated staff could look at the exact location later. He stated we may have to shift to miss the power line. He talked about Mr. Warlaw’s idea being taken into situation pointing out it is not precluded at this point. He talked about the location of the property line and power pole and pointed out that could be considered.

Lindsay Daugherty, Planning Department for North Carolina Museum of Art, spoke in support of this plan pointing out they hope to see increased connectivity in the corridor and pointed out this will help improve the pedestrian connectivity, etc. No one else asked to be heard on the Blue Ridge Road District Connector, therefore the hearing was closed. Mr. Odom moved approval of CP-1(C)-15. His motion was seconded by Mayor McFarlane. It was pointed out that Mr. Warlaw’s concerns could be addressed at site plan. The motion as stated was put to a vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 95.

CP-1(0)-15 - Del Webb Arbors Drive between TW Alexander Drive and Andrews Chapel Road, Transportation Planner Delk pointed out this is a purely a clean up item to put the street on the street plan section of the Comprehensive Plan. No one asked to be heard thus the hearing on Del Webb Arbors was closed. Mr. Weeks move approval. His motion was seconded by Ms. Baldwin and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 95.

REPORT AND RECOMMENDATION OF BUDGET AND ECONOMIC DEVELOPMENT COMMITTEE

SURPLUS PROPERTY – 5 NORTH SWAIN STREET – DECLARED SURPLUS AND AUTHORIZED FOR SALE

Mayor McFarlane reported the Budget & Economic Development Committee recommends that Council declare as surplus and authorize the sale of approximately 0.07 acres or 3,049± square feet of real property located at 5 North Swain Street to Jack Kimball for $32,000, subject to the negotiated offer and upset bid process with the understanding the winning bidder will pay all advertising costs.


On behalf of the committee, Mr. Odom moved approval. His motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8- vote.

SURPLUS PROPERTY – 127 SOUTH BLOODWORTH STREET – DECLARED SURPLUS AND OFFERED FOR SALE

Mayor McFarlane reported the Budget and Economic Development Committee recommends Council declare as surplus and authorize the sale of approximately 0.13 acres or 5,663± square feet of real property located at 127 South Bloodworth Street to MIP Holdings, LLC, for $165,000, subject to the negotiated offer and upset bid process with the understanding the winning bidder will pay all advertising costs. Mr. Odom moved approval. His motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

BUDGET AND ECONOMIC DEVELOPMENT COMMITTEE – MEETING SCHEDULE ANNOUNCED

Mayor McFarlane pointed out the April 28 Budget and Economic Development Committee meeting has been canceled. The Budget and Economic Development Committee will meet next on May 5 at 11:00 a.m.

REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNING COMMITTEE

REZONING Z-33-14 – TRYON ROAD – PUBLIC HEARING AUTHORIZED FOR MAY 5, 2015

Chairperson Stephenson reported Council members received revised conditions for 2-33-14 in their agenda packet. Mr. Stephenson moved the case be scheduled for public hearing on May 5. His motion was seconded by Ms. Baldwin. Ms. Crowder stated she wanted to make sure the CAC had a presentation with Ted Van Dyke indicating that could be done. Without objection, the item was scheduled for public hearing on May 5, 2015.

REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETY COMMITTEE

PARKING – GLENWOOD AVENUE – CHANGES APPROVED

Chairperson Baldwin reported the Law and Public Safety Committee recommends changing the signage on Glenwood Avenue from Tucker Street to Hillsborough Street to allow parking at all times. The Committee recommends restricting parking during a.m. and p.m. peak hours on Glenwood Avenue from Peace Street to Tucker Street. The Committee also recommends that Staff bring a report on congestion and traffic impact to Council after the Peace Street Bridge


Project is under construction. In response to questioning, Ms. Baldwin pointed out this item was brought forward as a request and petition of citizens from Jim Belk. She moved approval of the motion as read with the understanding the report would be brought back to the Council within 6 months. Her motion was seconded by Mr. Weeks and put to a roll call vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Ordinance 427.

SCHOOL CROSSING GUARD POLICY – APPROVED – TO BE DISCUSSED WITH WAKE COUNTY

Chairperson Baldwin reported the Law and Public Safety Committee recommends upholding the staff recommendation to approve the Simplified Model in order to address the needs of each Wake County Public Elementary and Middle School requesting crossing guards. A presentation on this proposal will be made at the meeting if needed.

