HomeMy WebLinkAbout20140727 Ver 1_CCMinutes20140204_20150218COUNCIL MINUTES
The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, February
4, 2014 in the City Council Chamber of the Raleigh Municipal Building, Avery C. Upchurch
Government Complex, 222 W. Hargett Street, Raleigh, North Carolina, with the following
present.
Mayor Nancy McFarlane, Presiding
Mayor Pro Tem John Odom
Councilor Mary -Ann Baldwin
Councilor Thomas G. Crowder
Councilor Bonner Gaylord
Councilor Wayne K. Maiorano
Councilor Russ Stephenson
Councilor Eugene Weeks
Mayor McFarlane called the meeting to order and invocation was rendered by Reverend Doctor
H. C. Miller, Tupper Memorial Baptist Church. The Pledge of Allegiance was lead by Councilor
Gaylord.
The following items were discussed with action taken as shown.
AGENCY GRANTEE PRESENTATION — SAGE RALEIGH — RECEIVED
Les Geller, Vice -Chair of the Gay and Gray Initiative of the LGBT pointed out 75% of that
group is over 65 years old, live alone and only 29% have children. This means that they have to
depend on friends and neighbors to navigate the world. He talked about the City funds given to
that group which helps provide a variety of robust of social activities. He explained they have
not been chosen to affiliate with a program housed in New York known a Sage. They are the
27th group in the United States and the first in North Carolina. Therefore their program will be
known here after as Sage Raleigh. He explained the programs they provide including drop in
hours, yoga, workshop, insurance, HIV, housing, group lunches, etc. He pointed out in 2013
they served 1300 people. The program is run entirely by volunteers and talked about the plans
for the future. He expressed appreciation to the City for their support.
CONSENT AGENDA
CONSENT AGENDA — APPROVED AS AMENDED
Mayor McFarlane presented the Consent Agenda indicating all items are considered to be routine
and may be enacted by one motion. If a Councilor requests discussion on an item, the item will
be removed from the Consent Agenda and considered separately. Mayor McFarlane stated the
vote on the Consent Agenda will be a roll call vote. Mayor McFarlane stated she had received
the following requests to withdraw items from the Consent Agenda: Pawnbroker License
(McFarlane /Crowder); Raleigh Union Station — Construction Manager at -Risk (Baldwin); I -40
February 4, 2014
Page 2
Bridge Pedestrian Retrofits (McFarlane); Duncan Parking Technologies (Gaylord /Crowder).
Without objection those items were withdrawn from the Consent Agenda. Mr. Crowder moved
approval of the Consent Agenda as amended. His 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. The items on the Consent Agenda were as follows.
INSURANCE PLAN — GROUP LIFE — CITY MANAGER CONDITIONALLY
AUTHORIZED TO NEGOTIATE AND EXECUTE CONTRACT WITH SUN LIFE
FINANCIAL
Mark III Brokerage, Inc. was requested to issue a Request for Proposals (RFP) for a new group
term life insurance carrier to be effective March 1, 2014. After submitting proposals to other life
insurance carriers to include the incumbent provider, Standard Insurance Company, the City's
Benefits Committee has selected Sun Life Financial as the new carrier for the Group Term Life
Insurance Plan. Mark III along with the Benefits Committee proposes to enter contract
negotiations with Sun Life Financial, with estimated savings of $42,000 over a four -year period.
Recommendation: Authorize negotiations with Sun Life Financial and authorize the City
Manager to execute a contract, subject to review by the City Attorney. Upheld on Consent
Agenda Crowder /Gaylord — 8 ayes.
LAKE WHEELER — TEMPORARY CLOSURE FOR REGATTA — APPROVED
Authorization to close routine operations at Lake Wheeler Park on Friday, March 28, 2014 and
Saturday, March 29, 2014 for the University of North Carolina Rowing Regatta is requested.
The Regatta will include three collegiate teams. This event requires that only the lake be closed
for public use beginning at 2 p.m. Friday and reopening at 2 p.m. on Saturday. All other areas of
the park will remain open for public use. The regatta is open to the public and will not require
admission for spectators or park patrons.
Recommendation: Authorize the closure of Lake Wheeler. Upheld on Consent Agenda
Crowder /Gaylord — 8 ayes.
NEUSE RIVER WASTEWATER TREATMENT PLANT — SOLE SOURCE
PROCUREMENT WITH CITI - APPROVED
The project to rehabilitate the existing filters 1 through 12 at the Neuse River Wastewater
Treatment Plant is near the bid stage process. Sole sourcing or limiting competition for
instrumentation and controls will offer certain benefits to the City that other vendors cannot
offer. Pursuant to General Statute 143 -129 (e)(6), the City Council may waive competitive
bidding when a need for standardization and compatibility is an overriding consideration.
CITI has been the instrumentation and control system integrator consultant for many projects
with the Public Utilities Department over the past several years due to their quality of work,
unique understanding of system programming, and to minimize security threats by having a
February 4, 2014
Page 3
single integrator. For these reasons, CITI is qualified and recommended to provide the
instrumentation and control system integrator services for this project in the amount of $413,871.
The remaining scope of the rehabilitation project will be competitively bid.
Recommendation: Waive competitive bidding requirements and declare CITI a "sole source"
for the instrumentation and control system integration services for the NRWWTP Rehabilitation
of Filters 1 through 12 project. Upheld on Consent Agenda Consent Agenda Crowder /Gaylord —
8 ayes.
LEGISLATIVE STUDY SUBCOMMITTEE — MUNICIPAL ENVIRONMENTAL
ORDINANCES — CITY ATTORNEY AUTHORIZED TO ENTER COMMENTS
Session Law 2013 -413 limited the powers of local governments to adopt environmental
ordinances. The limitations expire October 1, 2014. The Session Law also authorized a study of
additional legislation to limit the powers of local governments regarding the adoption of
environmental ordinances. The General Assembly's Environmental Review Commission
established a subcommittee to make a recommendation.
Senator Andrew Brock and Representative Chuck McGrady are the subcommittee members, and
will be holding a public meeting to receive comments on February 12, 2014. The City Attorney
recommends that Council authorize both written and oral comments to be submitted on behalf of
the City which support the continuation of the long standing powers of the City to adopt
environmental ordinances, including ordinances that are more stringent than comparable state or
federal minimum standards. Such powers have existed for over a century. The City has utilized
these powers to tailor environmental programs to best fit the specific needs of its citizens while
achieving appropriate and economically responsible environmental protection. In addition, the
powers are required in order for the City to continue to comply with a variety of state and
federally required permits. Included in the agenda packet are brief recent comments by the
League of Municipalities that further explain the nature and uses of local ordinance powers
potentially at risk.
Recommendation: Authorize the City Attorney enter comments to the Environmental Review
Commission in support of the continuation of the City's authority to adopt environmental
ordinances, as such authority existed prior to the adoption of Session Law 2013 -413. Upheld on
Consent Agenda Crowder /Gaylord — 8 ayes.
ROAD RACES — VARIOUS — APPROVED CONDITIONALLY
The agenda presented the following requests for road races.
Vicinity of West Jones Street between Glenwood Avenue and North West Street, Edenton S
North Salisbury Street, and Hillsborough Street
Ms. Janelle Harling, representing Cupid Charities, requests permission for a race on Saturday,
February 15, 2014 from 1:50 p.m. until 3:00 p.m.
February 4, 2014
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Vicinity of Trinity Academy, Baileywick Road, Wildwood Links, Hawtree Drive, Gleneagles
Drive
Mr. Jim Young, representing Second Empire, requests permission for a race on Saturday, March
8, 2014 from 9:00 a.m. until 11:00 a.m.
He is also requesting permission to allow amplified sound during the event to begin at 7:30 a.m.
Vicinity of Hunting Ridge Road near Falls of Neuse Road, North Ridge Drive, Pony Run Road,
Rainwater Road, Weybridge Drive, Spyglass Way, and Wingfoot Drive
Mr. Joshua Deaton, representing Chick Fil A Race Series, requests permission for a race on
Saturday, March 22, 2014 from 7:30 a.m. until 10:30 a.m.
He is also requesting permission to allow amplified sound during the event.
Vicinity of Centennial Parkway from Oval Drive to Achievement Drive
Mr. J.S. Carroll, representing the Special Olympics of North Carolina, requests permission for a
lane closure on Saturday, March 29, 2014 from 7:00 a.m. until 12:00 p.m. for the Torch Run for
Special Olympics.
