January 6, 2015

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COUNCIL MINUTES

The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, January 6, 2015 in the City Council Chamber, Room 201 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 Kay C. Crowder

Councilor Bonner Gaylord

Councilor Wayne K. Maiorano

Councilor Russ Stephenson

Councilor Eugene Weeks

Mayor McFarlane called the meeting to order. Invocation was rendered by Father Paul Christy of Holy Trinity Creek Orthodox Church. The Pledge of Allegiance was led by Councilor Kay Crowder.

The following items were discussed with action taken as shown.

RECOGNITION OF SPECIAL AWARDS

CERTIFICATE OF APPOINTMENT – PRESENTATION MADE

Mayor McFarlane presented a certificate to Priscilla J. Peace who was recently appointed to the Housing Appeals Board. Ms. Peace expressed appreciation for her appointment explaining she looks forward to working with the City in this capacity.

ARTS PROGRAM – 12TH ANNUAL NATIONAL EXHIBIT AND COMPETITION – WINNERS ANNOUNCED

The 12th Annual National Arts Program exhibition, at the Block Gallery features 110 works of art by City of Raleigh and WakeCounty employees and their families. The National Arts Program is designed to give all artists, at every skill level, an opportunity to exhibit their artwork in a professional manner. The exhibition is sponsored by the United Arts Council of Raleigh and WakeCounty and the City of Raleigh Arts Commission, in collaboration with The National Arts Program Foundation of Malvern, Pennsylvania.

Judges for this year’s exhibition were Linda Dallas, Commissioner with the City of Raleigh Arts Commission; City Manager Ruffin Hall; and County Manager Jim Hartmann.Today, we will be announcing our City of Raleigh winners, and giving out cash prizes paid for by the National Arts Program. Would the following individuals please come up to be recognized and accept your awards?

In the Amateur Category-

1st place Amateur - Jessica Savage, Relative of a City Employee with Public Affairs

2nd place – Richard Bailey, City Employee with Parks, Recreation and Cultural Resources

3rd place- Deborah Mangrum, City Employee with Public Works

Honorable Mention- Kelly Ann Kinney, City Employee with the Police Department

In the Intermediate Category-

1st place Intermediate- Shannon O’Shea, relative of City employee in Public Utilities

2nd Place- David Burke, relative of City employee in Human Resources

In the Professional Category-

2nd place- Janie Johnson, City employee with Parks Recreation and Cultural Resources

3rd place- Autumn Cobeland, City employee with Parks Recreation and Cultural Resources

Honorable Mention- Kendal Draper, City employee with Parks Recreation and Cultural Resources

In the Youth Category-

2nd- Justin Silluzio (12 years old), relative of City employee in Police Department

3rdPlace – Alan Burton (8 years old) relative of City employee with Parks Recreation and Cultural Resources

Honorable Mention- Dillon Leacock (11 years old), relative of City employee with Housing and Neighborhoods

In the Teen Category-

1st Tyler Mae Stempien (15 years old) relative of City employee in Public Utilities

2nd Haley McCay (16 years old) relative of City employee in Public Affairs

3rd Danielle Walden (14 years old) relative of City employee in Public Utilities

Honorable Mention- Jamie Turner, relative of City employee in the City Manager’s office

People’s Choice Award- Wilma Mitchell-Bethea, relative of City Employee in the Human Resources Department

Best in Show Award- Arianna Paine, Snow Leopard, Teen – Relative of a City Employee

AGENCY GRANTEE PRESENTATION – THE HEALING PLACE – RECEIVED

Barrett Joyner and Dennis Parnell, CEO of The Healing Place of WakeCounty, were present to talk about the work of The Healing Place. They presented a report highlighting Wake County population growth and homelessness for the period 2001 through 2013 pointing out Raleigh is in a growth mode and to keep up with downtown economic development and cost effectively provide solutions for the chronically homeless, The Healing Place plans to expand. They presented information which explained each night they provide shelter and long-term recovery program for some 180 homeless men and 80 homeless women who are addicted to alcohol and/or other drugs. The number has increased 14% since 2011. The information talked about the cost and effectiveness of the programs which are public/private partnership which saves funds on emergency services, law enforcement, health and welfare. They expressed appreciation for the City of Raleigh’s support to their program.

