Raleigh City Council Regular Session Minutes - … · Web viewCOUNCIL MINUTES The City Council of the City of Raleigh met in a regular session at 1:00 p.m. on Tuesday, June 21, 2016

COUNCIL MINUTES

The City Council of the City of Raleigh met in a regular session at 1:00 p.m. on Tuesday, June 21, 2016 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, PresidingCouncilor Kay C. Crowder, Mayor Pro TemCouncilor Mary-Ann BaldwinCouncilor Corey D. BranchCouncilor David CoxCouncilor Bonner GaylordCouncilor Russ StephensonCouncilor Dickie Thompson

Mayor McFarlane called the meeting to order and invocation was rendered by Pastor Tracey Bell, New Bethel Christian Church. The Pledge of Allegiance was led by Council member Stephenson.

The following items were discussed with action taken as shown.

AGENCY GRANTEE PRESENTATION

AGENCY GRANTEE PRESENTATION – PASSAGE HOME - RECEIVED

Alford Leach, Chairman of the Board of Directors of Passage Home, acknowledged and thanked the Council for the continued support of their operating budget. He stated Passage Home CEO Jeanne Tedrow and Passage Home Board members and employees are present. He pointed out their mission is to break the cycle of poverty among families and in neighborhoods that they have been serving in Wake County since 1991. He stated their comprehensive approach with families is two generational – working with parents and their children. The primary family focus is on those who are homeless, living at or below poverty and veterans. He stated when they work in neighborhoods they help revitalize the area by improving housing, restoring buildings such as the Raleigh Safety Club, creating new housing, developing community gardens in South Park, create jobs for neighborhood residents, worked with the refurbishing of a clinic in Lincoln Park, and helping a historic African American private, medical practice to remain and grow in south Raleigh.

Mr. Leach stated to support affordable housing for those they serve, they both develop and own housing pointing out they own and manage some 120 units in Raleigh and are looking to expand their inventory. They also work with a network of private housing providers and landlords to assist with housing locations. He stated for the past two years they have served about 360 families by assisting them with housing, employment and access to services. They are completing their 3rd year as a Community Action Agency for Wake County which is a special

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designation by the Office of Economic Opportunity to administer services related to community services block grants. He stated that leverages approximately $1.3M of public funds to provide services to County and City residents. As the CAP agency they have strengthened their board to include one-third elected officials, one-third corporate citizens and one-third community residents. They have just adopted a strategic plan that will help guide their growth through the next five years. He stated they appreciate the opportunity to continue to serve Wake County as our City and County grows and continue to be a partner with the City of Raleigh to provide affordable housing, support services and economic opportunity to the community.

Ms. Tedrow presented Council members with a packet of information relative to their program. The comments were received.

CONSENT AGENDA

CONSENT AGENDA – APPROVED

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. Mayor McFarlane explained the vote on the consent agenda will be a roll call vote. Mayor McFarlane stated she had not received any requests to withdraw any items. Ms. Baldwin moved approval of the consent agenda as presented. 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. The items on the consent agenda were as follows.

HISTORIC PRESERVATION – SALE OF REAL PROPERTY AT 420 AND 422 SOUTH BLOODWORTH STREET – APPROVED

Staff from the departments of City Planning and Housing and Neighborhoods recommends the direct sale of lots located at 420 and 422 South Bloodworth streets to the nonprofit Preservation North Carolina for the purpose of historic preservation utilizing NCGS 160A-266. The Gorham houses, located at 112 and 114 East Lenoir Street, are proposed for relocation to prevent demolition, an outcome of the rezoning case Z-42-14. The structures will be relocated to lots on South Bloodworth Street, managed by the Housing and Neighborhoods Department and currently proposed for single family redevelopment. Sale of the property, in the amount of $145,000, includes the implementation of historic preservation easements and rehabilitation agreements to ensure the houses are restored and preserved in perpetuity.

Recommendation: Authorize the sale of lots located at 420 and 422 South Bloodworth Street to Preservation North Carolina for the amount of $145,000 in accordance with statutory conditions specified by GS 160A-266, to include a multi-party agreement for the preservation of the houses prior to and during relocation, historic preservation easements, and a rehabilitation agreement. Upheld on Consent Agenda Baldwin/Crowder – 8 ayes.

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DOROTHEA DIX PARK – FEE STRUCTURE – APPROVED; ORDINANCE ADOPTED RELATING TO CONSUMPTION OF MALT BEVERAGES

After a comprehensive comparison of fees at event venues in the region and throughout the United States, staff recommends the following fee structure for event locations at Dorothea Dix Park:

Big Field – $2,000 The Grove – $750Flowers Field – $750 Athletic Field – $350Harvey Hill – $350 Williams Field – $3505K Race Standard Route – $500 Race, Non-Standard Route – $750

Staff also recommends an amendment to Ordinance 201-502 to include Dorothea Dix Park to the list of city parks that permit the consumption of malt beverages and unfortified wine.

Recommendation: Approve the proposed rental fee structure for events at Dorothea Dix Park and amend Ordinance Number 2015-502 to include Dorothea Dix Park in Section 12-4002. Upheld on Consent Agenda Baldwin/Crowder – 8 ayes. See Ordinance 607.

ANNEXATION PETITION – 5201 SINCLAIR DRIVE – REFERRED TO CITY CLERK TO CHECK SUFFICIENCY AND SCHEDULE HEARING

The agenda presented the following petition for annexation.

AREA NAME AND DISTRICT PETITIONER ACRESPROPOSED

USEContiguous Petition: 5201 Sinclair Drive Sinclair Mini Storage (B) Guy Lampe 7.62 Commercial

Recommendation: Acknowledge the annexation petition and direct the City Clerk to check the sufficiency of the petition pursuant to State statute and if found sufficient, authorize advertisement for public hearing to be held July 19, 2016. Upheld on consent agenda Baldwin/Crowder – 8 ayes.

POLICE DEPARTMENT – 20126 JUSTICE ASSISTANCE GRANT – MANAGER TO AUTHORIZED TO EXECUTE MOU AND BUDGET AMENDED

The Raleigh Police Department is preparing to submit a grant application in partnership with the Wake County Sheriff’s Office for formula funding from the 2016 Justice Assistance Grant program. A copy of the grant application is included with the agenda packet; the Police Department will be the fiscal agent of the grant. Grant funding for the department will be used to pay overtime and fringe benefits to sworn officers working on problem-oriented policing projects. A total of $150,229 in federal funding was allocated to the Raleigh/Wake County area; the City will receive $82,626 while the Wake County Sheriff is apportioned $67,603 based on jurisdiction. No cash match is required for this grant. The grant application was administratively approved by the grants committee on June 9, 2016.

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Recommendation: Authorize submission of the grant application, authorize the City Manager to execute the required Memorandum of Understanding, and authorize a budget amendment in the amount of $150,229. Upheld on Consent Agenda Baldwin/Crowder – 8 ayes. See Ordinance 608 TF 278.

POLICE DEPARTMENT – 2016 COPS HIRING GRANT – AUTHORIZED TO SUBMIT APPLICATION

The Raleigh Police Department is preparing to submit a grant application to the U.S. Department of Justice Office of Community Oriented Policing Services for funding from the FY 2016 COPS Hiring Program. Grant funding will be used to pay salaries and fringes for eight entry-level police officers for a 36-month period; the eight positions are not included in the proposed FY17 budget. The recently completed police workload study recommended the addition of eight officers per year through the year 2020 for the department to be able to maintain the level of service that it currently provides.

The grant requires that grant award recipients retain any grant-funded officer positions for at least 12 months immediately after the 36 month period of federal funding has ended; if the grant is awarded the police department will adjust future budget requests to account for the additional, grant funded positions which in year four would represent an ongoing general fund annual appropriation. A 25 percent local match is required. If awarded, the federal grant amount would total $929,716; the required City match would total $327,133 and tentatively sourced from asset forfeiture proceeds and appropriated when the grant is formally accepted. The grant application was administratively approved by the grants committee on June 9, 2016.

Recommendation: Authorize staff to submit the grant application. Upheld on Consent Agenda Baldwin/Crowder – 8 ayes.

POLICE DEPARTMENT – DWI SQUAD GRANT – RESOLUTION ADOPTED AUTHORIZING SUBMITTAL OF GRANT

The City is seeking grant funding from the National Highway Traffic Safety Administration (NHTSA) to continue with year four of a grant to support a DWI enforcement squad consisting of four officers and one sergeant to detect and arrest impaired drivers. The grant is funded at 50 percent and will pay a total of $196,762 in federal funds for salaries, fringe benefits, equipment, and travel costs for in-state and out-of-state training opportunities. The required local match for the fourth year of this four-year grant is 50 percent, which will amount to $196,761. The grant application was administratively approved by the grants committee on January 21, 2016.

Recommendation: Authorize staff to submit the grant application and authorize the Mayor to execute the Local Governmental Resolution to be submitted with the grant application. Upheld on Consent Agenda Baldwin/Crowder – 8 ayes. See Resolution 326.

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RECREATION LEAGUE OF SOFTBALL OFFICIALS – CONTRACT WITH FUN2REF – APPROVED – MANAGER AUTHORIZED TO EXECUTE

The Parks, Recreation, and Cultural Resources Department utilize contract services to provide officials for recreational softball league play. The current contract expires in July 2016. Following a request for proposals, staff received one bid to provide services from Fun2Ref, which is located in Durham, North Carolina.

The contract would provide officiating services from August 2016 – July 2019 for a total amount $277,713.

