July 15, 2014
Page 1
COUNCIL MINUTES
The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, July 15, 2014 in the City Council Chamber of the RaleighMunicipalBuilding, 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 Shannon Scott, Mount VernonBaptistChurch. The Pledge of Allegiance was lead by Councilor Weeks.
The following items were discussed with action taken as shown.
RECOGNITION OF SPECIAL AWARDS
CERTIFICATE OF APPOINTMENT – PRESENTATION MADE
Later in the meeting, Mayor McFarlane presented a Certificate of Appointment to Adrienne Cole, who was recently appointed to the Raleigh/Durham Airport Authority. Ms. Cole accepted the Certificate pointing out she was honored and proud and looks forward to serving on the Authority.
AGENCY GRANTEE PRESENTATION
AGENCY GRANTEE PRESENTATION – PREVENT BLINDNESS NORTH CAROLINA – RECEIVED
Marcia Brantley, Program Director of Prevent Blindness North Carolina,talked about how they utilize the funding from the City of Raleigh to help save sight and prevent blindness for adults and children across the state. She pointed out they are one of the only organizations which does this type work which includes screening programs, training, helping connect with needed resources, etc. She pointed out they conducted 228 adult home bound screenings and 82 were referred for further analysis. She talked about their work to link the people with the resources that are available; talked about vision being something we all take for granted, encouraged all to keep their vision screening and checking current. She talked about the number of adults who have glaucoma, the amount money spent, the diseases they look for, and pointed out they served over 550,000 people across the state and helped linked them with needed resources. She talked about their service to low income areas and organizations such as The Healing Place, senior centers, etc., where they go to try to reach those who do not have other alternatives available. She expressed appreciation for the money given to the organization pointing out they try to put it to good use.
CONSENT AGENDA
CONSENT AGENDA – APPROVED AS AMENDED
Mayor McFarlane presented the Consent Agenda indicating all items are considered to be routine and may be enacted by one motion. If a Councilor requests discussion on an item, the item will be removed from the Consent Agenda and considered separately. She explained the vote on the Consent Agenda will be a roll call vote. Mayor McFarlane stated Mr. Crowder had withdrawn the Contract Oversight Policy. Mr. Crowder moved approval of the Consent Agenda as amended. 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. The items on the Consent were as follows.
BICYCLES – DONATION FROM RAY PRICE HARLEY DAVIDSON – ACCEPTED
Ray Price Harley Davidson receives blemished bicycles from local retailers on a regular basis. Ray Price employees volunteer their time to repair and refurbish the bicycles for donation to local agencies. Through an ongoing relationship with the Raleigh Police Department, Ray Price Harley Davidson would like to donate 16 bicycles for use with both the Adventure and Outdoor Recreation programs.
Recommendation: Accept the donation of equipment. Upheld on Consent Agenda Crowder/Baldwin – 8 ayes.
ANNEXATION PETITION – 2016 TRAWICK ROAD – WAIVER - AUTHORIZED
At the May 20, 2014 meeting, Council authorized a water service agreement to connect property at 2016 Trawick Road to the water system. The property is within the limits of an approved Corrective Action Plan for the former Perry Property/Variety Pickup site at 2300 Trawick Road, and within the service area in the Raleigh Extra Territorial Jurisdiction (ETJ). City water service is available from the existing 16-inch water main along the frontage of the property. Sewer service is not currently available to the property. Current policy requires the submission of an annexation petition prior to authorizing connection to the utility system. Staff recommends waiving the annexation petition requirement in this instance as the petition would be deferred due to the lack of sewer service.
Recommendation: Authorize waiver of the petition annexation requirement. Upheld on Consent Agenda Crowder/Baldwin – 8 ayes.
WATER MAIN EXTENSION –BOURNEMOUTH DRIVE – APPROVED
A request has been received from Jonathan Rogers, property owner at 8401 Bournemouth Drive in Raleigh, to extend approximately 260 linear feet of 8-inch water main in Bournemouth Drive from Strickland Road across the entire frontage of the property. This extension is outside the City limits, but inside the City’s utility service area, and will be constructed to City standards with the property owner bearing all the cost.
Recommendation: Authorize the extension of the water main in accordance with City standards. Upheld on Consent Agenda Crowder/Baldwin – 8 ayes.
ANNEXATION PETITION – 8500 AND 8520 STRICKLAND ROAD – DEFERRED
The agenda presented the following annexation petition.
