February 3, 2015

Page 1

COUNCIL MINUTES

The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, February 3, 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 Reverend Katherine Kussmaul, St. Giles Presbyterian Church. The Pledge of Allegiance was led by Councilor Stephenson.

The following items were discussed with action taken as shown.

RECOGNITION OF SPECIAL AWARDS

CERTIFICATE OF APPOINTMENT – PRESENTATION MADE

Mayor McFarlane explained the Certificate of Appointment process and presented a certificate to Christopher Ball who was recently appointed to the Substance Abuse Advisory Commission. In accepting the appointment certificate, Mr. Ball thanked the Council for his appointment and stated he looks forward to working with the group.

PUBLIC UTILITIES – BARRY THORNTON – RECOGNIZED

City Manager Hall pointed out Barry Thornton, Senior Plant Maintenance Mechanic with the Public Utilities Department was recently awarded the 2014 Safe Water Maintenance Technology of the Year “Excellence Award.” He explained the award is presented by the North Carolina American Water Works Association – Water Environment Federation. Mr. Thornton began his career with the City of Raleigh in 1989 in plant operations and was promoted to his current position of senior plant maintenance mechanic in 2000. He explained the certifications Mr. Thornton has received. City Manager Hall indicated Mr. Thornton has been instrumental in organizing the preventive maintenance schedules currently being used by the plant and remote sites maintenance staff and aided in the development of the new computerized maintenance management software. He spent a lot of time developing an organized library full of equipment operations and maintenance manuals, is a self starter and exemplifies the maintenance profession that the utility industry strives to cultivate.

Chris Belk, NCAWWA-WEA Board Chair talked about the work of that organization over the last 90 years and gave examples of Mr. Thornton’s work and talents which earned him the award. Mayor McFarlane expressed congratulations on behalf of he Council saying the city is lucky to have Mr. Thornton as an employee.

CENTENNIAL AUTHORITY – REPORT RECEIVED

Jeff Merritt, CEO of the Centennial Authority, recognized Centennial Authority members present which included city appointees Thomas A. McCormick, who is Chairman, Jessie Taliaferro, Rod Malone and Bill Mullins. Other members present included Kieran Shanahan, Lucius Jones, Perry Saffran, Jessie Taliaferro, Judy Grianger, Brent Buninger, Tony Withers, Philip Isley and Larry Perkings, who is with Gale Force.

Mr. Merritt talked about the attendance at various events in the PNC arena including the NCAA second and third rounds which will be coming back, which is the 4th time in 16 years which is a great accomplishment and boost for the arena. He talked about the economic impact of that event. He talked about the attendance at the various events and thanked all groups they have worked with. He went through the long-term improvements being proposed, explaining they are now in the master plan phase, and talked about what the arena needs to remain competitive. He had presented the City with $98,529 payment in lieu of taxes explaining over the years they have provided $12,279,061 to the City’s general fund and a total of $30,208,888 to the city and county general fund pointing out they are the only publicly owned facilities supported by the interlocal food and beverage tax in North Carolina to make a payment in lieu of. He talked about the upcoming events and expressed appreciation for the partnership with the City.

AGENCY GRANTEE PRESENTATION

AGENCY GRANTEE PRESENTATION – CONTEMPORARYART MUSEUM - RECEIVED

Gab Smith, Executive Director of the ContemporaryArt Museum in Raleigh, introduced Marjorie Hodges, Director of their Foundation. Ms. Smith stated they were before the Council today to say thank you for the extraordinary leadership and commitment to arts and culture in the City of Raleigh. The high quality of CAM exhibits drive their education programs and community partnerships and that is only possible because of the incredible support from the City of Raleigh, office of the Raleigh Arts, Arts Commission and the citizens of Raleigh. They expressed appreciation for funding and support to the Raleigh Arts Plan which will help ensure that there are more art opportunities available for all of the citizens. They stated they welcome visitors from across the City and the world and are very proud to offer free admission to students and members of the military, first responders, teachers and their families.

Ms. Hodges expressed appreciation to the Council for the investment and belief in the Warehouse District and talked about projects in that area and there partnerships and support of Union Station by hosting public workshops and looking forward to welcoming travelers to Raleigh as that project is realized. They talked about citizens experiencing CAM Raleigh outside their walls through arts in the workplace, partnerships with Red Hat, HQ, RTP, Parker Poe, and Lenovo, among others. She talked about the next exhibit, WONDERLAND, which is by Canadian artist Sarah Anne Johnson. She stated Canada is one of North Carolina’s biggest trade partners and they are excited to help promote economic development relationships between the two countries.