Name of Project: Recreation League OfficialsManaging Division: Parks, Recreation, and Cultural Resources –

Recreation DivisionRequest Reason: Contract ExecutionCause of Contract: Contract officials for league playVendor: Fun2RefAmount of this Contract: $277,713Encumbered with this Approval: $92,571- FY17 (Year one of three)

Recommendation: Authorize the City Manager to execute a contract in an amount not to exceed $277,713. Upheld on Consent Agenda Baldwin/Crowder – 8 ayes.

INTERLOCAL AGREEMENT – WAKE COUNTY HUMAN SERVICES/4-H CLUB YOUTH DEVELOPMENT WORK SHOPS – APPROVED

The Wake County Human Services Department (WCHS) 4-H Youth Development program will provide healthy living workshops through classroom and interactive instruction. The goal of the program is to teach healthy choices specific to obesity prevention, active living, and general life skills development to participants. Utilization of resources and personnel from both WCHS 4-H Youth Development and the PRCR Teen Program will maximize the opportunity for a successful program. Workshops provided by WCHS shall be free of charge to all participants. No compensation shall be paid by either party.

The inter local agreement serves as a larger collaboration between Wake County and the City to foster and further develop a healthier community and provides the roles and responsibilities of each agency.

Name of Project: Healthy Living WorkshopsManaging Division: Parks, Recreation, and Cultural Resources –

Recreation DivisionRequest Reason: Execute Contract ($0)Cause of Contract: Inter local agreement between Wake County

Human Services and the City of RaleighVendor: Wake County Human Services

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Currently Encumbered (% of estimate): N/AAmount of this Contract: $0Encumbered with this Approval: $0

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

SECURITY SERVICES FOR VARIOUS CITY SITES – ADMIRAL SECURITY – AMENDMENT – APPROVED

A services contract was executed July 3, 2013 with Red Coats, Inc. d/b/a Admiral Security for security services at multiple City facilities. Contract amendment number five includes extending services for two years, from July 1, 2016 through and including June 30, 2018 under the terms of the initial agreement and subsequent amendments. Sites where security services are necessary include the Municipal Complex and downtown facilities as well as the Central Communications Center.

Name of Project: Security Services for City SitesManaging Division: Parks, Recreation, and Cultural Resources –

Facilities and OperationsApproval Requested: Contract RenewalReason for City Council Review: Contract >$150,000 (City Council policy)Original Contract Total: $304,776 (PR152-13)Vendor: Red Coats, Inc. d/b/a Admiral SecurityPrior contract activity: $75,273 – amendment number one (PR234-13)

$14,400 – amendment number two (PR177-14)$63,788 – amendment number three (PR262-15)$1,475 – amendment number four (PR8-16)

Amount of this amendment: $414,216 – amendment number fiveReason for this amendment: Two-year contract renewalAnticipated future amendments: Amendments may occur as locations are added or

removed from the contractBudget transfer required: N/A

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

ELEVATOR, ESCALATOR AND DUMBWAITER MANAGEMENT – CONTRACT AMENDMENT #3/OTIS ELEVATOR COMPANY – APPROVED

A service contract was executed July 3, 2013 with Otis Elevator Company for elevator, escalator, and dumbwaiter maintenance services at multiple City facilities. Contract amendment number three includes extending services for one additional year, from July 1, 2016 through June 30, 2017, under terms of the initial agreement and subsequent amendments.

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Name of Project: Elevator, Escalator, and Dumbwaiter Maintenance Service

Managing Division: Parks, Recreation, and Cultural Resources – Facilities and Operations

Approval Requested: Contract AmendmentReason for City Council Review: Contract >$150,000 (City Council policy)Original Contract Total: $695,484 (PR148-13)Vendor: Otis Elevator CompanyPrior contract activity: $4,356 – amendment number one (PR246-13)

$4,092 – amendment number two (PR278-13)Amount of this amendment: $234,996 – amendment number threeReason for this amendment: One-year contract renewalAnticipated future amendments: Amendments may occur as locations are added or


Recommendation: Authorize the City Manager to execute contract amendment number three for the Elevator, Escalator, and Dumbwaiter Maintenance Service contract with Otis Elevator Company. Upheld on Consent Agenda Baldwin/Crowder – 8 ayes.

LAWN CARE – VARIOUS PARKS, RECREATION AND CULTURAL RESOURCES – VARIOUS CITY FACILITIES – TURF SERVICES, INC AMENDMENT – APPROVED

A professional services contract was executed February 27, 2013 with Turf Service, Inc. for lawn care services at multiple City facilities. Contract amendment number six includes extending services for two years, from July 1, 2016 through and including June 30, 2018 under the terms of the initial agreement and subsequent amendments.

Name of Project: Lawn Care ServicesManaging Division: Parks, Recreation, and Cultural Resources –

Facilities and OperationsApproval Requested: Professional services contractReason for City Council Review: Contract >$150,000 (City Council policy)Original Contract Total: $183,423 (PR30-13)Vendor: Turf Service, Inc.Prior contract activity: $8,547.50 – amendment number one (PR236-13)

$19,392 – amendment number two (PR271-13)$39,104 – amendment number three (PR32-15)$24,170.65 – amendment number four (PR281-15)$3,258 – amendment number five (PR37-16)

Amount of this amendment: $300,744 – Amendment number sixReason for this amendment: Two year contract renewalAnticipated future amendments: Amendments may occur as locations are added or


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Recommendation: Authorize the City Manager to execute contract amendment number six for lawn care services contract for multiple City facilities with Turf Service, Inc. Upheld on Consent Agenda Baldwin/Crowder – 8 ayes.

TECHNOLOGY ENTERPRISE AGREEMENT – CONTRACT WITH MICROSOFT CORPORATION – APPROVED

Since 2005, the City has maintained an enterprise agreement with Microsoft that enables enterprise software consistency and access to software upgrades for desktop, database, and server infrastructure. Staff recommends executing a second and additional three-year agreement for Microsoft Office 365 and Exchange under the State of North Carolina Information Technology Services contract with Dell (State Contract 208C). The enterprise agreement will not exceed $2,250,000 over the three-year term.

This contract was a planned expenditure to implement a current capital project. The new agreement ensures discounted license rates, which will save the City $327,465 in license costs over the three-year term.

Recommendation: Authorize the City Manager to execute the enterprise agreement with Microsoft Corporation not to exceed $2,250,000 over the three-year term and to transfer amounts within the Technology Fund for this contract. Upheld on Consent Agenda Baldwin/Crowder – 8 ayes.

ENCROACHMENT – RIDGE ROAD, HORTON ROAD AND HARDEN ROAD – MCNC – APPROVED CONDITIONALLY

A request has been received from MCNC to install 1,000 feet of fiber optic cable and 10 hand holes to access existing conduit. 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/Crowder – 8 ayes.

BUDGET AMENDMENT – VARIOUS – APPROVED

Vehicle 1833 was involved in an accident earlier in the year which it a total loss, with the other party deemed at fault. The vehicle has a primary mission in transporting children in one of the Summer Youth Programs within the Parks, Recreation & Cultural Resources Department. The lack of the vehicle creates a burden for the program with regard to the transport of participants.

The Risk Management division has resolved the claim and a budget amendment in the amount of $17,807 is necessary to appropriate insurance proceeds for use in procuring a replacement vehicle.

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Recommendation: Authorize budget amendment in the amount of $17,807. Accounting detail was included with the agenda packet. Upheld on Consent Agenda Baldwin/Crowder – 8 ayes. See Ordinance 608 TF 278.

TRAFFIC – VARIOUS CHANGES – ORDINANCE ADOPTED

The agenda presented the following traffic change which would become effective days after Council action unless otherwise indicated:

No Parking Zone – Fox Road

It is recommended that a No Parking Zone be established on the west side of Fox Road between Somerset Mill Lane and Spring Pines Way. A request was received from a homeowner on Somerset Mill Lane requesting that a No Parking Zone be implemented along the west side of Fox Rd beginning just north of the intersection, extending southward to Spring Pines Way. Vehicles turning left off Somerset Mill Lane are unable to see approaching northbound traffic due to the many vehicles parked along Fox Road at this location. Staff completed a site study and confirmed the existence of this hazard. The only two affected property owners in this block were duly notified by letter and provided two weeks to respond, but no concerns were expressed by either party.

Food Truck Vendor Parking Zone – Polk Street, Harrington Street, Bloodworth Street, State Street

It is recommended that four Food Truck Vendor Parking Zones be established in the 100 block East Polk Street, 300 block of South Harrington Street, 300 block of South Bloodworth Street, and 100 block of South State Street. City Council approved Ordinance 12-1024.1 for the implementation of Food Truck Vendor Parking Zones at the March 15, 2016 meeting along with a recommended six-month pilot project from the Planning Department in four locations in the downtown area. Staff is recommending these four Food Truck Vendor Parking Zones be added to the Traffic Schedule.

On-Street Motorcycle Parking – Glenwood Avenue

It is recommended that a six-month pilot program be implemented to provide designated two-hour on-street motorcycle parking in the 300 block of Glenwood Avenue. A request was received from the owner of Devolve Moto (a motorcycle clothing, apparel, and coffee bar located at 304 Glenwood Avenue) to establish designated on-street metered parking for motorcycles in this block. The store has attracted a large number of motorcyclists since it first opened nearly a year ago. The parking spaces in front of the store are often filled with motorcycles on weekends when no cars are parked, but this situation is unreliable. The number of motorcycles and scooters coming downtown has increased significantly in recent years and there are few places where they can legally and conveniently park. Other cities such as Wilmington have already established a designated on-street motorcycle parking program. Staff worked with the pay-station supplier for several months to confirm that two metered spaces in

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front of the store could be converted into nine designated motorcycle spaces to provide two-hour metered parking from 8 a.m. to 5 p.m., Monday to Friday but will continue to be dedicated for motorcycle parking at all other times. Providing such parking would contribute culturally and environmentally as well as being an effective management strategy in maximizing parking density. It is recommended that the pilot run for six months in order to monitor usage through the summer and fall seasons. An update report will be provided in December.