Vicinity of the YMCA on Wakefield Pines Drive, Sycamore Grove Lane, Kelway Drive,
Wakefield Plantation Drive
Ms. Patricia Ball, representing Kerr Family YMCA, requests permission for a race on Sunday,
May 11, 2014 from 8:00 a.m. until 10:00 a.m. Sycamore Lane will be closed from 6:30 a.m.
until 12:00 p.m.
She is also requesting permission to allow amplified sound during the event to begin at 7:30 a.m.
Vicinity of St. Francis Catholic Church on Leesville Road, Cape Charles Drive, Dominion Blvd,
Bells Valley Drive
Mr. Marc Kielty, representing St. Francis Church, requests permission for a race on Saturday,
May 17, 2014 from 8:00 a.m. until 10:00 a.m.
100 -500 Blocks of Fayetteville Street, Vicinity of Lake Wheeler Road, Saunders Street, South
Street, Salisbury Street, Wilmington Street, Edenton Street, S. Salisbury Street, Hillsborough
Street, Gorman Street, S. Salisbury Street, W. Morgan Street, Fayetteville Street, and Davie
Street
Mr. Brian Myrick, representing the World Triathlon Corporation, requests permission for a race
on Sunday, June 1, 2014 from 8:00 a.m. until 5:00 p.m. The actual street closure will be from
February 4, 2014
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Saturday, May 31, 2014 at 12:01 a.m. thru Sunday, June 1, 2014 at 11:59 p.m. They are also
requesting no parking on the 400 and 500 Blocks of Fayetteville Street on Friday, May 30, 2014
at 10:00 p.m. until Sunday, June 1, 2014 at 5:00 p.m.
He is also requesting a waiver of all City Ordinances concerning the possession and consumption
of alcoholic beverages on City property and permission to allow amplified sound during the
event.
Recommendation: Approve subject to conditions noted on the reports in the agenda packet.
Upheld on Consent Agenda Crowder /Gaylord — 8 ayes.
STREET CLOSINGS — VARIOUS DATES AND EVENTS — APPROVED
CONDITIONALLY
The agenda presented the following requests for temporary street closings.
400 and 500 Blocks of Favetteville Street between Davie and Lenoir Streets
Ms. Jessica Medlin, representing the YMCA Youth Legislature, requests permission for a street
closure on Friday, February 7, 2014 at 10:00 a.m. 9:00 p.m. for a food truck event related to a
conference.
300 Block of Pell Street between North Person and North Bloodworth Streets
Mr. Greg Hallam, representing his neighborhood, requests permission for a street closure on
Saturday, March 1, 2014 at 12:00 p.m. until 7:00 p.m. for a neighborhood block party.
He is also requesting a waiver of all City ordinances concerning the possession and consumption
of alcoholic beverages on City property and permission to allow amplified sound during the
event.
400 Block of Fayetteville Street, Vicinity of City Plaza
Mr. Frank Bloom, representing the Downtown Raleigh Alliance, requests permission for a street
closure every Wednesday from April 30, 2014 thru Wednesday, October 29, 2014, from 6:00
a.m. until 4:00 p.m., for the Raleigh Downtown Farmer's Market.
He is also requesting the closure be extended north from the plaza to the designated pedestrian
crossing on the following dates, Wednesday, April 30, 2014, July 2, 2014, August 13, 2014,
September 10, 2014, and October 1, 2014.
He is also requesting a waiver of all City ordinances concerning the possession and consumption
of alcoholic beverages on City property and permission to allow amplified sound during the
event.
February 4, 2014
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Fayetteville Street between Morgan and Lenoir Streets, Davie Street between Salisbury and
Wilmington Streets, Martin Street between Salisbury and Wilmington Streets, Hargett Street
between Salisbury and Wilmington Streets
Ms. Jennifer Martin, representing the Greater Raleigh Merchants Association, requests
permission for a street closure on Friday, April 25, 2014 at 5:00 p.m. until Saturday, April 26,
2014 at 11:59 p.m. for the Brewgaloo fundraising event.
The actual event will take place on Saturday, April 26, 2014 from 12:00 p.m. until 10:00 p.m.
She is also requesting no parking signs be posted on the North and South sides of Davie Street
between Fayetteville Street and Salisbury Street on Friday, April 25, 2014 at 5:00 p.m. until
Saturday, April 26, 2014 at 11:59 p.m.
She is also requesting a waiver of all City ordinances concerning the possession and
consumption of alcoholic beverages on City property and permission to allow amplified sound
during the event.
Recommendation: Approve subject to conditions noted on the reports in the agenda packet.
Upheld on Consent Agenda Crowder /Gaylord — 8 ayes.
STREET IMPROVEMENT PETITIONS — FOX ROAD — RESOLUTION OF INTENT
ADOPTED
Semi - annual street improvement petition reviews have been conducted, and the results are as
follows:
Fox Road from Spring Forest Road to Sumner Boulevard
• Improvements to include construction of a 53 -foot, back -to -back street section, including curbs,
gutters, drains, and paving with sidewalk on both sides for an approximate distance of 1,350
linear feet (LF).
• Assessment Rate: $32 /LF for residentially zoned and $64 /LF for non - residentially zoned
properties
• Estimated Cost of Construction: $660,000
This petition project includes street frontage across Spring Forest Road Park, which is City -
owned. Of the four private property owners included in the petition, the petitioner was only able
to obtain signatures from two, or 50% of the property owners. In the absence of a petition signed
by more than 50% of the property owners, provisions in the City Charter enable the City to
construct the project and assess property owners following a public hearing. Annual paving
funds are available for this project.
February 4, 2014
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Recommendation: Adopt a resolution of intent to schedule a public hearing for Tuesday, March
4, 2014 for consideration of the project and the assessment rate as indicated. Upheld on Consent
Agenda Crowder /Gaylord — 8 ayes. See Resolution 870.
TRAFFIC CALMING — MILBURNIE ROAD DESIGN REVIEW — PUBLIC MEETING
AUTHORIZED FOR MARCH 4, 2014
Draft designs for a neighborhood streetscape project under the Neighborhood Traffic
Management Program (NTMP) have been completed. It is recommended that a design review
with public input be held for this project, which was included in the project priority list adopted
by the City Council on September 6, 2011. The project has met the requirements of the City's
NTMP policy, to include a completed petition of support signed by at least 75% of the properties
along the street and the specified two public workshops. The proposed neighborhood streetscape
project under consideration is Milburnie Road, from Raleigh Boulevard to Chatham Lane.
A copy of the neighborhood stakeholder presentation can be found on the Office of
Transportation Planning webpage:
http: / /www.raleighnc.gov/ business / content/ PWksTranServices/ ArticlesINeighborhoodStreetscap
Pc html
Recommendation: Authorize a design review with public input during the evening Council
meeting Tuesday, March 4, 2014. Upheld on Consent Agenda Crowder /Gaylord — 8 ayes.
TRANSIT — NEW FREEDOM GRANT SECTION 5317 — APPROVED — BUDGET
AMENDED
The City has been awarded a Section 5317 grant (NC- 57- X016 -01) from the Federal Transit
Administration (FTA) to use towards fixed -route travel training and escorted door -to -door
transportation services provided by the Accessible Raleigh Transit program. The Alliance of
Disability Advocates and the Center for Volunteer Caregiving are sub - recipients of the grant
award. Included in the FTA award amount is an administrative fee of $12,982 to use towards
program administration costs including project oversight, planning, and technical assistance.
The City cash match is appropriated in the operating budget. This grant was approved by the
Grants Committee on January 23, 2014.
Recommendation: Accept the grant award and approve the following budget amendment:
Increase Revenue Accounts:
415 -2211- 513280- 93313- GRT02- 74050101 Federal Grant $142,802
415 -2211- 554100- 93313- GRT02- 74050101 City Match $45,000
Increase Expense Accounts:
415 -2211- 725200- 93313- GRT02- 74050101 Administration $12,982
415 -2211- 708900 - 93313- GRT02- 74050101 Contractual Services $174,820
February 4, 2014
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Upheld on Consent Agenda Crowder /Gaylord — 8 ayes. See Ordinance 263 TF 223.