Ms. Baldwin questioned if Council has questions. Mayor McFarlane pointed out from the backup memo it looks like this recommendation has a budget impact of increasing the needed funding from $181,000 to $410,000 and questioned if the committee had any discussion as to the source of funding. Ms. Baldwin pointed out the Police Department is working on this and may be we should foot note this as a budget item. Ms. Crowder questioned if all middle and elementary schools need crossing guards. Deputy Police Chief Perry indicated his department sent letters to each elementary and middle school in the city. The Police Safety Coordinator went to the schools and met with them and it is his understanding that 18 of the schools elected to not have a crossing guard. He stated the information in the memo to Council did not account for that decision. He stated each crossing guard costs about $6,700 which includes trading, uniforms, salary, etc. He stated if the remaining 56 schools ask for a crossing guard the budget impact would be about $375,000. Mr. Gaylord suggested that this be added as a budget note. Mayor McFarlane questioned if anyone has talked to the County about possible participation.

Councilor Maiorano stated this has been an ongoing discussion for more than a year. He talked about the environment, school situation, the City’s desire to be a workable mobile society and pointed out to him this is a safety issue. It is a core service issue. He stated he appreciates the concern about the budget but it is a core service, a safety issue. He stated he would suggest that the Council approve this program and he would be glad to go to the County and tell them about the program, concerns, etc., and asked if they could find a way to help support the program. Ms. Baldwin suggested that Mr. Maiorano be asked to meet with members of the Wake County Commissioners and the School Board.

Discussion took place as to whether the program should be approved and Mr. Maiorano go to the county or place it as a budget note while Mr. Maiorano talks with the County and School Board. Whether it could be approved in concept or improved as an unfunded program and where the funding would come from if the program is approved was talked about with various Council members voicing different opinions. Discussion took place on the amount of money in this year’s budget and whether that unused money could be carried forth. Deputy Police Chief Perry indicated the thinks there is approximately $182,000 in the current budget. How the funding


could take place was talked about at length with all Council members agreeing the school crossing guards are a good idea and are needed for safety, etc., but we do need a source of funding. Ms. Crowder suggested holding the item until Mr. Maiorano could talk with the County and we have some actual numbers to work with. Discussion also took place on the amount of money in the budget, the fact that we have not approved next year’s budget with Mr. Odom talking about funding that could be used including left over funding from this year, cross walk painting, projections for next year, etc. Mr. Odom stated he is for the project. He has always felt that we should provide crossing guards for all elementary and middle schools who request it and he feels funding is available. Whether the program could be approved without funding it and the impact of that was talked about.

Ms. Crowder asked about the possibility of holding the item until Mr. Mariano has an opportunity to talk with the county and school board and know if they will participate and then we will know the actual numbers.

Mr. Odom moved approval of the committee’s recommendation. His motion was seconded by Ms. Baldwin. Mr. Stephenson talked about a recent school awards event he attended where there was a lot of discussion about activities, walking school buses, safe rides to work, to school, etc. He stated he feels there is strong support for this program and he supports it but would be even more supportive if we knew we had some partners for funding and questioned if we should approve this before we know if we have partners. Mr. Maiorano stated he feels the City should take a leadership role by going ahead and approving the policy, making the statement that the City is doing its part and then to the county/school board and asking if they would participate. The motion to approve the committee’s recommendation was put to a role call vote which resulted in all members voting in the affirmative except Ms. Crowder who voted in the negative.

REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE

NO REPORT

REPORT AND RECOMMENDATION OF TECHNOLOGY AND COMMUNICATIONS COMMITTEE

NO REPORT

COUNCIL COMMITTEE SCHEDULES – ANNOUNCED

The Chairpersons of Public Works Committee, Technology and Communication, Comprehensive Planning and Law and Public Safety Committee reported that the meetings scheduled for April 28 – 29, 2015 have been canceled.


REPORT OF MAYOR AND COUNCIL MEMBERS

COUNCIL MEMBER WEEKS – COMMENTS RECEIVED

Mr. Weeks indicated over the past 8 months 20 apartments have been presented to homeless veterans explaining Centrex Homes has built and presented a third home to a Raleigh veteran. He commended all involved.