One-Hour Parking Meter Zone – 100 West Lane Street

It is recommended that a One-Hour Parking Meter Zone be established on the North side of West Lane Street between Salisbury Street and McDowell Street. As the result of a recent staff review of current parking inventory, it was determined that the current One-Hour Parking Restriction on West Lane was being abused by employees and would be better utilized as metered spaces for more consistent turnover to enhance the government services relying on this parking for customers. The directors of the two government facilities that front this zone are in agreement with this change.

Recommendation: Approve as recommended and authorize the appropriate changes in the traffic code was included with the agenda packet. Upheld on consent Agenda Baldwin/Crowder – 8 ayes. See Ordinance 609.

END OF CONSENT AGENDA

REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION

TC-5-16 - NEW BERN – EDENTON NCOD: REFERRED TO GROWTH AND NATURAL RESOURCES COMMITTEE

This request amends the Part 10A Raleigh Unified Development Ordinance, in Neighborhood Conservation District to add provisions for fee-simple townhouse lots within portions of the existing New Bern – Edenton NCOD.

The Planning Commission recommends approval of the request. Staff suggests a public hearing date of July 5, 2016.

Planning Commission Chair Schuster and Assistant Planning Director Crane were at the meeting to explain this item. Mr. Schuster pointed out there was a lot of conversation and a lot of confusion relative to this item. He stated the text change would simply allow townhome ownership. It provides more opportunity for the area, it doesn’t change what is allowed just provides for ownership of the property. Mr. Gaylord stated he understands it doesn’t change the structure just allows ownership. Mr. Gaylord moved that the public hearing be authorized. Ms. Crowder pointed out this may be clear to some but there seems to be a lot of confusion; therefore, she would request that the item be referred to Growth and Natural Resources Committee for discussion. Without objection the item was so referred.


TC-9-16 – NORTH RIDGE SOUTH NEIGHBORHOOD BUILT ENVIRONMENT CHARACTERISTIC – PUBLIC HEARING AUTHORIZED FOR JULY 5

This request amends the Part 10A Raleigh Unified Development Ordinance, in Neighborhood Conservation District to add neighborhood built environmental characteristics and regulations for the North Ridge South neighborhood.


Mr. Thompson moved approval of the July 5 public hearing. 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.

REZONING Z-9-16 – SANDY FORKS ROAD – PUBLIC HEARING AUTHORIZED FOR JULY 5, 2016

This is a request to rezone property from Residential-4 (R-4) to Office Mixed Use-3 stories-Conditional Use (OX-3-CU).


Ms. Baldwin moved approval of the July 5 public hearing. 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.

REZONING Z-1-14 – REQUEST FOR WAIVER OF 24 MONTH WAITING PERIOD – APPROVED

This is a request for Waiver of the 24-month waiting period for reapplying for rezoning (subsequent to the denial of rezoning case Z-1-14 by City Council on May 12, 2015). Granting this request will allow submittal of a new rezoning request for any combination of the subject properties before May 12, 2017.

The Planning Commission recommends approval of the request. There is no public hearing required. If approved, the applicant could submit a rezoning petition.

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


TC-10-16 – OBERLIN VILLAGE NCOD BUILDING HEIGHT – PUBLIC HEARING AUTHORIZED FOR JULY 5, 2016

This request amends Section 5.4.3.12.f. of the Part 10A Raleigh Unified Development Ordinance, Oberlin Village Neighborhood – Maximum Building Height, to clarify that 25’ is the maximum building height in the NCOD.


Mr. Stephenson moved approval of the July 5, public hearing. His motion was seconded by Ms. Crowder and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

SPECIAL ITEMS

REZONING Z-5-16 – ROCK QUARRY ROAD – APPROVED – ORDINANCE ADOPTED

During the June 7, 2016 Council meeting, a hearing was held to consider a request from Hurshel G. Strickland to rezone approximately 11.65 acres from Residential-4 (R-4) and Neighborhood Mixed Use – 3 stories – Parkway Frontage – Conditional Use (NX-3-PK-CU) to Neighborhood Mixed Use – 3 stories – Conditional Use (NX-3-CU) and Residential Mixed Use – 3 stories – Conditional Use – Parking Limited Frontage (RX-3-CU-PL). The property is located on the south side of Rock Quarry Road, south of Jones Sausage Road and S. New Hope Church Road.

The hearing was closed and it was directed that the item be placed on this agenda to allow the applicant an opportunity to present revised conditions. Revised conditions dated June 7, 2016 have been received and are included with the agenda packet. The Council may take action to approve, deny or refer the item to committee.

Planner Bynum Walter explained the new conditions were timely received and the Council could move forward if it so desires. Mr. Branch moved approval of Z-5-16 – Rock Quarry Road with conditions dated June 7, 2016. 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 Ordinance 610 ZC 733.

AMPLIFIED ENTERTAINMENT PERMIT – THE MERRIMON-WYNNE HOUSE – FINDINGS AND CONCLUSIONS – APPROVED AS AMENDED

During the May 3, 2016 Council meeting, an evidentiary hearing was held to consider a request from Jodi Heyens Strenkowski, on behalf of Heyens Holding NC, LLC, d/b/a The Merrimon-Wynne House, LLC for renewal of a previously approved outdoor amplified entertainment permit for The Merrimon-Wynne House located 500 N. Blount Street. The request is for renewal of the amplified entertainment special use permit to allow amplification to occur between the


hours of 4:00 p.m. and 10:00 p.m., Monday through Thursday and 1:00 p.m. and 11:00 p.m., Friday through Sunday. The permit requested is for a 24-month period.

The Council continued the hearing to allow the applicants and the adjacent property owners an opportunity for further conversation and directed that the item be placed on the June 7, 2016 agenda.

During the June 7, 2016 Council meeting, the applicants and neighbors presented an amended request and conditions for a three-month trial period for the requested outdoor amplified entertainment permit, with the understanding that at the end of the three-month trial period, all parties will assess the experience and prepare any conditions for a potential long-term permit.

The Council closed the hearing and approved the request/conditions for a three-month trial period and directed that the item be placed on this agenda to consider proposed findings of fact and conclusions of law. That document was included with the agenda packet. The Council may take action to approve the findings and conclusions.

NORTH CAROLINABEFORE THE RALEIGH CITY COUNCIL

WAKE COUNTY SU-1-16

IN RE: The Merrimon-Wynne House

On May 3, 2016 and June 7, 2016, the Raleigh City Council held hearings to receive evidence in the matter of the Applicant, The Merrimon-Wynne House, for a request to renew a previously approved outdoor amplified entertainment for The Merrimon Wynne House, located at 500 North Blount Street. After conferring with neighbors and other interested parties, the request is for the probationary renewal of an amplified entertainment special use permit to allow amplification and other ambient noise from the Carriage House structure to occur between the hours of 4:00 p.m. and 10:00 p.m., Monday through Thursday, and 1:00 p.m. and 11:00 p.m., Friday through Sunday, for a permit duration of 3 months. All outdoor amplification is proposed to be located entirely on the business premises within the establishment’s lots. As a result of the hearings and the testimony and other evidence received (including the agreed upon conditions between the Applicant and other neighbors), the City Council makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

1. All parties necessary to the determination of this request were properly notified and were or had the opportunity to be represented at the hearing. Without objection, the entire record was admitted into evidence.


2. Raleigh City Code §12-2120 requires the following conditions be satisfied before an amplified entertainment permit may be issued.

a. The establishment’s proximity to residential areas, schools, churches, and health care facilities.

The Merrimon-Wynne House is owned by Heyens Holding NC, LLC. The business is located at 500 North Blount Street (the lots at 500 and 510 N. Blount Street were recombined in January 2016). It is located in an O&I-2 zoning district and is also within two overlay districts, a General Historic Overlay District and a Planned Development Overlay District. The Merrimon-Wynne House has been designated as an assembly occupancy building by the City of Raleigh. The proposed location for the outdoor amplified music is either adjacent to the Merrimon-Wynne House or on the adjacent lot purchased by the owners. The closest school (William Peace University) is located 600 feet away from the Merrimon-Wynne House. The closest church (Holy Trinity Church) is located 500 feet from the Merrimon-Wynne House. WakeMed Raleigh is located 3.1 miles from the Merrimon-Wynne House.

b. The establishment’s history of compliance with noise and nuisance law.

The Raleigh Police Department and the Inspections Department have no reported citations or observations of noise or nuisance law violations.

c. Access with respect to pedestrian and automotive safety, traffic flow, emergency service.

The property was designed so that it does not hinder pedestrian or automotive safety, traffic flow, or emergency service. The Merrimon-Wynne House is located on the corner of Blount Street and Polk Street, and the driveway that was built on the Polk Street side of the property has a fire lane, handicapped parking, and service parking. In case of emergencies, there is unrestricted access to the building by way of the Polk Street driveway.

The vast majority of Merrimon-Wynne events take place after 5:00 pm and/or during the weekend. As such, there is always plenty of available public parking along Blount Street, Polk Street, and Person Street at those times.

The proposed outdoor amplification will not be located within the public right-of-way; it will be on private property.


d. Intensity including such considerations as size, location, hours and/or conditions of operation, and number of participants.