Ms. Smith talked about their GO Program which serves elementary and middle school students at the Brentwood Boys and Girls Club, the Alexander YMCA and at pilot sites including UnderwoodElementary School, Green Road Library, Loaves and Fishes, HopeCharterSchool and Leesville Library. They again expressed appreciation for the City’s support pointing out together we can strengthen the work of public schools and community organizations and as a result young people thrive in our community.

AGENDA – EVENING MEETING – COMMENTS RECEIVED

Mayor McFarlane indicated the evening agenda is being amended by reversing hearings on Z-16-14 and Z-31-14. The comments were received.

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 a request from Mr. Stephenson and Ms. Baldwin to withdraw the item relative to bus passenger shelter design services and a request from Mr. Gaylord to withdraw the license agreement for First Citizens’ Bank. Without objection the consent agenda was amended as requested. Ms. Baldwin moved approval of the consent agenda as amended. Her motion was seconded by Mr. Gaylord and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. The items on the consent agenda were as follows.

UTILITY EXTENSION AGREEMENT – 7520 PINECREST ROAD – PUBLIC HEARING AUTHORIZED FOR MARCH 3, 2015

An application has been submitted and preliminary subdivision approval has been issued for development of 21.5 acres property into 57 single-family lots at 7520 Pine crest Road. Connection to public water and sewer systems is required for the development. The property owners have been attempting to obtain an off-site sewer easement necessary for connection to the public sewer system since March 2013. The property owners are now requesting that the City enter into a Utility Extension Agreement. A public hearing is required in order to proceed with an agreement to extend utilities in accordance with the provisions outlined in Resolution 2013-837. Additional background information was included in the agenda packet.

Recommendation: Authorize the City Clerk to schedule and advertise a public hearing on March 3, 2015. Upheld on Consent Agenda Baldwin/Gaylord – 8 ayes.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION – DRIVING WHILE IMPAIRED SQUAD - GRANT APPLICATION AUTHORIZED

The application process for grant funding from the National Highway Traffic Safety Administration (NHTSA) for the third year of grant funding to maintain a Driving While Impaired (DWI) enforcement squad is underway. The DWI squad consists of four officers and one sergeant to detect and arrest impaired drivers. The grant is funded at 75 percent the third year and will pay a total of $419,016 for salaries, fringe benefits, equipment, promotional items, and travel costs for in-state and out-of-state training opportunities. The City match for the third year of this four-year grant is 25 percent, which amounts to $104,754. This grant was approved by the Grants Committee on January 15, 2015.

Recommendation: Approve submittal of the grant application. Upheld on Consent Agenda Baldwin/Gaylord – 8 ayes.

EASEMENT EXCHANGE – THE RESERVE AT BROOKHAVEN – RESOLUTION OF INTENT ADOPTED

A request has been received from CMS Engineering on behalf of Ponderosa Group, LLCto exchange an existing 20-foot-wide sanitary easement of approximately 411’linear feet (approximately 8,219 square feet) valued at approximately $9,500. The new 30-foot-wide sanitary easement is approximately 296 linear feet (approximately 8,922 square feet) valued at approximately $10,300 located at the proposed The Reserve at Brookhaven located at Battleford and Ponderosa Roads in Raleigh. The sanitary sewer easement exchange will allow better development of the property.

Staff has reviewed the proposed realignment. Since the proposed easement 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 exchange and request the City Clerk to advertise. Upheld on Consent Agenda Baldwin/Gaylord – 8 ayes. See Resolution 56.

STC-1-15 – BURTON AVENUE – RESOLUTION OF INTENT ADOPTED

The City is petitioning to close a right-of-way known as Burton Avenue, approximately 445’ in length, located north of Buck Jones Road and terminating at the northeastern boundary of the property located at 117 Oakdale Drive.

Recommendation: Adopt a resolution authorizing a public hearing to be held on Tuesday, March 3, 2015 to consider closure of the right-of-way. Upheld on Consent Agenda Baldwin/Gaylord – 8 ayes. See Resolution 57.

TRAFFIC – VARIOUS CHANGES – ORDINANCE ADOPTED

The agenda presented recommended changes in the traffic code relating to channelization of signalized intersections, no turn on red on Peace Street at Glenwood Avenue and Old Wake Forest Road at Millbrook Road.

The agenda outlined the exact locations involved and the reasons for the recommended changes.

Recommendation. Adopt and ordinance and authorize appropriate changes in the traffic code as included in the agenda package. Upheld on Consent Agenda Baldwin/Gaylord – 8 ayes. See Ordinance 391.