Area Reference / Petitioner(s) / Acres / Proposed Use8500 and 8520 Strickland Road / Judy Roberts/Byrd Properties and Edd K. Roberts / 3.32 / Residential
Recommendation: Because the properties located at 8500 and8520 Strickland Road are connecting to City water only and the other utility is not available at this time, it is recommended that the annexation of this property be deferred. Upheld on Consent Agenda Crowder/Baldwin – 8 ayes.
ROAD RACES – VARIOUS – APPROVED CONDITIONALLY
The agenda presented the following request for road races.
Vicinity of SandersonHigh School, Dixon Drive, North Hills Drive, and Shelley LakeGreenway
Mr. Bruce Bokish, representing the annual Gail Parkins Memorial Ovarian Awareness 5K, requests permission to hold a fundraising race on Saturday, September 13, 2014 from 9:30 a.m. until 1:00 p.m.
400 Block of Hillsborough Street, Vicinity of Harrington Street, Edenton Street and Morgan Street, Hillsborough Street, Salisbury Street, Wilmington Street
Mr. Bruce Bokish, representing the 9th Annual Magnificent Mile Road Race, requests permission to hold a race benefitting the Spastic Paraplegic Foundation on Sunday, September 14, 2014 from 2:00 p.m. until 3:30 p.m.
He is also requesting no parking signs be posted from 10:00 a.m. until 5:00 p.m. along portions of Harrington Street and the 400 block of Hillsborough Street.
Vicinity of the North Carolina Highway Patrol Training Facility, 3318 Garner Road and vicinity of Tryon Road
Mr. Thomas Caves, representing the 7th Annual Patrol Stroll, requests permission to hold a race benefitting Mothers Against Drunk Driving on Saturday, September 27, 2014 from 9:00 a.m. until 10:30 a.m.
Recommendation: Approve subject to conditions noted on the reports in the agenda packet. Upheld on Consent Agenda Crowder/Baldwin – 8 ayes.
STREET CLOSINGS – VARIOUS DATES AND EVENTS – APPROVED CONDITIONALLY
The agenda presented the following temporary requests for the following temporary street closings.
400 Block of Fayetteville Street from the Marriott Circle to Davie Street
Ms. Lauren DeAlto, representing the Sheraton Raleigh Hotel, requests permission for a street closure on Sunday, July 20, 2014 from 10:00 a.m. until 11:00 a.m. for a wedding ceremony.
She is also requesting permission to allow amplified sound during the event.
00 Block of Hargett Street between Fayetteville Street and Wilmington Street
Mr. Greg Hatem, Ms. Casey Porn, and Ms. Kristen Vislocky, representing the Raleigh/Morning Times Bar, requests permission for a street closure on Sunday, July 20, 2014, Sunday, August 17, 2014 and Sunday, October 19, 2014 from 6:00 a.m. until 4:00 p.m. for a Children’s Carnival.
The actual event will take place on each day from 10:00 a.m. until 3:00 p.m.
They have requested 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.
00 Block of Davie Street between South Dawson Street and Commerce Street
Mr. Dylan Selinger, representing the Crank Arm Brewing and Triangle Spokes Group, requests permission for a street closure on Saturday, August 9, 2014 from 10:00 a.m. until Sunday, August 10, 2014 at 1:00 a.m. for an outdoor event.
The actual event will take place on Saturday, August 9, 2014 from 12:00 p.m. until 11:59 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.
Dupont Circle from Boylan Avenue to Cabarrus Street and the 300 block of Kinsey Street between Dupont Circle and Boylan Avenue
Mr. Frank Haignere, representing the Boylan Heights Association, requests permission for a street closure on Sunday, August 10, 2014 from 12:00 p.m. until 10:00 p.m. for an annual 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.
100 Block of East Cabarrus Street, between Wilmington Street and Blount Street
Mr. Pat Dickenson, representing the Lincoln Theater, requests permission for a street closure on Saturday, August 23, 2014 from 7:00 a.m. until Sunday, August 24, 2014 at 2:00 a.m. for an outdoor music entertainment event.
The actual event will take place on Saturday, August 23, 2014 from 5:00 p.m. until 11:00 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.
200 Block of East Martin Street between South Blount Street and South Person Street
Ms. Allison Barbee, representing the Healing Place, requests permission for a street closure on Saturday, September 6, 2014 from 8:30 a.m. until 5:00 p.m. for festivities and to hold a walk on sidewalks only.