In an effort to greatly reduce and hopefully eliminate our sound impact on the neighborhood, the Applicant built an ancillary structure known as The Carriage House. This structure was built so that wedding receptions can take place inside a permanent building instead of a tent. Significant steps were taken to install additional insulation throughout the building, and the Applicant also created a highly insulated musician shell inside the structure to further dampen the sound.

Due to restrictions within the historic district, on occasion, The Merrimon-Wynne House will have an event that is larger than the new building can comfortably accommodate. By renewing the permit, the Applicant will occasionally be able to open the doors of the enclosed building for events that need to overflow into the covered pergola with drop down tent sides.

The primary use of The Merrimon-Wynne House is wedding ceremonies and wedding receptions. Most of these weddings take place on Saturday evenings, start with a ceremony at 5:30 pm, and are followed by a cocktail reception inside the house, and a dinner reception outside the house inside the carriage house and the adjoining pergola.

The vast majority of outdoor events at The Merrimon-Wynne House take place on Friday or Saturday evenings with moderate and tasteful music operating primarily between 8:00 pm and 11:00 pm. The indoor entertainment is set up in the rear area of the property in the 40’ x 60’ Carriage House with adjoining covered pergola. The events at The Merrimon-Wynne House average 150 participants.

The Applicant emails neighbors and other interested persons on a regular basis to provide information of the upcoming events. The Applicant, and agents thereof, monitor the sound on-site during events. The Applicant has provided real-time contact information to the neighbors and other interested persons so that information related to the sound may be conveyed to the Applicant. All of these efforts have been well-received by the neighbors.

e. Landscaping, screening, fencing with respect to protecting affected properties from anticipated noise, loss of privacy, and glare; preserving of important natural features, or harmonizing the request with affected properties.

Since The Merrimon-Wynne House is located in the Historic Blount Street District, there were restrictions as to the type of screening that could be


installed on the property. The current landscaping includes two rows of 10 -foot Magnolia trees that were planted in the front of the property, and a row of 10 -foot Nellie Stevens Holly trees that were planted in the back of the property directly behind the new building, as well as a 10-foot fence that was installed by Stanley Martin Homes directly behind the new building. Additionally, there is a complete row of 6-foot bushes planted along the property line between The Merrimon-Wynne House and The Brooks residence, and some small shrubs planted between the new building and Polk Street. These plantings were installed in an effort to create screening and reduce noise.

The Merrimon-Wynne House now also requires all musical performers to sign and abide by a band rider which outlines The Merrimon-Wynne House entertainment policy. This policy states that the Merrimon-Wynne manager will switch musical performers to low-volume iPod music controlled by The Merrimon-Wynne House and/or close all doors (in the case of occasionally needing to open the doors to the pergola) if the performer exceeds the allowable decibel levels. Additionally, an onsite member of The Merrimon-Wynne staff is available throughout all events via the telephone, text, or email, and contact information will continue to be shared with all interested parties and neighbors.Applicant will continue to work with its sound engineer, the neighbors and patrons to minimize the noise.

f. Control or elimination of noise, dust, vibration, and lighting.

The Carriage House, landscaping, and other established communication protocols control any noise, vibration, and lighting. The Merrimon-Wynne House events do not create dust or dirt. The facility is constantly maintained, and it is thoroughly cleaned before and after every event.

Testimony was received that the Applicant and a group of interested neighbors conferred and agreed to the following conditions in an effort to achieve flexibility with events while at the same time being mindful of the surrounding neighbors:

Implementation of Probationary Conditions

All Merrimon-Wynne events, not limited to just those with outdoor amplified entertainment, must comply with the maximum noise limitations set forth by the Neighborhood Business Zoning District as specified in Raleigh Code of Ordinances Sec. 12-5003 (60 dB(A) daytime) and measured as specified in Raleigh Code of Ordinances Sec. 12-5002 (all sound measurements will be taken at the property line, above the fence where applicable). Additional conditions of the outdoor amplified


entertainment permit for music louder than light background music are the following:

1. Valid for 3-month probationary period.2. No source of amplified entertainment will be placed or projected

outdoors (with the exception of light ceremony or dinner music). 3. Outdoor amplified entertainment events may only occur on Friday or

Saturday.4. Merrimon-Wynne will provide (at least) 48 hours advance notification

to concerned neighbors and Burning Coal of any event with outdoor amplified entertainment.

5. During the 3 month trial period, a maximum of 3 events will take place with outdoor amplified music so that an accurate assessment of the sound can be conducted.

6. The 3 events will not take place on nights that Burning Coal is conducting performances. Merrimon-Wynne will organize one sound test with Burning Coal before the first of the 3 events, and will not proceed with the first event or any subsequent such event until Burning Coal is satisfied with the sound level.

7. The Blount Street Commons HOA and Merrimon-Wynne agree to hire a mutually agreed-upon independent sound monitoring professional for the 3 events during the trial period with outdoor amplified entertainment (to be fully reimbursed by Merrimon-Wynne for all related costs) or to have the events fully monitored by RPD if available. Sound monitoring results will be accessible to all parties in both real time and regularly issued reports. Additionally, Merrimon-Wynne will identify, evaluate, and recommend to the Blount Street Commons HOA options for automatic sound monitoring systems within the 3-month trial period that could be utilized to eliminate the need for human sound monitoring, and that could be used for all events.

8. Per Raleigh Code of Ordinances Sec. 12-5006, bass should be severely limited or off as this is a source of Unnecessary Noise as per definition outlined in Chapter 5. This will be enforced as stated in Sec. 12-5009.

9. If noise is measured in excess of 60 dB(A) or any lower level established pursuant to paragraph 6 above or there is a complaint to Raleigh Police Department that is confirmed to be in violation of the Raleigh noise ordinance by the responding police officer, all carriage house doors will be immediately closed and must remain shut for the remainder of the event. This does not apply to isolated instances of peaked noise caused by non-amplified activity.

10. The outdoor amplified entertainment trial permit will be revoked by the City if either of the following conditions are met (based on documentation from the City of Raleigh):


a. 2 or more of the 3 events with outdoor amplified music incur noise violations from Raleigh Police Department

b. 2 or more of any Merrimon-Wynne events incur noise violations from Raleigh Police Department

Merrimon-Wynne also agrees to take the following additional measures to reduce unnecessary noise:

1. Leaf blower or other loud equipment will not be used outside during the weekends (Saturday and Sunday) before 10am and weekdays (Monday through Friday) before 8am.

2. All activity behind the carriage house will be minimized including bar breakdown which will occur inside.

3. Merrimon-Wynne will add a clause to vendor contracts requiring them to take all necessary measures to reduce sound while working on Merrimon-Wynne property.

4. Merrimon-Wynne will install locks on the dumpsters so that untrained staff will not throw out bottles or other materials that could make loud noise. Dumpsters will only be available to Merrimon-Wynne staff, who will be trained to throw things away as quietly as possible.

5. Merrimon-Wynne will comply with Raleigh Lighting Ordinance which limits light spillover at residential property lines to a maximum of 0.5 footcandle.

g. The proposed use will not adversely impact public services and facilities such as parking, traffic, police, etc., and that the secondary effects of such uses will not adversely impact on adjacent properties. The secondary effects would include but not be limited to noise, light, stormwater runoff, parking, pedestrian circulation and safety.

The proposed use will not adversely impact public services, facilities such as parking, traffic, or police, and the secondary uses will not adversely impact adjacent properties related to noise, light, stormwater runoff, parking, pedestrian circulation, and safety. Events will primarily take place on weekend evenings that end prior to 11:00 pm. All sound will be maintained within the allowable limits.

The City Council may consider additional evidence to determine conformance with this or other findings.

CONCLUSIONS OF LAW

1. The requirements of the Raleigh City Code 12-2120 have been met and the Applicant The Merrimon-Wynne House is entitled to a probationary outdoor


amplified entertainment permit for three (3) months after the date of enactment of this amplified entertainment permit.

2. Pursuant to the provisions of G.S. 160A of the North Carolina General Statutes, the City Council is empowered to place conditions upon an amplified entertainment permit.

3. The request made in SU-1-16 as set out and modified in this Order is hereby approved.

Associate City Attorney Botvinick indicated an amendment needs to be made to refer to the correct zoning and suggested that Section 2.a.- second and third sentences be amended to read as follows:

The business is located at 500 North Blount Street (the lots at 500 and 510 N. Blount Street were recombined in January 2016). It is located in a Planned Development District and is also within a General Historic Overlay District.

Ms. Baldwin moved approval of the findings and conclusions with that amendment. 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.

REPORT AND RECOMMENDATION OF THE CITY MANAGER

NO REPORT

REPORT AND RECOMMENDATION OF BICYCLE AND PEDESTRIAN COMMISSION

BICYCLE AND PEDESTRIAN COMMISSION – PROPOSED 2016-17 WORK PLAN – APPROVED

A representative of the Bicycle and Pedestrian Advisory Commission (BPAC) will present the proposed work plan for 2016-17. The plan includes multiple initiatives to promote improving conditions for walking and cycling in Raleigh, including providing input on the proposed Comprehensive Plan update, pursuing improved designation as a Bicycle Friendly Community, pursuing first-time designation as a Walk Friendly Community, and partnering with other agencies and groups on Safe Routes to School initiatives.

Recommendation: Adopt the annual work plan.