TRANSIT — JOB ACCESS REVERSE COMMUTE GRANT SECTION 5316 —
ACCEPTED — BUDGET AMENDMENT
The City has been awarded a Section 5316 grant (NC- 37- X031 -01) from the Federal Transit
Administration (FTA) to use towards the Knightdale to Raleigh regional express bus service and
the Zebulon/Wendell to Raleigh regional express bus service. Triangle Transit is the sub -
recipient for both express services. Included in the FTA award amount is an administrative fee
of $16,430 to use towards program administration costs including project oversight, planning,
and technical assistance. There is no required match for this grant. This was approved by the
Grants Committee on January 23, 2014.
Recommendation: Accept the grant award and approve the following budget amendment:
Increase Revenue Account:
415 -2211- 513280- 93313- GRT02- 74060101 Federal Grant $180,730
Increase Expense Accounts:
415 -2211- 725200- 93313- GRT02- 74060101 Administration $16,430
415 -2211- 708900 - 93313- GRT02- 74060101 Contractual Services 164,300
$180,730
Upheld on Consent Agenda Crowder /Gaylord — 8 ayes. See Ordinance 263 TF 223.
DWI SQUAD - GRANT YEAR TWO — SUBMITTAL APPROVED
Authorization to pursue a second year of grant funding from the National Highway Traffic
Safety Administration (NHTSA) to maintain a DWI enforcement squad consisting of four
officers and one sergeant to detect and arrest impaired drivers is requested. The grant is funded
at 85 percent and will pay a total of $339,293 for salaries, fringe benefits, promotional items, and
travel costs for in- and out -of -state training opportunities. The 15 percent city match of $59,875
will be paid from the Controlled Substance Tax Reserve. This was approved by the Grants
Committee on January 23, 2014.
Recommendation: Approve submittal of the grant application. Upheld on Consent Agenda
Crowder /Gaylord — 8 ayes.
POLICE — NORTH CAROLINA STATE UNIVERSITY MUTUAL AGREEMENT —
APPROVED
The Police Department has developed a close working relationship with the North Carolina State
University Police Department. In 2010 both departments explored the possibility of the
expansion of the territorial jurisdiction of NCSU Police pursuant to N.C.G.S. 116 -40.5. The
February 4, 2014
Page 9
statute allows a municipality to grant jurisdiction to a campus law enforcement agency affiliated
with the North Carolina University System. It was decided that an agreement for a strategically
limited expansion of NCSU Police jurisdiction would allow for faster, more efficient cooperation
between agencies and response to calls for service.
This matter was initially presented to Council on March 6, 2010, at which time the Council
authorized the City Manager to enter into an agreement to expand the territorial jurisdiction
pursuant to the terms of the agreement. The current agreement has expired. Renewal of this
agreement would result in continued efficient utilization of resources for both agencies. There is
no cost to the City associated with this agreement.
Recommendation: Authorize the City Manager to execute the agreement. Upheld on Consent
Agenda Crowder /Gaylord — 8 ayes.
WATER SYSTEM MASTER PLAN — HAZEN AND SAWYER — CONTRACT
AUTHORIZED
Periodic update of the Water System Master Plan is required, and is funded in the Capital
Improvement Program. Hazen and Sawyer was previously selected for the Water System Master
Plan update by Council action on August 6, 2013. Staff has negotiated a contract with Hazen
and Sawyer in the amount of $484,870 for completion of the plan update.
Recommendation: Authorize the City Manager to execute a professional services contract.
Upheld on Consent Agenda Crowder /Gaylord — 8 ayes.
BUDGET AMENDMENTS — VARIOUS — ORDINANCE ADOPTED
The agenda presented the following budget amendments:
Finance - $360,000 - to record revenue from the sale of retail space in the Blount Street Parking
Deck.
Parks, Recreation and Cultural Resources - $97,935 — to fund additional summer camp programs
at Halifax Community Center and at North Raleigh Christian Academy for the 2014 summer
session.
Fire - $162,410 - to appropriate funding for the Urban Search and Rescue Program jointly funded
by the cities of Raleigh, Durham and the Town of Chapel Hill.
The agenda outlined the revenue and expenditure accounts involved.
Recommendation: Approval of the budget amendments as outlined. Upheld on Consent
Agenda Crowder /Gaylord — 8 ayes. See Ordinance 263 TF 223.
February 4, 2014
Page 10
TRAFFIC — VARIOUS CHANGES — ORDINANCE ADOPTED
The agenda presented recommended changes in the traffic code relating to no parking zone on a
portion of Birmingham Way pursuant to request from Talis Management Group on behalf of the
Southhall Homeowners Association and controlled residential parking on a portion of Jones
Street to replace the existing two -hour parking. The agenda outlined the exact locations involved
and backup included the appropriate changes in the Traffic Code if approved.
Recommendation: Approved as recommended and authorized the appropriate changes in the
Traffic Code as included in the agenda packet. Upheld on Consent Agenda Crowder /Gaylord — 8
ayes. See Ordinance 264.
END OF CONSENT AGENDA
PAWNBROKER LICENSE — 421 CHAPANOKE ROAD — WITHDRAWN
Mr. Tony C. Ro has applied for a pawnbroker license to conduct business as World Gold and
Pawn, to be located at 421 Chapanoke Road, Suite 113, Raleigh, 27603. Under ordinance 12-
2101(4) the pawnbroker license requires Council approval.
The business is to be located in a shopping plaza which has a large residential community,
Renaissance Park, located to the west of the commercial property. The proposed business will
have day -time hours Monday through Saturday and will not be operating in the evening. The
business will not buy firearms or offer check cashing services. The business will not sell
alcohol.
According to the Police Department review of the application, the Southwest Citizens Advisory
Council that incorporates this business was informed of the request to operate a pawn shop in the
Chapanoke Shopping Center. Forty citizens responded by email, asking that the request to open
the pawn shop be denied. The emails were included as part of the approved Police report.
Citizens are concerned that the opening of the pawn shop, particularly when there are several
others in close proximity, will lead to an increase in crime and vagrancy. They are also
concerned that the presence of a pawn shop will deter other, more family - friendly businesses
from opening undermining the efforts to revitalize the area and negatively impacting property
values.
Reports of the Police, Inspections, and Fire departments indicate approval of the application and
Tony C. Ro has satisfied the criteria for a pawnbroker's license.
Recommendation: Approve the application. Mayor McFarlane pointed out Administration had
asked that this item be withdrawn from the Consent Agenda as additional information has come
forth. Mr. Crowder stated he had requested that it be withdrawn as he had concerns so referring
it back to Administration for additional investigation is fine. Without objection the item was
withdrawn and referred back to Administration for additional work.
February 4, 2014
Page 11
RALEIGH UNION STATION — CONSTRUCTION MANAGER AT RISK — MANAGER
AUTHORIZED TO NEGOTIATE CONTRACT
At the December 3, 2013 meeting, Council authorized solicitation of Statements of
Qualifications for Construction Manager at Risk (CMAR) services for the proposed Raleigh
Union Station.
The Request for Qualifications (RFQ) for CMAR services was advertised on December 4, 2013.
Three responses were received on December 20, 2013; responding teams were determined to be
qualified and were interviewed January 14, 2014.
Based upon the evaluation of the selection committee, the following teams are recommended in
priority order
(1) Clancy & Theys / Skanska, a Joint Venture
(2) Barnhill Contracting Company
(3) Gilbane / Brasfield & Gorrie, a Joint Venture
Recommendation: Authorize City staff to enter into negotiations, in accordance with City
standard procedures, with the Clancy & Theys / Skanska, Joint Venture. If negotiations prove
unsuccessful with the top ranked firm, staff will be authorized to enter negotiations with the next
ranked team. Results of these negotiations will be presented to Council for approval.
Ms. Baldwin stated she had asked that this be withdrawn from the Consent Agenda as her
employer is involved in this project. Mr. Gaylord moved that Ms. Baldwin be excused from
participation in the Raleigh Union Station item. His motion was seconded by Mr. Weeks 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 and Ms. Baldwin moved from the table. Mr. Odom moved approval of
the recommendation as outlined. His motion was seconded by Mr. Gaylord and a roll call vote
resulted in all members voting in the affirmative except Ms. Baldwin who was excused from
participation. The Mayor ruled the motion adopted on a 7 -0 vote.