The actual event will take place on 9:00 a.m. until 4:00 p.m.
The walk route will be the vicinity of Moore Square, East Hargett Street, Camden Street, and East Martin Street.
She is also requesting No Parking signs be posted along the west curb line of South Person Street, bordering the park, from 8:30 a.m. until 5:00 p.m.
She is also requesting permission to allow amplified sound during the event.
100, 200, 300, and 400 Blocks of Fayetteville Street
Ms. Sarah Powers, representing the Visual Art Exchange, in conjunction with SPARKcon, requests permission for a street closure on Thursday, September 11, 2014 at 6:00 p.m. until Sunday, September 14, 2014 at 11:59 p.m. for the SPARKcon event.
She is also requesting the 00 Blocks of East and West Hargett Street, Martin Street, and Davie Street be closed on Friday, September 12, 2014 at 6:00 p.m. until Sunday, September 14, 2014 at 11:59 p.m.
She is also requesting permission to allow amplified sound during the event.
Vicinity of Jaguar Park Drive
Mr. Brad Allen, representing the North Carolina Senior Games, requests permission to encumber parking spaces on Jaguar Drive on Thursday, September 25, 2014 and Friday, September 26, 2014 from 6:00 a.m. until 6:00 p.m. for the annual Senior Games.
500 Block of East Lane Street between East Street and Elm Street
Pastor Linda Ross, representing Remnant of Christ Fellowship Church, requests permission for a street closure on Saturday, October 25, 2014 from 11:00 a.m. until 4:00 p.m. for a neighborhood outreach festival.
Ashe Avenue, Dexter Place, and Flint Place
Mr. Brian Wilkerson, representing JF Wilkerson Contracting, Inc. requests a temporary street closure to allow the replacement of a water and sewer line on Ashe Avenue, Dexter Place, and Flint Place, beginning July 21, 2014 through October 31, 2014.
Coronado Drive
Mr. Brian Wilkerson, representing JF Wilkerson Contracting, Inc. requests a temporary street closure to allow the replacement of a water and sewer line on Coronado Drive, beginning July 16, 2014 to July 25, 2014.
Recommendation: Approve subject to conditions noted on the reports in the agenda packet. Upheld on Consent Agenda Crowder/Baldwin – 8 ayes.
ALLIANCE FOR COMMUNITY TREES – GRANT – EXECUTION APPROVED – BUDGET AMENDED
Notification was received from the Alliance for Community Trees (ACTrees) that,jointly with the CSX railroad, a 2014 CSX Restoration and iTire Analysis grant has been awarded to the City. The grant will be used to restore the riparian buffer in the JohnChavisMemorial Park. The riparian buffer has become overrun with invasive plant species. The recently approved John Chavis Memorial Park Master Plan includes a subsection addressing creek stewardship, which involves formalizing riparian zone edges with art, managed landscapes, and retaining walls.
The grant will provide funding for trees to plant along the riparian and staff training on the iTree software application. The tree planting will be a volunteer event held during National NeighborWoods Month in October.
Recommendation: Authorize execution of the grant documentation and the budget amendment of $7,000 as included in the agenda packet. Upheld on Consent Agenda Crowder/Baldwin – 8 ayes. See Ordinance 329 TF 234.
SANITARY SEWER EXCHANGE – THE TOWNS OF ESSEX – RESOLUTION OF INTENT ADOPTED
A request has been received from Pulte Homes, Incorporated to exchange an existing 20-foot wide sanitary sewer easement of approximately 169 linear feet (approximately 3,397 square feet) valued at approximately $7,900. The new 20-foot wide sanitary sewer easement is approximately 299 linear feet (approximately 5,997 square feet) valued at approximately $13,800 located at The Townes of Essex at Edwards Mill Road and Glen Eden Drive in Raleigh.
Since the new infrastructural alignment and proposed exchange renders the City whole in its ability to provide on-going sewer service, as is the case with the existing alignment, no monetary consideration is recommended by staff as a condition of the exchange.
Recommendation: Authorize the proposed easement exchange and direct the City Clerk to advertise. Upheld on Consent Agenda Crowder/Baldwin – 8 ayes. See Resolution 941.