Paul Neville, Vice Chair of the Bicycle and Pedestrian Commission, expressed appreciation to the City Council for the support the Council has given over the past years. He stated the Bicycle and Pedestrian Commission recommends approval of their work plan as follows:


General Commission Initiatives: Coordinate and participate in the annual Triangle Bicycle & Pedestrian Workshop Provide input on the proposed Comprehensive Plan Update Monitor Citywide bicycle and pedestrian crash data Promote the City’s application for Walk Friendly Community designation Promote improving the City’s current bronze-level Bike Friendly City designation

Community Outreach Committee: Partner with local schools, government agencies, and advocate groups to develop Safe

Routes to School Initiatives, and promote Bike to School and Walk to School activities. Participate in NCDOT’s “Watch for Me, NC” Campaign to promote bicycle and

pedestrian safety messages citywide Improve the public understanding of BPAC by increasing, promoting, and expanding:

o Interest in the BPAC social media (Facebook page, bikerraleigh.org blog)o Public participation and interaction with bike/pedestrian initiativeso BPAC events and programs that benefit citizenso education for the public on sidewalk funding processes

Visit and present to neighborhood CAC’s throughout the year Develop and host Bike Month Activities and Events Promote the Raleigh Bicycle Benefits program via events and regular rides Follow up with organizations and participants to sustain involvement

Bicycle Planning Committee: Expand the bicycle parking program Develop an On-Road Bicycle Wayfinding & Signage Plan that enhances existing

infrastructure, improves the usability of the bicycle network, and encourages short bicycle trips

Promote the implementation of a bike share program in Raleigh by advocating for implementation funding and sponsorships

Review concerns regarding parking conflicts in bike lanes and consider possible policy or code changes as necessary

Pedestrian Planning Committee: Promote the WalkRaleigh brand; encourage approval for installation along all pilot

corridors and expansion to additional corridors Encourage expanding the use of leading pedestrian interval signals to additional high

traffic locations Advocate for more targeted crosswalk enforcement campaigns throughout the City Coordinate access to transit initiatives with GoRaleigh and GoTriangle to promote

sidewalk improvements and advocate for bus stop amenities (benches, shelters, bike parking, etc.)

Coordinate with City staff to develop a sidewalk maintenance outreach campaign that may include:

o Promoting SeeClickFix reporting for sidewalk repairs


o Conducting pedestrian safety audits to identify needed repairso Reporting sidewalk maintenance expenditures by location

Advocate for the implementation of the City’s various corridor studies Promote October as “Walktober” by coordinating walking-related events

Joint Bicycle & Pedestrian Planning Committee: Promote implementation of the NCDOT “WalkBike, NC” master plan in Raleigh Monitor NCDOT Complete Streets Implementation to ensure future street projects are

designed and constructed for all modes Monitor Unified Development Ordinance implementation and promote bicycle and

pedestrian friendly policies and standards Continued coordinating with the Parks, Recreation & Greenways Advisory Board on

greenways and special events impacts Explore having an Open Streets event

Mr. Branch questioned if there are any issues in the plan that needs to be addressed such as budget impact or proposed funding. Eric Lamb, City Planning, pointed out there is no direct budget impact in the proposal or needed with the proposal. Mr. Gaylord moved approval. 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 PARKS, RECREATION AND GREENWAY ADVISORY BOARD

JOHN CHAVIS MEMORIAL PARK – IMPLEMENTATION STUDY PHASE ONE – DIRECTION GIVEN

An overview of the plan will be presented. Commencing July 2015, the study included three official community meetings and a check-in session with the Public Leadership Group who established community consensus behind the park master plan; the master plan was adopted by City Council in May 2014. The board accepted additional public input on April 21, and voted to recommend approval of the study at the May 19 meeting.

Included with the agenda packet was an Executive Summary which summarizes the Phase 1 Recommendations and Park Development Strategies with a focus on optimal use of the 2014 Park Bond allocation for John Chavis Memorial park. The summary accompanies the full study which contains a record of public input and future park considerations.

Recommendation: Approve the recommendations of the Implementation Study Phase 1 and authorize staff to proceed with schematic design.

Matthew Keough, Project Manager with Parks, Recreation and Cultural Resources, introduced the item in the absence of Mike Surasky, Chairman of the Parks, Recreation and Greenway Advisory Board. Mr. Keough gave the history of the public process on this item including it being before Parks, Recreation and Greenway Advisory Board which had given unanimous


approval of the implementation study. He talked about the history of Chavis Park and how the community and neighborhood grew up around the Park. He presented slides with photos of the park in 1946 when it was a welcomed recreational area and designation park area for African Americans. He talked about the interaction between the City of Raleigh officials, community and project staff and the $12.5M designated in the 2014 park bond.

Steve Schuster, Clearscapes, talked about the basis or role of the park including community, downtown designation, historic park, etc. He talked about the benchmarks relating to urban parks, phased transformation and best practices. He touched on measurable outcomes of a park plan including increased attendance, improved safety/circulation and sustainable amenities.

Fred Belledin, Clearscapes, presented slides showing the approved master plan and the updated master plan pointing out phase I includes a new two-story community center, which represents an increased size. He touched on the Central Plaza which includes event space, shaded seating water features. The new master plan which includes walking trails and a track. Mr. Thompson questioned if the tract is 400 meters with it being pointed out it is not, it is a recreational walking track. He talked about the original carousel building stabilization, drinking fountains, concession opportunity for special events, the existing pool which was built in 1979 and the feeling it is not feasible to spend a lot of money on it at this point but leave it in operation until the Central Plaza is online for construction. It was pointed out as the Central Plaza would conflict with the pool location and it is suggested that the pool be closed at the end of the summer in 2017 when the Central Plaza area construction would be begin. He stated there was not enough funds available for a full service café but hopefully that could be down the line but at this point they would have concession opportunities in the carousel building area.

Mr. Schuster went through the Phase I next steps which would include schematic design and construction documents which would take around 12 months with a 3-month bid and permitting time frame and construction which would take some 16 months with the hope of the construction starting in the winter of 2017.

Mr. Cox questioned the fate of the raised indoor tract in the community center indicating he thought that was planned but run into technical problems. His second question or concern relates to funding and questioned the $11M versus the estimated $9M. Mr. Schuster stated it is felt they could deliver within the budget. Mr. Keough pointed out the issue of the raised track had nothing to do with the technical problems it was a funding issue. Mr. Thompson asked about increasing the size of the track to make it a 400 meter or competition type track. Mr. Belledin indicated that had been studied and it could fit; however it would negatively impact the fitness and tennis courts. The smaller track can be the size of a qualifying type track.

Mayor McFarlane questioned if there had been contact with Shaw University about the possibility of partnering for a track for joint use. Mr. Keough pointed out Shaw University officials were interested and hope to see the track move forward; however, not to the point of sponsorship. He pointed out the community is not at the point of being ready to move forward with a competitive track. Mr. Gaylord questioned if Ligon School had been approached about


using the track or tennis courts with Mr. Keough pointing out there was no discussion about joint use.

Mr. Schuster talked about the phasing of this master plan and the work to not paint the city into a corner and limit future phases. Mr. Schuster responded to questions from the Mayor about the water problems in the carousel building being addressed. Mr. Branch stated it was his understanding the total cost of all phases is estimated to be some $52M with Mr. Schuster stating it could be in that range and stated estimates would be provided with the scope of services and everyone is working towards a lower cost. Mr. Stephenson talked about concerns in the neighborhood and the neighborhood’s loss of trust in the city during the carousel restoration project and expressed appreciation to all concerned for the hard work to turn that negative feeling around.

Ms. Baldwin moved approval of the recommendations as presented. Her motion was seconded by Mr. Branch and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

DOG FACILITIES – BUFFALOE ROAD DOG PARK AND JAYCEE PARK DOG RUN – VARIOUS ACTIONS APPROVED

The Board recommendation for approval of new off-leash dog facilities at Buffaloe Road Athletic and Jaycee Park will be presented. Schematic designs have been presented to the public as well as the Parks, Recreation and Greenway Advisory Board.

Recommendation: Receive the Off Leash Dog Facilities Program Statement as information.Authorize Approval of the following:

Schematic design for the Buffaloe Road Dog Park; Schematic design for the Jaycee Park Dog Run; and Direct staff to conduct a more comprehensive dog park study and analysis. The study

would include geographic distribution, opportunities and access for urban as well as suburban areas, potential Unified Development Ordinance tools to encourage dog related amenities by developers and a prioritized strategy for implementation in future capital improvement programs.

Ms. Baldwin pointed out this is something she has been waiting for quite some time and moved approval as outlined. 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.


REPORT AND RECOMMENDATION OF THE ECONOMIC DEVELOPMENT AND INNOVATION COMMITTEE

ECONOMIC DEVELOPMENT AND INNOVATION COMMITTEE – JUNE 28 MEETING – CANCELED

Mayor McFarlane pointed out the Economic Development and Innovation Committee does not have a report and would not be meeting on June 28, 2016.

REPORT AND RECOMMENDATION OF THE GROWTH AND NATURAL RESOURCES COMMITTEE

STORMWATER DRAINAGE ASSISTANCE POLICY – REVISIONS – ORDINANCE AND RESOLUTION ADOPTED

Chairperson Crowder reported the Growth and Natural Resources Committee recommends adoption of a resolution approving the Stormwater Drainage Assistance Policy and adoption of an ordinance amending City Code section 12-6003(d) to conform to the new policy. Copies of the proposed ordinance and resolution were included in the agenda packet.

Mr. Gaylord moved approval as read. His motion was seconded by Mr. Thompson 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 612 and Resolution 327.