END OF CONSENT AGENDA

BUS PASSENGER SHELTER DESIGN SERVICES – CONTRACT AMENDMENT TWO – RAMEY KEMP AND ASSOCIATES – APPROVED; INFORMATION REQUESTED

In 2013 the City contracted for engineering and design services for up to 100 passenger amenity sites throughout the transit service area. The original contract scope included design services for 14 bus stop shelters and supporting ADA infrastructure; amendment number one increased the original contract from 14 to 20 sites. Amendment two will provide for design services associated with an additional 16 passenger amenity sites throughout the fixed-route transit system.

Amendments are utilized to expand the original contract when additional sites have been selected for improvement. The total number of sites eligible for design under the full contract term is 100; engineering and design services for an additional 64 sites remain eligible under the terms of the contract. The engineering and design firm provides the transit program an estimate of fees once sites have been selected and field visits have been completed; engineering and design fees are variable for each site due to variations in design complexity for each passenger amenity location. Funding is appropriated in the capital improvement program.

Name of Project:Passenger Amenities Engineering and Design

Managing Division:Public Works – Transit

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

Cause of Contract Amendment:Shelter/Bench site design

Original CIP Project Budget:N/A. Funding is allocated from annual federal technical apportionment grant

Vendor:Ramey Kemp and Associates

Prior Contract Activity:$101,781 (Original Agreement, 8/8/13)

$29,039(Amendment One, 12/20/13)

New Contract Amount:$231,639

Currently Encumbered:$6,961

Amount of this Contract Amendment:$100,819

Encumbered with this Approval:$107,780

Recommendation: Authorize the City Manager to execute the contract amendment.

Mayor McFarlane stated Ms. Baldwin and Mr. Stephenson withdrew this item from the Consent Agenda. Ms. Baldwin stated her concern is how long it has taken for these bus shelters to be constructed. Mr. Stephenson stated his concern is the fact that we are doing the study on our bus service and how do we know that our bus routes will not change and questioned placing the shelters until we know the routes.

Transit Administrator David Eatmon indicated the sites being proposed are on some of our highest ridership routes so no one feels those routes will be eliminated or changed. He stated this is our second contract. As far as concern about how long it has taken land acquisition in some cases takes a long time not all of the facilities are in the public right-of-way and pointed out we try to keep them in the right-of-way but some times they are not. Ms. Baldwin expressed concern about the slow process and she feels it would be good to take those that we have the right-of-way, etc. approve them first and proceed with the construction, get them on line and then see where we stand overall. Ms. Baldwin stated she would like to get some type report in the City Manager’s weekly report on the status of the process, where we are having to acquire right-of-way, time involved, etc.

Mr. Odom questioned relationship with State DOT and whether they holding up some of the locations. Mr. Eatman stated their division has a great working relationship with State DOT, they are providing encroachment permits as soon as possible or requests are made. Mr. Odom questioned how many of the locations are on private property and whether we are having a problem getting those locations. Mr. Eatman stated he would provide that information to Council.

Ms. Crowder questioned the process for locating bus shelters pointing out one very needed location is on Buck Jones Road but she does not see that on the list to be installed. Mr. Eatman explained there is a process for selecting sites and it includes criteria such as so many per day ridership, etc. He pointed out in addition if there are locations where we have people with special needs that is addressed and talked about ADA requirements, etc. He stated the benches and shelters do take time but the most expensive or time consuming is the installation of required curb cuts, curb build ups, etc. He stated if Council members or any member of the public has a location in which they feel a shelter or bench is needed to let him know and he can look at it on a case by case basis. Ms. Baldwin moved approval as outlined. Her motion was seconded by Mr. Odom and put to a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

FIRST CITIZENS BANK – LICENSE AGREEMENT – PUBLIC VIDEO ART – APPROVED

This is a license agreement to allow the City to project video art on a projection screen to be installed on the wall of the First Union Bank, 233 Fayetteville Street, in MarketPlaza. The UrbanDesignCenter is working with the Office of Raleigh Arts to integrate public video art into the re-design for the Market and ExchangePlazasproject on Fayetteville Street.

A license agreement is necessary for the use of the building wall; there is no budget impact associated with the license agreement.

Recommendation: Authorize the City Manager to execute the license agreement.

Mr. Gaylord pointed out he had withdrawn this from the Consent Agenda and questioned if this is considered a sign. City Attorney McCormick explained the item and how it would be administered. 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.

REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION

TC-1-15 - PUBLISHED NOTICE REQUIREMENTS – PUBLIC HEARING AUTHORIZED FOR MARCH 3, 2015

This is a request to alter the section 10.2.1 of the Unified Development Ordinance. This amendment would remove the requirements to list an address or PIN in the legal advertisement for rezoning request of 50 or more properties. The legal advertisement would still be required for all rezonings.