I -40 BRIDGE PEDESTRIAN METRO FITS — DESIGN AGREEMENT — MANAGER
AUTHORIZED TO EXECUTE AGREEMENT WITH WETHERILL ENGINEERING —
FUNDS TRANSFERRED
The consultant selection process has been followed and an agreement was negotiated with the
selected consultant, Wetherill Engineering, for the I -40 Bridge Pedestrian Retrofits Improvement
project. These professional services include final engineering design for pedestrian retrofits at
three bridges over I -40 (Buck Jones Road, Avent Ferry Road, and Rock Quarry Road). The
negotiated design fee is $302,648 to include roadway, utilities, storm drainage, erosion control,
traffic control, pavement marking, signal, and signing plans. The design will also include
surveys, public and private subsurface utilities location, preparation of right of way plats for right
of way acquisition, and bidding /contract documents suitable for letting the project to
construction.
February 4, 2014
Page 12
Funding of design services is not allowed under the conditions of the federal grant received for
construction of the project.
Total fees are in line with current market estimates. The consultant is proposing to use 90.45%
Small Disadvantaged minority and Women Owned Business (SDMWOB) participation.
Recommendation: Authorize the City
the following budget transfer:
Transferred From:
531- 2210 - 790120- 975- CIP02- 79990020
531- 2210 - 790130- 975- CIP02- 79990020
Transferred To:
Manager to execute the design agreement and authorize
Lake Wheeler Road Improvement - $170,523
ReserveConstruction Zone 2
Lake Wheeler Road Improvement - 132,125
Reserve Construction Zone 3 $302,648
531- 2210 - 792010- 975- CIP02- 80010210 I -40 Pedestrian Bridge Retrofit Project $302,648
Mayor McFarlane stated she withdrew this from the Consent Agenda as she has been advised
that the name of the accounts on the transfer from accounts is incorrect. It should be changed to
Public Works Design Construction Reserve — Construction Zone 2 and Construction Zone 3.
With that change Mayor McFarlane moved approval. Her motion was seconded by Mr. Crowder
and a roll call resulted in all members voting in the affirmative. The Mayor ruled the motion
adopted on an 8 -0 vote. See Ordinance 263 TF 223.
DUNCAN PARKING TECHNOLOGIES — ON- STREET PROGRAM — CONTRACT
RENEWAL WITH DUNCAN PARKING — APPROVED; ADMINISTRATION ASKED
TO EXPLORE OPTIONS FOR FUTURE
In March 2011, City Council granted approval for Public Works to negotiate a service contract
with Duncan Parking Technologies for 193 new on- street, multi -space pay stations covering
approximately 1,200 spaces in the downtown area. In 2012, the number of pay stations increased
to 199 with approximately 1,230 spaces. The pay stations are propriety equipment and can only
be serviced by the manufacturer.
Renewal of the service contract is necessary at this time, and comprises two main components:
(1) Vendor - hosted Services and Systems Maintenance, and (2) Hardware /Software Service and
Support. The current contract expires February 28, 2014 and is essential for continued
successful operation of the meter program. An amendment to renew the service agreement is
currently being reviewed by the City Attorney's office. Staff recommends renewal of this
contract for another 12 -month period at the cost of $225,687. Funding is appropriated in the
operating budget.
February 4, 2014
Page 13
Contract History:
Original Contract Amount:
$136,644
Amendment Number One:
FY 11, parking management software,
85,500
customer support, extended battery service
Amendment Number Two:
FY12, parking management software,
196,474
customer support, extended battery service,
and pay station extended warranty
Amendment Number Three:
FY13, parking management software,
223,494
customer support, extended battery service,
and pay station extended warranty
Amendment Number Four:
FY14, parking management software,
225,687
customer support, extended battery service,
pay station extended warranty
Total:
$867,799
Mr. Crowder stated he withdrew this from the Consent Agenda as it seems that there has been a
significant increase in the maintenance cost. The cost seems to be relatively high.
Gordon Dash indicated the cost per unit initially was about $5,200 which represents just over
$1M for the machines. The software was an additional cost. He stated the first year $8,500
which covered full warranty. He stated Duncan was the only vendor that would guarantee parts
and service as long as the City had the machines or for 10 years as long as we paid the warranty
charge. Mr. Crowder talked about the cost questioning if there is a way we can get the machines
serviced on an as need basis rather than pay the warranty. Mr. Dash pointed out this is outdoor
equipment, subject to wear and tear just as any other outdoor vending machine. He stated a CPU
board is about $1,900 and pointed out they replaced 57 in FY12. He stated the warranty
agreement is more like a cost containment. He talked about the service that was provided and
the amount the warranty cost. This year the service warranty is about $80,000 and if we look at
the service we received it is much more so we saved repair charges. He stated this is basically a
cost control as we have a static number and are not hit with large maintenance cost. He stated
that is just the way the parking meter world works.
Mr. Gaylord indicated this is the way the parking works today he stated however, he thinks there
are other opportunities. He talked about the Charlotte program and how they are doing away
with the meters or equipment and one pays by telephone. He stated there are different
technologies that are available which do not involve long term capital and maintenance cost. He
asked that Administration explore that next year as he feels there is an opportunity for the future.
It makes sense to retain this contract for this year but look at other technologies for the future.
Mr. Gaylord moved approval as outlined. His motion was seconded by Mr. Crowder.
Mr. Crowder stated he thinks the cell phone technology Mr. Gaylord is talking about can be used
for buses also. Mr. Odom questioned if this is a one year contract with Mr. Dash pointing out it
is a one year contract that can be renewed for up to 10 years. The cost in FY -13 was talked
February 4, 2014
Page 14
about. Mr. Maiorano pointed out as he understands this is the cost of doing business however it
is a pretty steeps cost. Mr. Dash talked about the number of units we have and customer
satisfaction. 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.
REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION
REZONING Z -32 -13 — NORTH BOULEVARD AVENUE — PUBLIC HEARING
AUTHORIZED FOR MARCH 4, 2014
This is a request to rezone property from O &I -1 w/ PBOD to OX- 7- UL -CU.
CR -11561 from the Planning Commission finds that this case is consistent with the
Comprehensive Plan and recommends approval of the request in accordance with the zoning
conditions submitted January 6, 2014. Staff recommends that the case be heard at the March 4
public hearing. Mr. Gaylord moved approval. His motion was seconded by Mr. Weeks and a
roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion
adopted on an 8 -0 vote.
CP -3 -4 — 2030 COMPREHENSIVE PLAN /BLAND ROAD AMENDMENT — PUBLIC
HEARING AUTHORIZED FOR MARCH 4, 2014
The proposed changes would amend the 2030 Comprehensive Plan/Future Land Use Map for
properties along Bland Road from Moderate Density Residential to Office and Residential Mixed
Use.
The request is the result of Planning Commission discussion of Z -27 -13 Bland Road. The
Planning Commission initiated a small planning study in which the Planning Staff held meetings
and were in communication with property owners in the area. The properties in question are
becoming less desirable as single family houses and more viable for offices and /or higher density
housing. The property owners were in favor of this change in Future Land Use Map designation.
CR -11562 from The Planning Commission recommends approval of the request. Staff
recommends that the case be heard at the March 4 public hearing. Chairman Fleming explained
the Planning Commission's recommendation. Mr. Gaylord moved approval. His motion was
seconded by Mr. Odom.
Mr. Crowder expressed concern pointing out there is a public hearing on the zoning case later in
the day. He questioned if we should hold action on this until that time. Deputy Planning
Director Bowers explained the history of this comp plan amendment and the rezoning case,
pointing out during discussions of the rezoning case, the Planning Commission felt they should
study the area as the properties up for rezoning are becoming less desirable as single family and
more viable for office and /or higher density housing. After study the Planning Commission felt
that the Council should look at amending the comprehensive plan for that area. He explained the
Council could hold off on this item or have the hearing on the zoning case and hold that until
February 4, 2014
Page 15
such time as the Council acted on this case. The schedule was discussed with Mr. Odom
pointing out if you approve the Comprehensive Plan amendment that sets the stage for approving
the zoning case. The fact that the Council changes the comprehensive plan and updates it several
times a year to make sure that it is consistent with the zoning on the ground was discussed.