CP-1-16 – OMNIBUS TEXT AMENDMENTS – PUBLIC HEARING AUTHORIZED AS AMENDED; ITEMS CS2.7 AND EP1.8 TO REMAIN IN COMPREHENSIVE PLAN

Chairperson Crowder reported the Growth and Natural Resources Committee recommends upholding the staff recommendation for a public hearing on July 5, 2016 to consider CP-1-16 – Omnibus Text Amendments with the exclusion of CS 2.7 Regulations for Recyclable Storage and EP 1.8 Solar and Co-Generation Incentives.

The Committee understands that staff will provide Council with additional information on items CS 2.7 and EP 1.8 at the June 21 Council meeting, and Council can determine whether to include these with the public hearing on July 5.

It was pointed out Council Members received information on items CS2.7 and ET1.8 at the table. Mr. Stephenson pointed out a lot of time was spent relating to CS2.7 and questioned if it is the long term goal to stick with recycling as we now have it or look at new requirements that all solid waste collection areas and new developments be shown as providing accommodation for recyclables. Assistant Planning Director Crane pointed out he did speak with representatives of the Solid Waste Services Department as to whether this would be an effective means of promoting recycling and pointed out there may be better ways to address this issue. Mayor McFarlane pointed out staff have been asked to continue studying the issue so she felt it would not be appropriate to consider a text change at this point. Mr. Stephenson stated he understands


that but his concern is whether the City has a long term plan. Ms. Baldwin stated she felt we should wait until the study comes back and moved that CS.2.7 – regulations for recyclable storage remain in the Comprehensive Plan and staff would come back with more information and the Council could decide at that point as to how to proceed and so moved. Her motion was seconded by Mr. Gaylord and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

Mr. Stephenson also questioned the elimination of EP1.8 solar and co-generational incentives. Robert Henson of the City’s Office of Sustainability talked about the collaboration with NC Clean Energy Technology Center to explore a “solarized Raleigh” program. He also talked about meeting with various nonprofits. He talked about the continuance of work with the Solar Center at NCSU pointing out they have resources available. He stated it is felt that we should continue our work to look at the various options used here and across the country and keep it open ended at this point. After brief discussion, by consensus the Council agreed to keep EP1.8 in the Comprehensive Plan but not include it in this text change amendment.

Ms. Crowder moved approval of the public hearing on July 5, 2016 to consider CP-1-16 with the exclusion of CS2.7 and EP1.8. Her 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.

REPORT AND RECOMMENDATION OF THE TRANSPORTATION AND TRANSIT COMMITTEE

TRANSPORTATION AND TRANSIT COMMITTEE – MEETING ANNOUNCED

Chairperson Baldwin reported the Transportation and Transit Committee would meet on July 12 at 2:00 p.m. in Room 305 to discuss the Neighborhood Traffic Management Program. The report was received.

REPORT OF MAYOR AND COUNCIL MEMBERS

EQUITY TRAINING FOR CITY COUNCIL – WORK SESSION TO BE SCHEDULED

Mr. Stephenson request to schedule Council work session with equity consultant.

Raleigh’s 2030 Comprehensive Plan commits us to strive for high quality, sustainable growth by working to achieve the triple bottom line benefits gained by promoting economy, environment and equity, understanding that our success and prosperity is in proportion to achieving all three goals.

Raleigh’s recently adopted Strategic Plan refers to goals like a “Diverse economy,” “employment opportunities for all citizens,” “equitable citywide transportation network,” and “housing for all income groups”. The language we chose to use within our strategic plan clearly communicates that we as a governing body recognize that our community and our economy thrives when everyone is able to participate and contribute.


Simply put, equity is an economic driver, and while the essence of this is represented in our strategic plan, I would submit that we have an important opportunity to be even more intentional about analyzing and improving our economy through the lens of equity.

Seattle, Boston, St. Paul, Minnesota and Tacoma, Washington are some of the cities that have improved their economy through the lens of equity and they are reaping the benefits. Although the specific initiatives vary by community, common themes for addressing equity focus on education, job access, transportation, community health, affordable housing and strategic development/investments.

Based on Council’s Strategic Plan, staff is finalizing a contract (in Managers Update) with a consultant “to help staff better understand the concepts of equity”. Staff’s communication with the consultant confirms their ability to provide a similar work session with Council.

I believe this represents an important opportunity for Council to begin exploring what other peer cities are doing to take a more systematic, intentional and data driven approach to incorporating equity into our policies and decisions, especially in ways promote equity as an economic driver, and help us reach our triple-bottom-line goals for prosperity for all of our citizens.

The motion is to schedule a council Work Session with staff’s selected equity consultant.

Mr. Stephenson moved that the Council schedule a work session with the consultant. His motion was seconded by Mr. Branch 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.

Mayor McFarlane stated as she understands the consultant will be here August 2 through 5. City Manager Hall indicated he does not know if the consultants would be available for additional work during that time and staff would come back with a specific date and time.

COUNCILMAN BRANCH – COMMENTS RECEIVED

Mr. Branch indicated the Southeast Raleigh Community Empowerment Day is scheduled for Chavis Park on July 30th from 10:00 a.m. to 2:00 p.m. He commended the event and encouraged all to attend. Mr. Branch stated this past Saturday he attended the Father’s Conference and it was well attended by some 500 people. He pointed out the speaker was Dominique Wilkins and it was a great event.

Mr. Branch pointed out Wake County is a sponsor of this event and the city may be asked to help sponsor in the future and he hopes the City will participate The comments were received.


RALEIGH-DURHAM AIRPORT MASTER PLAN VISION 2040 – MEETING ANNOUNCED

Mr. Thompson pointed out the next public hearing on RDU Master Plan Vision 2040 which is the 25 year Master Plan Study for the airport and property will be held on Tuesday, June 28 at 6:00 p.m. at the airport and encouraged all to attend.

Mr. Thompson pointed out this is the last time the Council will meet before the July 4 holiday therefore he would like to wish everyone a safe and happy 4th of July.

HABITAT FOR HUMANITY – NCSU BUILD-A-BLOCK PROGRAM – FUNDS APPROPRIATED

Ms. Baldwin moved that the Council appropriate $10,000 from Council Contingency as a sponsorship grant for Build-A-Block an event hosted by Habitat for Humanity and NCSU. Her motion was seconded by Mayor McFarlane 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 608 TF 278.

CHANGE FOR THE HOMELINESS – DIRECTION GIVEN

Ms. Baldwin stated recently she asked administration to look at the possibility of a change for homeless program possibly utilizing locations at the airport and downtown. She moved that the Council authorize staff to move forward with the study to determine cost, implementation, etc. to go forward with working with DRA and RDU Airport Authority. Her motion was seconded by Ms. Crowder and a roll call vote resulted in all members voting in the affirmative. The Mayor rules the motion adopted on an 8-0 vote.

DIX PARK TOURS – KATE PEARCE COMMENDED

Ms. Baldwin indicated she recently participated in one of the tours of the Dorothea Dix property which was led by Parks, Recreation and Cultural Resources employee Kate Pearce. She stated everyone was raving about Ms. Pearce who is a new employee in the Department hired to lead the development of Dorothea Dix Park. She stated it was a wonderful tour, everyone raved about Ms. Pearce pointing out she had so much knowledge and she is just a rock star as it relates to being a champion for the park.

REQUEST AND PETITIONS OF CITIZENS

INFILL PROPERTIES IN THE DOWNTOWN AREA – VARIOUS CONCERNS – REFERRED TO GROWTH AND NATURAL RESOURCES COMMITTEE

Sara Wilson, 1016 Canterbury Road, highlighted the following prepared statement:


I hope by sharing my struggles, you can pave an easier path for the rest of the community, fine tune some of the UDO laws and close some of the gray areas in the infill process.

The property next door to me is 1.5 acres, completely cleared and a house torn down in October of 2015. There was no tree protection, no erosion control and no construction entrance. According to the city, no permit.

One afternoon, there was a loader backed up 16’ on to our property taking trees down on the property line. We stopped the operator and called the builder. No one on site was in charge, no one could speak English and Paul Baggett, the building, could not come. He said he would be there in the a.m. and never showed.

We pulled a string down the property line to establish a no cross line. A permit box finally went up before they dug the footings on the first lot. I had been asking the city to require them to put a construction fence at my property line

to avoid any more mistakes. In March, they were again clearing along the property line; I asked them to stop as they

were on my property again clearing. They then introduced me to the new superintendent Clay Baggett. Finally a contact that was on site.

Next step was to dig the footings on the lot next to mine, five feet from the property line. They dumped the dirt on to my property. At that point, I complained and Clay decided to have the property line surveyed. Originally they only surveyed the four corners.

Indeed the dirt was on my property and it clearly showed that two of the large vary old pine trees taken down originally had been on my property.

Clay informed me that he would go ahead and put the construction fence up and would need to take down when they hand put the dirt back in the foundation and then they would reinstall it.

At one point, they pushed the construction fence down and nailed braces to my trees to hold up a back wall of the house.

I have expressed concerns about stairs or a sidewalk from the door in the 5’ right away. Also concerns about fire safety issues in the same setback.

The city bears a lot of responsibility here. Building a 30 something foot high house five feet from the property line is an impossibility without encroaching on the neighbor’s property.

The protocol the inspectors have to go through does not allow anything happen in a timely fashion

This builder generally got his permit after work was completed. No repercussions from the city.

May 27, Duke Energy in the right-of-way, I learned that the builder had paid to have the utility pole moved from the middle of his 3 lots to my property line. This was an issue to me because there was an existing utility pole 50’ on the other side of my drive. This really did not make me happy.

I met with AT&T and Duke Progress and eventually found my way to a City employee and expressed my concerns. He understood. He made arrangements with Duke and the utility companies to take all of the utilities from the existing pole on my property and move them to the new pole at the property line. Now, this has not happened yet, but I u understand still on track to happen and I was extremely grateful to this gentleman.