Mr. Weeks pointed out the Fair Housing Hearing Board had an extremely busy last week. Council members received a copy of their notebook containing the agenda packet and presentation for their event. He stated it went well and talked about the event.

Council members received a copy of the annual Human Relations Report. He stated they had a full house at their event at which they presented awards, etc. He expressed kudos to both boards for bringing their annual conferences to Raleigh. The comments were received.

MAYOR MCFARLANE – COMMENTS RECEIVED

Mayor McFarlane commented the Raleigh City Farm which celebrated their 3rd anniversary recently and commended them for all of their work.

Mayor McFarlane stated she had an opportunity to see Don Giovanni Opera, it was awesome. She pointed out they had a scroll of translation into English. She stated it was a great event.

APPOINTMENTS

APPOINTMENTS – VARIOUS ACTIONS TAKEN

The City Clerk reported the following results of the ballot vote:

Appearance Commission – Two Vacancies – Candice Andre – 3 (Maiorano, Baldwin, McFarlane); Andre Johnson – 5 (Weeks, Maiorano, Odom, Crowder, Stephenson); Neil Gray – 3 (Gaylord, McFarlane, Baldwin)

Fair Housing Hearing Board – One Vacancy Yetunde B. K. Andrews – 6 (Weeks, Maiorano, Odom, Baldwin, Stephenson, McFarlane)

Planning Commission – One Vacancy – Antoine Marshall – 2 (Crowder, Stephenson)

Raleigh Sister Cities – Two Vacancies - Mr. Weeks nominated Stan Kimer

Substance Abuse Advisory Commission – One Vacancy – Ms. Crowder nominated Chris Budnick


The City Clerk announced the appointment of Andre Johnson to the Appearance Commission leaving one vacancy and Yetunde Andrews to Fair Housing Hearing Board explaining the other items will be carried over until the next meeting.

NOMINATIONS

FAIR HOUSING HEARING BOARD – RESIGNATIONS ANNOUNCED

The City Clerk reported she had received a letter of resignation from Nick Bradshaw who is planning to relocate out of the city. A letter of resignation has also been received from Mary Willoughby; therefore there are two vacancies for consideration.

HUMAN RELATIONS COMMISSION – MICHAEL LEECH – REAPPOINTED

The City Clerk reported the term of Michael Leech is expiring. He is eligible for reappointment and would like to be considered for reappointment. Ms. Baldwin moved that the Council suspend the rules, close nominations and reappoint Mr. Leech by acclamation. Her motion was seconded by Mr. Weeks and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

PLANNING COMMISSION – ERIC BRAUN – REAPPOINTED

The City Clerk reported the term of Eric Braun is expiring. He is eligible for reappointment and would like to be considered for reappointment. Ms. Baldwin moved that the Council suspend its rules, close nominations and reappoint Mr. Braun by acclamation. Her motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

SUBSTANCE ABUSE ADVISORY COMMISSION – JESSIE CANNON – REAPPOINTED

The City Clerk reported the term of Jessie Cannon is expiring. She is eligible for reappointment and would like to be considered for reappointment. Ms. Baldwin moved that the Council suspend its rules, close nominations and reappoint Ms. Cannon by acclamation. Her motion was seconded by Mr. Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

CLOSED SESSION

CLOSED SESSION – HELD

Mayor McFarlane stated a motion is in order to enter closed session pursuant to G.S.143-318.11(a)(5) for the purpose of instructing City staff concerning negotiations for acquiring property in the following areas: Dorothea Dix property. On behalf of the Council, Mayor McFarlane moved approval of the motion as presented. Her motion was seconded by Mr. Odom


and put to a roll call vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted and the Council went into closed session at 4:00 p.m.

The Council reconvened an open session at 4:45 p.m. Mayor McFarlane pointed out the Council given direction to the staff regarding the Dix property and pointed out this meeting will continue until 8:30 a.m. on Friday, April 24, 2015.

Gail G. SmithCity Clerk

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Documents

Raleigh City Council Regular Session Minutes - 04/21/2015 · Web view2015/04/21 · The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, April