Various Council members voiced concern about approving a comprehensive plan amendment
prior to hearing a zoning case. This dialogue followed as to proper procedure to follow with it
being pointed out this particular item just schedules CP -3 -14 for public hearing. It does not
change the comprehensive plan. The motion as stated was put to a vote which resulted in all
members voting in the affirmative with all members except Mr. Odom who voted in the
negative. The Mayor ruled the motion adopted on a 7 -1 vote.
SPECIAL ITEMS
S -41 -13 — TOWER STREET SUBDIVISION — FINDINGS AND CONCLUSIONS
APPROVED
During the January 21, 2014 Council meeting, a hearing to consider a request from Jamie
Schwedler, Esq., on behalf of Adryon Clay, for a variance from City Code Section 10- 3032(c)
requiring a minimum corner lot width of 60 feet related to property at 920 and 924 Tower Street,
associated with preliminary subdivision S -41 -13 - Tower Street Subdivision. Following the
hearing, Council approved the request and directed that the item be placed on this agenda to
consider approval of the findings and conclusions, which were included in the agenda packet.
The findings were as follows:
NORTH CAROLINA
BEFORE THE RALEIGH CITY COUNCIL
WAKE COUNTY S -41 -13
IN RE: Tower Street Subdivision
On January 7, 2014, the Raleigh City Council held a hearing to receive evidence
from Jamie Schwedler on behalf of Adryon Clay for a variance associated with S- 41 -13,
Tower Street Subdivision. The applicant requests a variance for the corner lot width
requirement of 60 feet in the Residential -10 (R -10) zoning district per Code Section 10-
3032. As a result of that hearing and the testimony and other evidence received therein,
the City Council makes the following subdivision approval.
FINDINGS OF FACT
The City Council finds, based on the record, that S -41 -13 complies with these
requirements.
February 4, 2014
Page 16
1. All parties necessary to the determination of this request were properly
notified and were present or had the opportunity to be represented at the
hearing.
2. In the R -10 zoning district the minimum corner lot width is 60 feet. The
applicant is requesting a 10 -foot reduction to allow a proposed lot at the
corner of Mayview Road and Tower Street to have a 50 -foot width as part
of a four -lot subdivision:
a. Practical difficulties or unnecessary hardship would result if
the strict letter of the subdivision law were followed.
The applicant purchased these two lots, which contained two
abandoned and condemned duplexes, and is seeking to replace
them with four single - family residential lots for resale. The
development plan seeks to maintain the residential density and
character of this neighborhood. If the 60 -foot minimum lot width
were required, the applicant would have a practical difficulty in
meeting the intent of this particular Neighborhood Conservation
Overlay District (NCOD), which favors infill and single - family
residential development and disfavors multi - family development.
Requiring a 60 -foot corner lot will enable duplexes on the corner
lot, whereas a 50 -foot minimum lot will prevent duplex or
multifamily construction.
b. The variance is in accordance with the general purpose and
intent of the ordinance.
The subdivision and zoning ordinances are intended to preserve
orderly growth and development at appropriate densities per
zoning district. The Oberlin Village NCOD ordinance specifically
intended for this area to promote infill development of single -
family residential use, and was created at a time when multi - family
and duplexes were resulting in vacant lots. The variance will allow
the developer to restore this vacant parcel to single - family lots, in
accord with the original intent of the NCOD.
The development concept is also in accord with the following
Comprehensive Plan Policies: LU 8.11 Facilitate the development
of vacant lots that have historically been difficult to develop; LU
8.10 Encourage infill development on vacant land; and AP -WO 11
preserve Oberlin Village current residential land uses of single -
family houses.
February 4, 2014
Page 17
C. Public safety and welfare have been secured and substantial
justice done in granting the variance.
This variance is in accord with the layout of many other corner lots
within the NCOD which are less than 60 feet wide and have not
posed safety issues. The applicant has satisfied development staff
comments and is not aware of any unaddressed safety concerns.
The layout proposed is similar to many others in the vicinity, and
similar treatment would work a substantial justice.
CONCLUSIONS OF LAW
1. Based on evidence presented at the hearing, the Raleigh City Council concludes
that S -41 -13 complies with the provisions of the Raleigh City Code 10- 3032(c).
Therefore, the requested variance is hereby granted.
Mr. Gaylord moved approval. His motion was seconded by Mr. 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 CITY MANAGER
NONE
REPORT AND RECOMMENDATION OF THE PARKS, RECREATION AND
GREENWAY ADVISORY BOARD
FEES AND CHARGES — PARKS AND RECREATION — APPROVED TO BE
EFFECTIVE JULY 1, 2014
The Parks, Recreation, and Greenway Advisory Board ( PRGAB) annually reviews the fees and
charges for use of facilities. An ad hoc committee of the PRGAB met and reviewed staff
recommendations. The PRGAB unanimously voted on January 16, 2014 to recommend adoption
of the proposed fee changes as recommended by staff
Recommendation: Authorize the fee changes effective July 1, 2014.
Parks, Recreation and Greenway Advisory Board Chair Kimberly Siran explained the procedure
for updating fees and charges. She stated the recommendations follow two public meetings,
notifications of which were posted and parks facilities, etc. No public comment was received.
The Committee recommends approval of the fees effective July 1, 2014. The recommendations
were as follows:
February 4, 2014
Page 18
The Parks, Recreation, and Greenway Advisory Board (PRGAB) annually reviews the
fees and charges schedule of fees managed by the Parks, Recreation and Cultural
Resource Department. For 2014 staff reviewed fees including art studios, staffed and
non - staffed facilities, picnic shelters, specialty fees, Moore and Nash Square, Anderson
Point, Tucker House, Mordecai, facilities at Durant Nature Park, Walnut Creek Wetland
Center, City of Raleigh Museum and Pullen Park.
At Pullen Art Center and Sertoma Art Center we recommend an increase in the Home
Base Annual Studio Fee by $5. The new fee would be $70 for City of Raleigh residents
and $85 for non - residents. With the implementation of membership in CLASS, the Art
Studios recommend offering the option of a six month Home Base Studio Fee to patrons
not able to use the studio for a full year. The new six month fee would be $45 residents
and $60 non- residents. Art center studio fees were last reviewed and increased in 2011.
The estimated new revenue from these fees is $2,800.
We recommend increasing the non - resident program fee from $12 to $15. This fee
would apply to any program registration higher than $15. The non - resident program fee
was increased in 2011. Market research supports the increased fee and the estimated new
revenue is $32,300.
For specialty fees we recommend increasing the refundable damage deposit from $75 to
$100 on all Parks, Recreation and Cultural Resources facility rentals except at picnic
shelters. The fee has not been increased since 2001 and for most rentals the current
damage deposit fee does not cover one hour of rental time.
We propose increasing the Durant Nature Park (DNP) campsite rate from $20 to $30
based on market research and the amount of staff time needed prep campsite rentals.
This involves cleaning the site, creating temporary detour trails around the campsite,
checking in the group, providing flagging for cars staying overnight and checking the
group out the next day. This will also help offset the cost of having a port -a john at the
site.
We propose increasing the DNP Training Lodge rate from $160 to $175 for overnight
non - school groups. The fee has not been increased since 2006. We do not recommend
any changes to the current hourly rate for the Training Lodge. The estimated new
revenue for DNP equates to $300.
We recommend eliminating the admission charge at the City of Raleigh Museum.
Currently admission is $5 adults, $3 for youth 6 -17, and children are free. The new model
would utilize a suggested donation box previously used by the museum. The donation
approach is preferred by long -term supporters of the museum.
We recommend offering a group ticket rate for amusement rides at Pullen Amusement
Park and the John Chavis Memorial Park carousel. For ticket request over 100, the per
ticket rate would be $.90. This is a 10% discount from the current $1.00 rate and would
February 4, 2014
Page 19
be similar to other Parks, Recreation and Cultural Resources Department group rate
discounts.
Public meetings were held on December 17, 2013 and January 7, 2014. Notification of
these meetings was advertised at all Parks, Recreation and Cultural Resources facilities
along with ART Flash which is received by over 7,100 patrons. Both meetings opened
with the opportunity for public comment. No public comment was received.
The total estimated new revenue from the 2014 fee structure is $35,400. All fee
increases would be effective July 1, 2014.
Mr. Odom moved approval. His motion was seconded by Mr. Weeks and a roll call vote resulted
in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8 -0.