This is just a recap of the shortcomings of the UDO/infill process. My husband is a lifelong resident of Raleigh; I have been here since the mid 70’s. We

saved a 1941 stone ranch – and planned to grow old there. We both have felt completely violated by this whole procedure.

Please look at these processes. There needs to be requirements for construction fences around the entire property especially if you allow a 5’ setback for the house. And that should really be changed. When you come down Canterbury, the two houses look like one they are so close.

This should never have happened Raleigh. There are way too many gray areas for builders to push and are they are destroying the integrity of our community.

My hat is off to your city employees that work long and hard hours. Please change some of this quickly. Setbacks, height restrictions, utility requirements are

only a few of the struggles we are citizens are experiencing. There is always a builder that will push the envelope with the gray areas. You will have a much happier community, employees and citizens.

Ms. Crowder asked that the item be referred to Growth and Natural Resources Committee and hopefully prior to that Ms. Wilson can set down with staff and walk through the various concerns. Ms. Crowder stated she knows there is a lot of difficulty with building so close to the property line without encroaching on the adjacent property. Ms. Wilson pointed out the City employees have been phenomenal in trying to help her but their hands are tied. Without further discussion, the item was referred to Growth and Natural Resources Committee.

ZPIZZA TAP ROOM – REQUEST FOR TEMPORARY PERMIT – DELAYED UNTIL JULY 5, 2016 AGENDA

Stephen Drotts, Zpizza Tap Room had requested permission to petition the city to provide a temporary permit for private café, outdoor dining on the designated area previously permitted for Zpizza. The City Clerk indicated Mr. Drotts had withdrawn from this agenda but would appear on the July 5, agenda.

NORTH CAROLINA MUSEUM OF NATURAL SCIENCE – SPONSORSHIP FOR SPECIAL EXHIBIT – COMMENTS RECEIVED

Emelia Cowans-Taylor, The North Carolina Museum of Natural Science, was the meeting to provide information on an exhibit which was developed by the American Anthropological Association in collaboration with Science Museum of Minnesota and with funding from the Ford Foundation and the Natural Science Foundation developed the traveling exhibition to tell the stories of race from a biological, cultural and historical points of view. The exhibition, Race, Are We So Different? explores the everyday experience of living with race, its history as an idea, the role of science in that history and the findings of contemporary science that are challenging its foundations. She talked about the exhibit which they hope will be free to all and pointed out the exhibit will run from April 22 through September 4, 2017. She stated to make this happen and provide free admission to the exhibit the Museum needs pledges totaling some $250,000 by June 24. She pointed out they have commitments from the AJ Felcher Foundation


and Capital Broadcasting and other companies are joining in the effort. She stated they hope to have some 345,000 to attend and she is before the Council to ask the City of Raleigh for a commitment of $50,000 to help them meet their goal. She talked about an exhibit and extending the exhibit beyond the exhibition by having round table discussions, various educational opportunities including employee diversity training, lecture series, café talks, health and wellness fair, etc. She talked about the success of the exhibition in other cities. The comments were received.

MATTERS SCHEDULE FOR PUBLIC HEARING

UNSAFE BUILDING – 4004 WINGATE DRIVE – HEARING – ORDINANCE ADOPTED

This was a hearing to consider adopting an ordinance, pursuant to Part 10A, Chapter 11, Article 11.5 of the Unified Development Ordinance Code, to authorize the demolition of the unsafe building/structure listed below:

LOCATION AND DISTRICT PROPERTY OWNER

TAX ID NUMBER

TIME LAPSE

4004 Wingate Drive (A) JP Morgan Chase Bank, N.A. 0006245 106 days

The Mayor opened the hearing no one asked to be heard thus the hearing was closed. Mr. Branch moved adoption of the ordinance as outlined. His motion was seconded by Ms. Crowder and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adoption on an 8-0 vote. See Ordinance 611.

PUBLIC NUISANCE ABATEMENTS – VARIOUS LOCATIONS – HEARING – RESOLUTION CONFIRMING CHARGES ADOPTED

This was a hearing to consider adopting a resolution to confirm as a lien against the properties listed below charges for the abatement of public nuisances:

LOCATION AND DISTRICT PROPERTY OWNER

TAX ID NUMBER

COST OF ABATEMENT

207 and 209 Bladen Street (C) Addison M Lipscomb heirs and Henry Moore Lipscomb

0024856 $256

3300 Capital Boulevard (B) Starmount Partners, LLC 0031456 $563408 New Bern Avenue (C) Kathleen Chopin Hearn,

Trustee Kathleen Chopin Hearn Revocable Trust

0029777 $208

5107 Pomfret Point (E) Mohamed Houman and Helal Toulimat

0369082 $577

5901 Periwinkle Court (A) Peter M. Mueller 0000713 $3296756 Magnolia Court (A) Magnolia Court Townhomes

Association c/o Robert Ohmann, agent

0132849 $458


7617 Leesville Road (E) Jose F. Ensenat-Acevedo 0076521 $630

Mayor McFarlane stated 5901 Perriwinkle Court should be withdrawn as the charges have been paid.

The Mayor opened the hearing on the remaining locations, no one asked to be heard thus the hearing was closed. Mr. Gaylord moved adoption of a resolution confirming the charges as outlined with the exception of the charges against 5901 Perriwinkle Court. His 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. See Resolution 324.

REZONING Z-6-16 – JONES FRANKLIN ROAD – HEARING – CONTINUED UNTIL THE JULY 5, 2016 MEETING

This is a hearing to consider a request from A Hand of Hope Pregnancy Resource Center to rezone approximately 0.90 acres from Residential-4 with Special Highway District-2 (R-4 w/SHOD-2) to Office Mixed Use – 3 Stories – Conditional Use with Special Highway Overlay District-2 (OX-3-DU w/SHOD-2).

Following the hearing, the Council may take action to approve, deny or refer the item to committee.

Planner Bynum Walter indicated she had just learned that the notice which went out to property owners had that the hearing would be held today at 7:00 p.m. Discussion took place as to how to move forward, whether to delay the hearing until July 5, whether to open the hearing, let the persons who are present speak, and continue the hearing whether the case has to be readvertised or exactly how to proceed. Deputy City Attorney Botvinick indicated at the minimum the property should be posted.

Discussion took place as to how many people were present to discuss the item who live within the 100 foot notification period with the Mayor asking for a show of hands. What is on the July 5 public agenda item was also discussed. The Council agreed to move forward with the hearing with the understanding that it probably be continued until the July 5 agenda.

Planner Bynum Walters presented the case showing the existing zoning, surrounding development and zoning, site views from various locations on the adjoining streets, Future Land Use Map, proposed conditions which prohibit residential use and offers transit easement and shelter upon redevelopment, what is allowed under existing and proposed zoning, the fact that there are no inconsistent policies with the comprehensive plan identified and pointed out the Planning Commission recommends approval by a 10-0 vote.

The CAC supports the proposals on a 30 to 17 vote.

The Mayor opened the hearing explaining the rules and procedures for the hearing.


Tim Cain, 500 Benson Road, Garner, pointed out he is a real estate appraiser and spoke in support of the request being approved as presented pointing out it is consistent with all plans, is surrounded by OX zoning, the applicant has a facility just south of the current location, talked about the current value pointing out the OX zoning would be highest and the best use of the property, explained the value of the property to the north and the south, which is $457,000 and $937,000 respectfully and this property is as Residential-4 and valued at $97,050. He stated the Residential-4 doesn’t fit with the Comprehensive Plan, the neighborhood has voiced support and the Planning Commission and CAC recommend approval.

John L. Summers, 9817 Crooked Tree Lane, pointed out usually when residential property is rezoned to office the concern relates to protecting the remaining residential properties. He stated the surrounding of property owners are in support of the rezoning. He stated the UDO remapping puts stringent requirements on this property if it is rezoned and talked about the buffers, height limits, setbacks, etc. He stated concern about large usages in the future were taken care of by the UDO. He talked about the buffers and the height limits and pointed out there is no intent to change the building.

Tonya Baker Nelson, Director of A Hand of Hope Clinic, talked about the services they offer which are free and totally confidential. She stated they do provide abortion education but they do not pickit or protest. She called on the Council to approve the request.

Emily Moore, 5709 Buteo Court, Fuquay-Varina, talked about the fact that she has known the applicant and their work for some 10 years. She stated she is aware of the concerns that the people at A Hand of Hope picket and protest and they do not do anything to encourage or support that type activity. She stated they do not force people to make decisions, do not try to make people feel guilty, it is their desire to help people through this time in their life and/or offer post abortion support. She stated she knows the leaders of the group and they are dedicated and truly care about people who are going through trying to make these decisions. She stated she would like to see the rezoning so A Hand of Hope could relocate to this location. There is no neighborhood opposition.

Sharon Mixon, 1218 Lorimer Road, gave an overview of what she sees happening here. She stated she has lived in the area for quite some time and had always assumed there were two abortion clinics on Jones-Franklin Road. She stated A Hand of Hope not being a medical facility but is a ministry. She stated she attended the CAC in January and Mr. Crain never told them exactly what was being proposed. He was less than forthcoming until she asked the name of the business. She talked about picketers on their websites and stated she feels the group has been intentionally misleading. She stated if the Council approves the rezoning they should be required to put their real name on the paperwork, signs, etc.