NCDOT – PERMANENT DRAINAGE EASEMENT/CONSTRUCTION EASEMENTS – G.G. HILL WATER TREATMENT PLANT SITE – APPROVED
The North Carolina Department of Transportation (NCDOT) has requested a permanent drainage easement of approximately 213 square feet and two temporary construction easements totaling approximately 4,481 square feet from property owned by the City of Raleigh located at 1143 Wait Avenue in Wake Forest (also known as the G.G. Hill Water Treatment Plant site) for construction of the NCDOT Bridge Number 157 Replacement Project over Smith Creek on SR 1942, Oak Grove Church Road. Staff from Public Utilities is satisfied with plans submitted by the NCDOT. NCDOT has offered the sum of $2,825 as compensation for the needed real property interests. Staff has reviewed the offer and recommends acceptance of $2,825 as compensation due to the minimal area being impacted.
Recommendation: Authorize the conveyance of a permanent drainage easement approximately 213 square feet and two temporary construction easements totaling approximately 4,481 square feetto the State of North Carolina.Upheld on Consent Agenda Crowder/Baldwin – 8 ayes.
STORMWATER BROCKTON DRIVE – DECLARATION OF EASEMENT – APPROVED
A permanent easement is required to ensure future access to the BrocktonDriveLakeand Dam Projectfor future maintenance and repair purposes. To memorialize the necessary rights and interests of the City in the event of future conveyance of the property, the City Attorney has prepared a Declaration of Easement for recordation.
Approximately 49,911.904 sf of SDE area will be located on the City parcel at 4512 Brockton Drive, and 7,962.608 sf of SDE at 0 Brockton Drive
Recommendation: Adopt the Declaration of Easement. Upheld on consent agenda Crowder/Baldwin – 8 ayes.
MILLBROOKEXCHANGECOMMUNITY CENTER – DURANTNATUREPARK TRAINING LODGE – CONSTRUCTION CONTRACT – BID AWARDED TO DIAMOND CONTRACTING, INC.
MillbrookExchangeCommunity Center and the Durant Nature Park Training Lodge have been identified as priority improvement sites due to existing internal or external conditions identified in an Americans with Disabilities Act (ADA) Assessment Study by Davis Kane Architects. Staff recommends accepting three alternates as part of the construction contract. The low bidder is Diamond Contracting Inc., License Number 34909, with a bid of:
Base bid: $298,500
Alternate 1:5,000
Alternate 2:4,750
Alternate 3: 2,500
Total: $310,750
Construction Bid Award:
Name of Project:ADA Improvements to MillbrookExchangeCommunity Center and DurantNaturePark Training Lodge
Managing Division:Parks, Recreation and Cultural Resources – Design Development
Approval Requested:Approve the low bid, authorize the City Manager to execute a construction contract and transfer of funds.
Reason for Review:Contract award amount exceeds the administrative authority of the City Manager to execute a construction contract.
Original CIP Project Budget:$305,750
Design Budget Estimate:Not Applicable
Vendor:Diamond Contracting Inc.
Prior contract activity:None
Currently encumbered
(% of estimate):$0
Encumbered with this $310,750
Approval:
Anticipated Future
Amendments:Not Applicable
Construction Estimate:$300,000
Budget transfer required:Yes
Recommendation: Authorize the City Manager to execute a contract in an amount not to exceed $310,750. Upheld on Consent Agenda Crowder/Baldwin – 8 ayes.
PARKING DECKS – CONTRACT WITH SOUTHERN TIME – APPROVED – TRANSFER AUTHORIZED
This contract will be to upgrade and install a gate access software system in various City parking decks.
Name of Project:Gate Access Software System
Managing Division:Public Works – Parking
Request Reason:Negotiate and Execute Contract
Cause of Contract:Present software (XP platform) will not be supported after December 31, 2014 and must be upgraded to new Enterprise platform.
Original CIP Project Budget:$172,575
Design Estimate:N/A – RFP issued May 2014 and Southern Time was the only bidder out of six vendors requesting the RFP
Vendor:Southern Time
Prior Contract Activity:N/A
Budget Transfer:$172,575
New Project Budget:$172,575
Currently Encumbered
(% of estimate): 0%
Amount of this Contract: $172,575
Encumbered w/this Approval: $172,575
Recommendation: Authorize the City Manager to negotiate and execute the Contract with Southern Time and authorize the associated budget transfer as included in the agenda packet. Upheld on Consent Agenda Crowder/Baldwin – 8 ayes. See Ordinance 329 TF 234.