REPORT AND RECOMMENDATION OF THE STORMWATER MANAGEMENT
ADVISORY COMMISSION
STORMWATER VARIANCE — 4600 CAPITAL BOULEVARD — APPROVED
Council members received the following information in their agenda packet.
Representatives for Rite Aid requested a variance from nitrogen reduction requirements
found in the stormwater regulations (10 -9022) with regards to their proposed site at 4600
Capital Blvd. As part of the variance, the applicant is proposing to utilize a proprietary
stormwater device to achieve nitrogen removal.
Background
The design engineer for the project has submitted a stormwater management plan that
includes the Filterra proprietary treatment system to reduce nitrogen onsite. Filterra is a
system that is not currently approved for use by the state of North Carolina or the city.
This is the reason for the variance request. Filterra is working towards getting state
approval for this treatment system but it is not official yet.
Further complicating this site is the presence of contaminated soils; this restricts the type
of subsurface treatment options available to this site. Calculations for the plan were
submitted as well as a report generated by Withers and Ravenel in 2008 outlining
potential sizing requirements for the Filterra system. City staff reviewed the submittal
documents and can verily that the submitted plan meets the guidelines spelled out in the
2008 report. Based on that report, this should allow the site to reduce nitrogen below the
required level of 3.6 lbs /ac /yr without the use of a buydown. Also, the placement of the
Filterra box is outside of the area of soil contamination onsite.
The Stormwater Management Advisory Commission recommended approval
unanimously of this variance to Code Section 10 -9022 at their January 16, 2014 meeting.
February 4, 2014
Page 20
Michael Birch, Chairman of the Stormwater Management Advisory Commission, explained the
item pointing out the Stormwater Management Advisory Committee is recommending approval.
Mr. Crowder asked about the history of this type device and whether it has been approved by the
State. Mr. Birch pointed out this has been in the system for approval by the State for quite some
time. He talked about studies that have been conducted on this type of device with very good
results and in response to questioning spoke to the easy maintenance of the type facility. It was
pointed out, there would still be an annual inspection conducted. Mr. Crowder moved approval
of the request. His motion was seconded by Mr. Weeks and a roll call vote resulted in all
members voting in the affirmative. The Mayor ruled the motion adopted on an 8 -0 vote.
REPORT AND RECOMMENDATION OF BUDGET AND ECONOMIC
DEVELOPMENT COMMITTEE
SUMMIT HOSPITALITY GROUP — PURCHASE AND DEVELOPMENT
AGREEMENT — REFERRED BACK TO BUDGET AND ECONOMIC DEVELOPMENT
COMMITTEE; PUBLIC HEARING AUTHORIZED
Mayor McFarlane asked that this item be referred back to Budget & Economic Development
Committee in order for further discussion; however, she would recommend scheduling a public
hearing for February 18, 2014 to consider this proposal. On behalf of the committee, Mayor
McFarlane moved approval. Her motion was seconded by Mr. Odom and a roll call vote resulted
in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8 -0 vote.
GRANVILLE COUNTY — JOINT PURCHASE OF SUITT PROPERTY INTEREST —
APPROVED
Mr. Crowder reported the Real Estate section of the Budget and Economic Development
Committee recommends authorizing the purchase of the Suitt Tract with the City's contribution
not to exceed $40,000. The property is located in Granville County, one mile east of Creedmoor,
off of Bowman Road adjacent to existing conservation projects. The parcel is 36.56 acres and
will protect approximately 2,200 lineal feet of two streams that drain into the Beaver Dam
impoundment of Falls Lake. The Tar River Land Conservancy will provide stewardship services
for this property. The property would be protected in perpetuity. The Tar River Land
Conservancy may work with the City of Creedmoor to establish hiking trials on the site with the
City of Raleigh having final approval of any site modifications. On behalf of the Committee,
Mr. Crowder moved the recommendation be upheld. His motion was seconded by Mr.
Stephenson. Mr. Odom questioned what other governments are participating in the purchase
with it being pointed out only the town of Creedmoor. 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.
February 4, 2014
Page 21
REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNING
COMMITTEE
NO REPORT
REPORT AND RECOMMENDATION OF LAW AND PUBLIC SAFETY COMMITTEE
NO REPORT
REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE
NO REPORT
REPORT AND RECOMMENDATION OF THE TECHNOLOGY AND
COMMUNICATION COMMITTEE
BROADBAND FIBER LOOP INSTALLATION - STATUS — REFERRED TO
TECHNOLOGY AND COMMUNICATION COMMITTEE
Mr. Gaylord stated the Technology and Communications Committee will be meeting and they
will be discussing three items, the budget web visual tools cost analysis, Solarize Raleigh and the
broadband update. The City Clerk questioned if he was referring the broadband issue to
committee with Mr. Gaylord stating it would be discussed in conjunction with an issue already in
the committee — Gig U status report. Ms. Baldwin suggested that we wait until we get the issue
with Gig U resolved and she did not think it was ready for discussion. Brief discussion took
place as to what is or is not in committee, after which Mr. Gaylord indicated they would be
discussing the other two issues.
During the evening portion of the meeting, Mr. Gaylord indicated he would like to clarify that he
would like to refer to Technology and Communication Committee an item to receive a status
report on the broadband fiber loop installation. The item was referred to committee.
REPORT OF MAYOR AND COUNCIL MEMBERS
DEVELOPMENT FEES — COMMENTS REFERRED TO ADMINISTRATION
Mr. Stephenson pointed out he had been talking with representatives of the Adryon Clay project
in west Raleigh which needs a variance and they had to go before the City Council and the Board
of Adjustment. He stated it involves an issue where there is no community concern, no staff nor
City Council concern; however, because of our new regulations they ran up approximately
$20,000 in legal fees. He pointed out it makes him wonder if our processes should be
streamlined to be more cost effective, etc. He asked Administration to provide some
information.
February 4, 2014
Page 22
Mr. Stephenson stated he was contacted by a constituent who wants to add a small deck on the
back of their house. He stated he understands since January 1, anything that requires a permit
also requires a legal survey. He stated as he understands even the smallest thing such as a stoop,
handicap ramp, small deck on the back of your house, would require a legal survey and that cost
some $300. He indicated the person who contacted him stated they went through the web site to
try to find all of the rules and regulations and could not get a clear understanding about the cost.
They went to get their permit, had to wait two weeks to get a legal survey before they could get
the permit. He asked Administration to look into this issue and may be get a better explanation
on the web site and staff could come back with some recommendations in issues where public
health, safety or welfare is not involved as to the need for the legal survey.
COUNCILMAN WEEKS — COMMENTS RECEIVED
Mr. Weeks expressed appreciation to St. Augustine student government for inviting he, Mr.
Odom and Mr. Stephenson to start a dialogue on working together and he hopes we will have
some follow up.
Mr. Weeks also expressed appreciation to Shaw University for introducing their new interim
president who is in the audience today. He expressed appreciation for the group establishing a
dialogue with the City of Raleigh as to how we could move forward together. The comments
were received.
STORMWATER — E. B. PALMER — ADMINISTRATION TO CONTACT
Mr. Week stated he has had some conversations with E.B. Palmer relative to stormwater issues
on this property. He pointed out our Stormwater Division personnel worked with him and Mr.
Palmer signed some documents. When that was occurring Mr. Palmer had just got out of the
hospital and he did not understand totally what all had signed. He asked that someone from the
Stormwater Division go out with him to visit Mr. Palmer and to have further discussions on what
he actually signed. The item was referred to Administration.
MAYOR MCFARLANE — COMMENTS RECEIVED
Mayor McFarlane expressed appreciation to staff for the hard work they did with the snow
incidents last week. She stated every one worked hard, got the streets cleared, etc.
She expressed appreciation to everyone for pulling together with the last minute changes with the
retreat and she appreciated all the efforts.
UPPER NEUSE BASIN — REPRESENTATION NAMED
Mayor McFarlane indicated the City lost its representative to the Upper Neuse Basin Group. She
stated she was appointing herself to serve in that capacity.
February 4, 2014
Page 23
At the night portion of the meeting, Mayor McFarlane made a correction pointing out what they
need is a second alternate and that would be Carolyn Bachl of the City Attorney's office.
Kenney Waldroup is the first alternate. Without objection it was agreed to that representation.