Gloria DeLave, A Preferred Women’s Health Center, stated she is the administrator of the facility which is next door. She stated they have operated since 1997 as an abortion clinic and called on the Council to not rezone the property, based on security issues, etc. She stated she has had to call the police because people from A Hand of Hope had approached her in the parking lot, drive way and stated to approve the rezoning would be irresponsible as she is not confident


that they would not react by stopping patients coming into the building and she just does not want to have her staff and neighbors to experience physical violence, etc. She asked the Council to think about its responsibility which includes making sure that the people in the community are safe.

Carie Rogers, 5028 Wickham, pointed out she has lived in this area some 12 years. She talked about picketing she had witnessed in the past and pointed out she does not want her daughters to witness the signs, the picketing, etc. She talked about her daughter’s knowledge and how she is aware of the birds and bees, etc. stating it is sad when 10 year old has to try to protect their younger siblings against things of this nature.

Gailya Paliga, 8904 Creekstone Court, Raleigh, National Organization for Women, urged the Council to vote against the rezoning because it can set up a dangerous situation for all.

Mayor McFarlane stated the time was up and Ms. Paliga could submit her comments in writing.

Ms. Crowder questioned whether the correct CAC and the Planning Commission vote was referred to were correct.

Ms. Baldwin questioned the next steps in this hearing including whether it had to be re-advertised or re-noticed. Attorney Botvinick again indicated at the minimum the staff should post signs and may be go beyond and above and send out another letter. Mr. Thompson suggested that a new letter be sent to all of the people within 100 foot of the property up for rezoning and place a sign and the hearing be continued until July 5 at 7:00 p.m. It was pointed out that each side would have 8 minutes at the July 5 meeting but if a person spoke at today’s meeting they could not speak at the July 5 meeting.

CP-2-16 – ECONOMIC DEVELOPMENT ELEMENT – HEARING – APPROVED

This was a hearing to consider an amendment, which comprises changes to the economic Development element of the Comprehensive Plan that would: amend the text box on page 155 to include new criteria used in the creation and administration of Map ED-1: Target Areas for Economic Development; amend the map itself to reflect the new criteria; and would revise Policy ED 5.11 – Targeting Investment.

Following the hearing, the Council may take action to approve, deny or refer the item to committee.

Planning Bynum Walker pointed out this revises the area of intervention text box on Page 155 of the Comprehensive Plan; establishes new criteria used for Map ED-1: target areas for Economic Development; rename map ED-1 to priority areas for economic development. She explained the economic development area provides for quantitative analysis of census data, census block groups in which 40% or more of the block group are zoned for nonresidential uses and that are considered “high poverty” or are adjacent to “high poverty” block groups; census block groups


in which 40% or more of the block group are zoned for Industrial Use. She presented the map pointing out this is the same map which was adopted in the Economic Development Toolkit.

The Mayor opened the hearing, no one asked to be heard thus the hearing was closed.

Mr. Stephenson pointed out to him this is a double edged sword and explained his concern relating to possible negative impact on adjacent high poverty areas. Planner Bynum pointed out this does not include any residential zoning. Mr. Stephenson asked about unintended consequences with Mayor McFarlane pointing out this is in response to requests from small businesses and the Economic Development Office. Ms. Baldwin moved approval pointing out the Council has discussed this for a long time. Her motion was seconded by Mr. Branch. Mr. Stephenson stated he just wanted to confirm that the policy will support neighborhood type businesses not negatively impacted and possibly cause displacement.

Economic Development Director James Sauls pointed out the Council just passed the Upfit Grant and as we continue to develop the Economic Development Toolkit will continue to look at impacts. He stated the issue of displacement was not addressed. Mr. Stephenson questioned if the grants would be for small businesses with Mr. Sauls indicating the small amount of money that would be offered would typically align more costly with a small rather than large business. Mr. Stephenson again expressed concern about targeting low wealth areas. It was pointed out the grants would be $5,000 to $100,000 depending on whether a business was inside or outside the Economic Development zones. Discussion on previous actions that have been taken, Mr. Branch’s and Mr. Stephenson’s concern for small business and desire to make sure that it would not negatively impact the adjacent neighborhoods and would be for small businesses oriented towards the surrounding areas took place. The motion as stated was 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 Resolution 325.

APPOINTMENTS

APPOINTMENTS – VARIOUS ACTIONS TAKEN

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

Civil Service Commission – One At-Large Member – no nominees

Fair Housing Hearing Board – One Vacancy – no nominees

Human Relations Commission – One Vacancy. Mr. Thompson and Mayor McFarlane nominated Keith Karlsson

Raleigh Historic Development Commission – 4 vacancies - At the June 7, 2016 meeting, Council reappointed the three persons who were eligible and wished to be considered for reappointment leaving three vacancies for consideration. Since that time a letter of resignation has been received from Miranda Downer; therefore, there are four vacancies for consideration.


Council members received a letter from Raleigh Historic Development Commission’s nominating committee recommending the appointment of Nicole Avarez, Sabrina Goode, John Henshaw and Jimmy Thiem. Ms. Baldwin moved that the Council nominated all four for appointment and closing of nominations. Her motion was seconded by Mr. Gaylord and put to a vote which passed unanimously. Ms. Baldwin moved that the Council suspend its rules and appoint the four by acclamation. Her 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.

Parks, Recreation and Greenway Advisory Board – One Vacancy – no nominees.

The Civil Service Commission, Fair Housing Hearing Board and Parks, Recreation and Greenway Advisory Board vacancies will be carried over to the next meeting.

NOMINATIONS

RALEIGH CONVENTION AND PERFORMING ARTS CENTER AUTHORITY – DAVID L. CLEGG AND BETSY BUFORD – REAPPOINTED REMAINING ITEM TO BE CARRIED OVER TO THE NEXT MEETING

The City Clerk reported the terms of David L. Clegg, Terri Lomax and Betsy Buford are expiring All are eligible for reappointment as far as length of service and would like to be considered for reappointment. Mr. Thompson indicated he had talked to Ms. Lomax and talked to her about her attendance record. He stated he was waiting to get information on her attendance record on her first term and he would move that the Council suspend its rules and reappoint Mr. Clegg and Ms. Buford by acclamation and carry Ms. Lomax’s term over to the next agenda. His motion was seconded by Mr. Branch and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

GREATER RALEIGH CONVENTION AND VISITORS BUREAU – VARIOUS NOMINATIONS MADE; KEVIN HOWELL – REAPPOINTED

The terms of Jim McGovern and Bill Hoffman are expiring. Mr. McGovern is not eligible for reappointment and Mr. Hoffman does not wish to be considered. Both are representatives of the “owners or operators of hotels and motels or taxable establishments”. The Triangle Area Hotel/Motel Association submitted names for consideration, which were included with the agenda packet.

The City Clerk reported Council members received in their agenda a letter from the Triangle Area Hotel/Motel Association submitting the names of Paul Warren, Summit Hospitality Group Ltd; Mark Zimmerman, Aloft Raleigh; Leon Cox, Sheraton Raleigh Hotel and Niall Hanley, Hibernian Hospitality.

Discussion took place as to how to proceed. Ms. Baldwin, Mayor McFarlane and Mr. Gaylord nominated Mr. Cox and Mr. Handley.


Discussion took place about the background and how to proceed with the Clerk explaining the process. Ms. Crowder nominated Mr. Warren and Mr. Zimmerman; therefore, the 4 names will appear on the ballot at the July 5 meeting and Council could vote for two. The City Clerk was asked to provide resumes on all four.

The City Clerk reported the term of tourist and a convention related representative Keith Howard is expiring. He is not eligible for reappointment because of length of service. The City Clerk indicated this position could be filled by anyone in the Tourist and Convention Business and the Council does not have to receive a recommendation from the Hotel/Motel Association; however a name had been submitted.

The City Clerk reported the term of Kevin Howell, Citizen At Large is expiring. He is eligible for reappointment and would like to be considered for reappointment. Mr. Gaylord moved the Council suspend the rules and reappoint Mr. Howell by acclamation. 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.

HISTORIC RESOURCES AND MUSEUMS ADVISORY BOARD – CLARE ARTHUR BASS – APPOINTED

The City Clerk reported a Letter of Resignation has been received from Andy Witcher as a member of the Historic Resources and Museums Advisory Board. That Board bylaws included a nominating committee which has recommended the appointment of Clare Arthur Bass. A resume was included in the agenda packet. Ms. Baldwin moved appointment of Clare Arthur Bass. Her motion was seconded by Mr. Gaylord and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted.

SUBSTANCE ABUSE ADVISORY COMMISSION – VACANCY ANNOUNCED

The City Clerk reported a Letter of Resignation for the Substance Abuse Advisory Commission has been received from Charles L. Haywood. No nominations were made. The item will be carried over to the next meeting.

REPORT AND RECOMMENDATION OF THE CITY ATTORNEY

NO REPORT


REPORT AND RECOMMENDATION OF THE CITY CLERK

SANDERFORD ROAD ASSESSMENT ROLLS – BUDGET AMENDMENT TO COVER CITY’S COSTS – APPROVED

During the June 7, 2016 meeting, following a public hearing, the Council adopted Resolutions 2016-317 and 318 confirming Assessment Rolls 944 and 421, paving and sidewalks on Sanderford Road. Budget amendments in the amount of $27,069 to cover the City property were left off in error. It would be appropriate to authorize the amendments were included with the agenda packet.

Mr. Stephenson moved approval. His 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 608 TF 278.

Adjournment. There being no further business, Mayor McFarlane announced the meeting adjourned at 3:00 p.m.

Gail G. SmithCity Clerk

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Documents

Raleigh City Council Regular Session Minutes - … · Web viewCOUNCIL MINUTES The City Council of the City of Raleigh met in a regular session at 1:00 p.m. on Tuesday, June 21, 2016