CONSENT AGENDA

CONSENT AGENDA – APPROVED AS AMENDED

Mayor McFarlane presented the consent agenda indicating all items are considered to be routine and may be enacted by one motion. If a Councilor requests discussion on an item, the item will be removed from the consent agenda and considered separately. She explained the vote on the consent agenda will be a roll call vote. Mayor McFarlane stated she had received the following requests to withdraw items from the consent agenda: Hillsborough Street Revitalization Project Phase Two; Beaverwood Drive Drainage Petition; 2014 Parks Bond Referendum (Maiorano); Market Plaza and Exchange Plaza Improvements (Gaylord/Weeks); Floodplain Map Change – Mitchell Mill Road Widening (Stephenson). Mayor McFarlane stated Item 3.5 which is a utility extension agreement between the City of Raleigh and Tryon WF, LLC, item is missing the recommended public hearing date. She asked that the current agenda be amended to show that the recommended public hearing date is February 3, 2015. Without objection the consent agenda was amended as suggested. Mr. Weeks moved approval of the consent agenda as amended. His 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. The items on the consent agenda were as follows.

UTILITY RATES – TOWNHOMES WITH INTEGRAL SPRINKLER SYSTEMS – ORDINANCE ADOPTED

During a period from 2005 to 2007, certain townhome developments in Raleigh designed the plumbing for townhomes with integral sprinkler systems such that the fire sprinkler systems are supplied water through the domestic meter instead of a direct, unmetered connection as is the current standard. The meter size necessary to supply fire flow is larger than is needed for domestic use. As a result, approximately 150 customers are being billed significantly higher Administration and Infrastructure Replacement Charges than other townhome residents with the same usage patterns; this discrepancy is due to the basis for these charges being associated with meter size.

To resolve this unintended consequence, staff proposes to establish a new rate for townhomes with 1½” or 2” meters that were required by the North Carolina Residential Code to have fire sprinkler systems and that were plumbed such that the sprinkler systems are supplied water through the domestic meter service. The proposed new rate would charge this type of customer the same Water and Sewer Administrative Charge and Sewer Infrastructure Replacement Charge as a typical 5/8” metered residential customer, but would charge the Water Infrastructure Replacement Charge (IRC) based on the actual meter size (1½”or 2”). The intent of the higher Water IRC is to help recover the higher maintenance and replacement costs for the larger meter.

Recommendation: Approve the new rate structure. Upheld on Consent Agenda Weeks/Odom – 8 ayes. See Ordinance 378.

RALEIGH HOUSING AUTHORITY- CERTIFICATION OF CONSISTENCY – EXECUTION AUTHORIZED

The Consolidated Plan incorporates efforts by the Raleigh Housing Authority (RHA) to establish long range goals to provide affordable housing to very low-income residents. Included in the plan was a description of RHA goals for capital improvements and policies that support the needs of residents. The RHA has approved the agency plan.

Staff has reviewed the request for certification and determined that it is consistent with the Five-Year Consolidated Plan. Included with the agenda packet is additional information regarding the RHA Agency Plan.

Recommendation: Authorize execution of the Certification of Consistency. Upheld on Consent Agenda Weeks/Odom – 8 ayes.

NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM – MINOR PROJECTS – PUBLIC HEARINGS SCHEDULED FOR FEBRUARY 3, 2015

Neighborhood Traffic Management Program (NTMP) minor projects focus on the installation of speed humps on existing residential streets for the purpose of controlling vehicular speeds. It is recommended that a design review with public input be held for the five projects authorized with FY2013-14 funding. Projects on the list were approved by City Council in November 2013.

Each street has gone through the following process outlined in the NTMP policy: an introductory meeting to explain the program; submittal of a petition of support signed by at least 75% of the properties listed; a public workshop, preliminary design review and comment period; and a second public workshop to adopt final changes.

Listed below are the streets proposed for traffic calming treatment:

  • Johnsdale Road (Litchford Road to Litchford Road)
  • Northbrook Drive - Middle (Pamlico Drive to Six Forks Road)
  • Dandridge Drive (Cross Link Road to Bunche Drive)
  • Alleghany Drive (Alamance Drive to Transylvania Avenue)
  • Clarks Fork Drive - East (Haines Creek Lane to Myakka Court)

Recommendation: Schedulepublic hearings for February 3, 2015. Upheld on Consent Agenda Weeks/Odom – 8 ayes.

NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM – MAJOR PROJECTS – PUBLIC HEARING SCHEDULED FOR MARCH 3, 2015

Staff has completed draft designs for three neighborhood streetscape/traffic calming projects under the Neighborhood Traffic Management Program (NTMP). NTMP major projects involve the installation of medians, curb extensions and other pedestrian-oriented infrastructure designed to address traffic calming issues.

It is recommended that a design review with public input be scheduled for these projects, all of which were included in the project priority list previously adopted by the City Council for the program. Each project has met the requirements of the NTMP policy, which includes a completed petition of support signed by at least 75% of the properties along the street and two public workshops. The proposed neighborhood streetscape projects under consideration are:

  • Cross Link Road - South, from Garner Road to Dandridge Drive,
  • Currituck Drive, from Lassiter Mill Road to Tyrrell Road, and
  • Town and Country Road, from Millbrook Road to Lead Mine Road.

Recommendation: Schedule public hearings for March 3, 2015. Upheld on Consent Agenda Weeks/Odom – 8 ayes.

UTILITY EXTENSION AGREEMENT – TRYON WF, LLC – PUBLIC HEARING AUTHORIZED FOR FEBRUARY 3, 2015

Tryson WF, LLC has obtained approval from the Town of Wake Forest for development of 131.5 acres for 415 single-family and townhome lots. Connection to the public water and sewer systems are required for the development. A public hearing is required in order to proceed with an agreement to extend utilities, in accordance with provisions outlined in Resolution (203)- 837. Additional background information was included with the agenda packet.

Recommendation: Authorize the City Clerk to schedule and advertise a public hearing for February 3, 2015 for consideration of a Utility Extension Agreement. Upheld on Consent Agenda Weeks/Odom – 8 ayes.

HAZARD MITIGATION GRANTS – DESIGNATED AGENTS – APPROVED

The City periodically applies for Federal Emergency Management Agency (FEMA) Grants to assist with acquisition of repetitive flood loss properties within the City jurisdiction. During the grant process, FEMA requires designation of an agent at the staff level that is authorized to file applications, execute assurances, and coordinate the submission of regular cost reports for active grants. The grant application(s) are for funding the acquisition of repetitive loss properties.

Recommendation: Authorize the designation of the Stormwater Program Manager and the Floodplain Administrator as staff level agents to act on behalf of the City. Upheld on Consent Agenda Weeks/Odom – 8 ayes. See Resolution 50.

EASEMENT EXCHANGE – 9225 GLENWOOD AVENUE – FRED ANDERSON NISSAN – RESOLUTION OF INTENT ADOPTED

A request has been received to exchange an existing 30-foot-wide Sycamore Creek sanitary sewer pump station access easement of approximately 486 linear feet (approximately 15,537 square feet) valued at approximately $44,750. The new 30-foot-wide Sycamore Creek sanitary sewer pump station access easement is approximately 747linear feet (approximately 22,462 square feet) valued at approximately $64,700 and located at 9225 Glenwood Avenue in Raleigh. The sanitary sewer pump station access easement exchange will allow better development of the property and the realignment has been reviewed by staff. Since the proposed sanitary sewer pump station access easement and 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 easement exchange and direct the City Clerk to advertise. Upheld on Consent Agenda Weeks/Odom – 8 ayes. See Resolution 44.

TRIANGLE HOUSEHOLD TRAVEL SURVEY – INSTITUTE OF TRANSPORTATION RESEARCH AND EDUCATION – MANAGER AUTHORIZED TO EXECUTE

The Capital Area Metropolitan Planning Organization (CAMPO) is partnering with NCDOT, Triangle Transit, and the City of Durham to undertake a Triangle Household Travel Survey. Survey data will be used to support the improvement of regional travel demand forecasting models. Data collection will take place over two fiscal years and will be conducted by the Institute of Transportation Research and Education (ITRE) at North CarolinaStateUniversity. The CAMPO share of the cost is $175,249, which has been appropriated in the budget as part of the approved Unified Planning Work Program.