CITY MANAGER — REVIEW — ANNOUNCED
Mayor McFarlane indicated the Council had agreed to have quarterly review meetings with the
City Manager and it is time. She suggested that the Council schedule a review the first meeting
in March pointing out that could be done at the end of the afternoon meeting and it would be a
closed session item. The comments were received.
Mr. Odom stated when the Mayor was talking about review of the City Manager it reminded him
that the Council has two other employees that need to have their review and he feels it would be
good if the Council would schedule a time for those reviews.
PUBLIC UTILITIES WORK SESSION — TO BE ESTABLISHED
Mayor McFarlane indicated Public Utilities Director Carman had stated it was time for another
Public Utilities work session. She stated this was held last year and it was very effective in
getting everyone up to speed on the different issues, etc. She stated it would be about a half a
day workshop and several dates have been selected such as March 3 or March 5. She stated
there are three or four possibilities and she would get an email out and hopefully it could be
established by the end of the week. Ms. Baldwin pointed out March 3 nor March 5 would work
for her.
TECHNOLOGY — NEXT DOOR.COM — REPORT REQUESTED
Mr. Gaylord echoed other Council members appreciation and thanks to staff for the retreat. He
stated he thought it was excellent and time well spent.
Mr. Gaylord stated he had a reach out from a constituent about a social media technology that
New York is utilizing known as nextdoor.com. He stated there are multiple products that make
use of neighborhood social medias and he would like for staff to look at the nextdoor.com and
provide information on the pros and cons of utilizing the software. Mr. Crowder pointed out a
lot of neighborhoods in his district have taken that on. The comments were received and referred
to Administration.
DEVELOPMENT SERVICES INITIATIVE — INFORMATION REQUESTED
Mr. Crowder indicated he would like to get an update on the Development Services initiatives,
where we stand, where we are on the milestones, etc., that is, get a report on the status of that
project. Mayor McFarlane stated that issue is in BED with Mr. Crowder stating he hopes it will
be taken up soon. He just would like to get a status report.
February 4, 2014
Page 24
UDO — STATUS /LIST OF ITEMS — INFORMATION REQUESTED
Mr. Stephenson asked if the Council could be provided a list of the UDO updates that are in the
works, that is, just get a listing of what items are being worked on. The item was referred to
administration.
APPOINTMENTS
APPOINTMENTS — VARIOUS ACTIONS TAKEN
The City Clerk reported the following results of the ballot vote:
Bicycle and Pedestrian Advisory Commission — One Vacancy — Harry Johnson was nominated
by Mr. Stephenson, Mr. Crowder and Mr. Gaylord.
Planning Commission — One Vacancy — Lemuel Whitsett — 6 (Gaylord, Baldwin, Stephenson,
Weeks, Odom, Maiorano); Anthony McLeod — 1 (Crowder)
Parks, Recreation and Greenway Advisory Board — Patrick Buffkin was nominated by Mr.
Stephenson, Mr. Weeks, Mr. Maiorano, Mayor McFarlane. Mr. Weeks moved that the Council
close nominations. His motion was seconded by Mr. Gaylord. Ms. Baldwin moved that the
Council suspend its rules and appoint Mr. Buffkin by acclamation. Her motion was seconded by
Mr. Weeks and put to a vote which passed unanimously. The Mayor ruled the motion adopted.
Raleigh Transit Authority — Alternate Member — Irene Godinez — 5 (Baldwin, Stephenson,
Weeks, Odom, Maiorano); Billy Warden — 3 (McFarlane, Crowder and Gaylord)
Substance Abuse Advisory Commission — One Vacancy — Angie Thompson — 8 (All Council
members)
The City Clerk reported the appointment of Lemuel Whitsett to the Planning Commission,
Patrick Buffkin to Parks, Recreation and Greenway Advisory Committee, Irene Godinez to the
Raleigh Transit Authority and Angie Thompson to Substance Abuse Advisory Commission.
REPORT AND RECOMMENDATION OF THE CITY ATTORNEY
HANSON QUARRY — SETTLEMENT ANNOUNCED
City Attorney talked about the long running quarry litigation relative to the Hanson quarry and
announced the issue has been concluded pursuant to Council instructions. Some of the
highlights of this settlement is the connection of Crabtree greenway with Umstead Park,
immediately get temporary and permanent easements to do that, to protection of rare flora in the
area, and some additional natural areas that will come to the City. We now have a finite period
of operation for the quarry and we now know that the quarry will not be operating on the south
side of the creek. He stated this has been a long time coming and it is a big day for the City and I
February 4, 2014
Page 25
know that the greenway folks in particular will be very glad about this. The neighbors will be
protected in this area, there is a requirement for a large berm on the north side of the property
which has to be completed by a certain time,. There are good protections for all. He stated he
has been working on this for 30 years.
REPORT AND RECOMMENDATION OF THE CITY CLERK
PARKS, RECREATION AND CULTURAL RESOURCES SYSTEM PLAN —
COUNCILMAN GAYLORD APPOINTED
The City Clerk reported Council members received a memorandum in their agenda packet
relative to the need for a Council representative on the citizen planning committee for the Parks,
Recreation, and Cultural Resource System plan. Mayor McFarlane stated without objection she
would appoint Mr. Gaylord as the Council representative on the Citizen Planning Committee.
MINUTES — JANUARY 7, 2014 — APPROVED
Council members received in their agenda packet, copies of the minutes of the January 7, 2014
Council meeting. Mr. Crowder moved approval as presented. His motion was seconded by Mr.
Weeks and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled
the motion adopted on an 8 -0 vote.
TAX — RESOLUTION ADOPTED
Council members received in the agenda packet a resolution adjusting, rebating, or refunding
penalties, exemptions, and relieving interest for the late listing of property for ad valorem taxes.
Mr. Crowder moved approval as presented. His motion was seconded by Mr. Weeks and a roll
call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted
on an 8 -0 vote. See Resolution 871.
ASSESSMENT ROLLS — ALLEGHANY DRIVE AND CREEDMOOR ROAD —
ADOPTED — PUBLIC HEARING AUTHORIZED
The following preliminary assessment rolls were presented. Adoption, which would set a public
hearing Tuesday, March 4, 2014 to consider confirmation of costs and associated transfer, if
approved, is recommended.
• Paving AR934 - Alleghany Drive (PW2011 -1)
• Sewer AR1351 - Creedmoor Road (PU2011 -1)
Mr. Crowder moved approval. His motion was seconded by Mr. Weeks and a roll call vote
resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8 -0
vote. See Resolution 872 and 873.
February 4, 2014
Page 26
RECESS
There being no further business, Mayor McFarlane announced the meeting recessed until
7:00 p.m.
Gail G. Smith
City Clerk
Jt /CCO2 -04 -14
February 4, 2014
Page 27
The City Council of the City of Raleigh met in a regular reconvened meeting at 7:00 p.m. in the
City Council Chamber, Raleigh Municipal Building, Avery C. Upchurch Government Complex,
222 West Hargett Street, Raleigh, North Carolina with all Council members present.
The following items were discussed with action taken as shown.
JOINT HEARING WITH THE PLANNING COMMISSION
TEXT CHANGE — SIGN ORDINANCE — HEARING — REFERRED TO THE
PLANNING COMMISSION
This was a joint hearing with the Planning Commission to consider a text change to clarify
certain sections of the sign ordinance. All members received a copy of the proposed tax change
in their agenda packet. Members of the Planning Commission present included J. B. Buxton,
Rodney Swink, Quince Fleming, Adams Terando and Eric Braun.
Planner Travis Crane explained the history of this item pointing out the issue was discussed at
length in the Law and Public Safety Committee and a proposed ordinance was drafted. He
indicated this is an amendment to a section of part 10 of the City Code and the UDO. The first
step in the process would be this hearing to consider amending part 10. He explained the
proposed text change would amend part 10 and UDO as it relates to the definition of signage to
include signs within windows, to regulate vehicular signage pared adjacent to the right -of -way
and to add language regarding nonconforming signage to both the part 10 of the code and the
UDO.
Planner Crane explained when this item was being discussed in Law and Public Safety
Committee, staff was asked to provide an analysis of the Glenwood South area and determine
roughly what percentage of properties would be made nonconforming if the text change were
approved. Because this text change would modify both the part 10 zoning code and the UDO,
two public hearings are required. The first which is being held now is a joint hearing with the
Planning Commission to satisfy the Part 10 requirements and a City Council public hearing at
the end of the process to satisfy the UDO. If both codes are successfully modified, "temporary"
signs such as paper flyers must be removed within 90 days of the text change adopted.
Planner Crane indicated Part 10 zoning code is not explicit in regulating posted materials inside a
widow as a sign. The Zoning Division has long interpreted that displays inside a window is not a
sign; however, the UDO regulates both location and size. The UDO sign regulations are only
currently applied to properties with UDO zoning which encumbrances much of the non
residentially zoned areas of the city.
Planner Crane explained the staff analyzed 6 different areas throughout the City to gage the
amount of non conformity that would be caused if this text change were approved. The area
surveyed included downtown on Fayetteville and Hargett Streets, Glenwood Avenue outside the
beltline to Pleasant Valley, New Bern Avenue, Falls of Neuse north of Spring Forrest, Capital
Boulevard and Western Boulevard. He explained for the purpose of this analysis, staff identified
February 4, 2014
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property with window signage and explained that was measured in square feet and that measure
was applied against the overall allowance for wall signs. Staff determined if the property
exceeded the allowance for wall signs which is two square feet of signage for each one lineal
foot of wall. He provided a synopsis of the data. He talked about the five year amortization
period included in the proposed text change.
Mr. Crowder had questions about posters, and third party signage that can be seen from outside,
etc. Mr. Crane said their analysis included signs in windows. Whether glass etchings were
included and whether the size of the business was taken into consideration was discussed.
Planner Crane pointed out following the hearing the Council would refer the item to Planning
Commission for a study.
The Mayor opened the hearing.
Police Officer Council talked about CEPT. He explained this relates to the visual aspects or
community policing aspect of being able to see inside a business from the outside being good
and talked about the desirability of natural surveillance. He pointed out when one can see people
walking back and forth or see outside from inside and vice -versa it helps.
The President of the Cameron Park Neighborhood Association spoke in support of the text
change. He stated it is good that the ordinance includes inside and outside as they feel signs
should be treated the same way whether inside the glass or outside. He stated his group feels the
staffs interpretation of the present ordinance is wrong and the text change gives clarity that is
needed. He stated we need to address the concern Mr. Odom has brought forth and talked about
problems in their area where they are surrounded by retail and LED and illuminated lights keep
popping up. He feels we need to have a way to regulate brightness, size relative to overall size
of the business and hours of operation. No one else asked to be heard, thus the hearing was
closed and the matter referred to the Planning Commission.
REQUEST AND PETITIONS OF CITIZENS
SUSTAINABILITY — WITHDRAWN
Rocco Piserchia had requested permission to discuss the Office of Sustainability and Planning.
Mr. Piserchia was not at the meeting; therefore the item was withdrawn.
SUSTAINABILITY AND GENETICALLY MODIFIED ORGANISMS — WITHDRAWN
Marcus Hill had requested permission to talk with the City Council concerning the Office of
Sustainability and investigation on the impact of genetically modified organisms on human
health and ecosystems. Mr. Hill was not at the meeting therefore the item was removed with no
action taken.
February 4, 2014
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FOOD TRUCKS — CONCERNS ABOUT DISTANCE REQUIREMENTS — REFERRED
TO ADMINISTRATION
Freddy Garcia, Mar -ySol Restaurant and others were at the meeting to request the City Council
to increase the required distance between a restaurant and a mobile food truck. They pointed out
they feel it is unfair for a mobile food truck which serves the same items that a stick built
restaurant serves and the food truck can sit right outside and sell the same products. They have
to pay taxes, etc. for their buildings, privilege license, etc., and the food trucks do not have to pay
the same amounts. Mr. Crowder questioned if they have any estimate on the negative impact the
food trucks cause. It was pointed out the gentlemen operate food trucks along New Bern
Avenue. The distance between the location of the food trucks and their restaurants and whether
they are complying with all the rules and regulations were talked about.
Ms. Baldwin indicated she would like for Administration to review the locations and the trucks
to make sure that they are conforming, have the proper permits, paying the proper tax, etc. She
stated this is the first complaint the Council has received from stick built restaurants and we need
to make sure every one is operating in compliance. Mr. Odom asked about the tax they pay and
if the food trucks have to pay or are paying the same taxes that the stick built restaurants are
paying.
Mr. Crowder indicated he understands how distance could be an issue, you have a food truck and
they are selling the same thing at the same price it could take business away. He stated may be
we should look at not having different requirements for food trucks locating in front of
restaurants that sell like products. People who have store fronts pay rent on the building, etc.,
have a lot of expense. After brief discussion, Mr. Gaylord suggested that the item be referred to
staff to get an analysis of the impact on locations, etc.
MATTERS SCHEDULED FOR PUBLIC HEARING
ANNEXATION — 119 SUNNYBROOK ROAD AND 430 NORTH ROGERS LANE —
HEARING — ORDINANCES AND RESOLUTION ADOPTED
A hearing to consider the following petitioned annexations. If following the hearing, the Council
wishes to proceed, it would be appropriate to adopt ordinances annexing the properties effective
February 4, 2014 and adopt a resolution placing the properties in the appropriate electoral
districts
LOCATION COUNCIL DISTRICT
119 Sunnybrook Road C
430 N. Rogers Lane /Learning Center C
The Mayor opened the hearing, no one asked to be heard. Mr. Weeks pointed out the 119
Sunnybrook Road is the location he referred to during his report in the afternoon session pointing
out the property is owned by Mr. E. B. Palmer. No one else asked to be heard thus the hearing
was closed. Mr. Weeks moved adoption of ordinances and resolutions annexing the properties as
February 4, 2014
Page 30
outlined. His motion was seconded by Mr. 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 Ordinances
265 and 266 and Resolution 874.
GREENWAY EASEMENT — VILLAGES AT LAKE BOONE — EXCHANGE —
HEARING — RESOLUTION ADOPTED
This was a hearing to consider an exchange of greenway easements related to the Village at Lake
Boone residential infill development. Grubb Ventures has offered a 0.83 -acre greenway
easement to support the existing House Creek Greenway in exchange for the City vacating a 0.7-
acre easement that no longer benefits the House Creek Greenway. Staff is in favor of the
exchange.
The Mayor opened the hearing, no one asked to be heard, thus the hearing was closed. Mr.
Crowder moved adoption of a resolution authorizing the exchange as outlined. His 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. See Resolution 875.
REZONING Z -27 -13 — BLAND ROAD — HEARING — APPROVED — ORDINANCE
ADOPTED
This was a hearing to consider rezoning application Z -27 -13 — Bland Road, north side, between
its intersections with Wake Forest Road and Trently Court. This application covers
approximately 0.796 acres of property to be rezoned from R -6 to OX -3 -CU, with conditions
dated November 21, 2013. The property owners are Claude David Brown and Barbara Burns.
The Planning Commission recommends approval on a 10 -0 vote.
The Mayor opened the hearing.
Planner Travis Crane explained the request, location, existing development, existing uses,
adjacent uses, presented photos of the area and surrounding areas, gave an analysis of the
existing versus proposed zoning, and pointed out the future land use map indicates that this area
is appropriate for moderate residential and office. He indicated the staff found that the rezoning
is inconsistent with the future land use map. The Planning Commission reviewed the area and
the inconsistencies and recommended the Comprehensive Plan amendment and recommended
approval of the case.
The applicant spoke in support of the case, talked about the surrounding uses and how long he
has been working on this rezoning. No one else asked to be heard.
Mr. Crowder moved approval of the rezoning application. His motion was seconded by Mr.
Odom.
Discussion took place on the procedure since the comp plan amendment has not gone to public
hearing yet, whether the Council should had the item and vote on them together. Mr. Stephenson
February 4, 2014
Page 31
expressed concern about the procedure with other Council members indicating they understand
what he is saying. The rezoning procedure under the UDO, whether there is a time difference to
change conditions was discussed. The applicant stated he would be happy with an approval
either now or later. The motion to approve the rezoning was put to a vote which resulted in all
members voting in the affirmative. The Mayor ruled the motion adopted on an 8 -0 vote. See
Ordinance 267 ZC 696.
ADJOURNMENT
There being no further business, Mayor McFarlane announced the meeting adjourned at 7:40
p.m.
Gail G. Smith
City Clerk
jt /CCO2 -04 -14