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

LYNN ROAD ELEMENTARY SCHOOL/WILLIAMS PARK – JOINT USE AGREEMENT WITH WAKE COUNTY PUBLIC SCHOOL SYSTEM – AMENDMENT AUTHORIZED

A joint-use agreement exists for use of space at Williams Park and LynnRoadElementary School. This is a 25-year agreement that permits the school system to use designated areas of Williams Park during the school day, with designated areas of Lynn Road Elementary available to the public outside of normal school hours. The City no longer requires access to certain leased areas addressed under the agreement. An amendment to existing provisions of the use agreement is warranted.

Recommendation: Authorize the City Manager to execute the amendment to the joint use agreement. Upheld on Consent Agenda Weeks/Odom – 8 ayes.

DEMOLITION/ASBESTOS ABATEMENT – MILNER INN AND APPURTENANT STRUCTURES – CONTRACT WITH JANEZIC BUILDING GROUP, LLC – APPROVED

This contract will provide for asbestos abatement services, structure demolition and removal of the parking lot and access bridge that is located on the property.

Name of Project:FEMA grant HMGP-PJ-NC-1969-0008

Managing Division:Public Works - Stormwater

Request Reason:Execute Contract

Cause of Contract:FEMA Grant-demolition of repetitive loss structures located in the FEMA designated floodplain

Original CIP Project Budget:$180,876

Design Estimate:N/A

Vendor:Janezic Building Group, LLC

Prior Contract Activity:N/A

Budget Transfer:N/A

New Project Budget:$180,876

Currently Encumbered (% of estimate):0%

Amount of this Contract:$180,876

Encumbered with this Approval:$180,876

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

E.M. JOHNSON WATER TREATMENT PLANT – CONTRACT WITH HAZEN AND SAWYER, PC – AUTHORIZED

The purpose of this contract is to provide additional professional engineering services during the construction phase which will include construction office administration and field observation and inspection services as required. The project is funded by the Federal Drinking Water State Revolving Fund (DWSRF) Loan Program.

Explanation of Contract Purpose:Contract execution

Name of Project:E. M. Johnson Water Treatment Plant Sodium Permanganate Facility

Managing Division:Public Utilities – CIP

Approval request:Professional Services Contract

Reason for Council review:Professional Services Contract >$150,000

Original CIP Budget:$4.1 million (Total Project Budget)

Design Contract Amount:$431,400

Vendor:Hazen and Sawyer, PC

Prior contract activity:None

Previously encumbered:None

Encumbered with this approval:$431,400

Budget Transfer Required:Administrative

Recommendation: Authorize the City Managerto execute the contract. Upheld on Consent Agenda Weeks/Odom – 8 ayes.

SUPERVISORY CONTROL AND DATA ACQUISITION – CONTRACT WITH CITI, LLC – AUTHORIZED

A three year contract in the amount of $725,940 has been negotiated with CITI, LLC to provide SCADA system installation, programming, troubleshooting, and maintenance service for E.M Johnson Water Treatment Plant, Remote Pumping and Storage Facilities, and the D.E Benton Water Treatment Plant. Terms of the contract include the option to extend for two additional years based on vendor performance.

Explanation of Contract Purpose:Execute multi-year contract.

Name of Project:SCADA Professional Services Contract

Managing Division:Public Utilities – Water Treatment Plant division

Approval request:Contract Award

Reason for Council review:Contract >$150,000

Fiscal Year 15 Budget:$255,000

Annual Contract Amount:$241,980

Encumbered with this approval:$241,980

Vendor:CITI, LLC

Prior contract activity:N/A

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

EPLUS GROUP, INC. – LEASE SCHEDULES 154 AND 155 – MANAGER AUTHORIZED TO EXECUTE

The City utilizes a leasing company to provide technology equipment including desktop computers, laptops, projectors, and network equipment such as switches, routers, and servers. The Master Lease Agreement provides for new equipment to be leased via a series of quarterly lease schedules. Lease Schedule 154 in the amount of $539,358 is for a five-year term and Lease Schedule 155 in the amount of $624,348 is for a four-year term. The contract amounts individually exceed administrative approval thresholds.