May 19, 2015
Page 1
COUNCIL MINUTES
The City Council of the City of Raleigh met in a regular session at 1:00 p.m. on Tuesday, May 19, 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 (via telephone/part of meeting)
Councilor Wayne K. Maiorano
Councilor Russ Stephenson
Councilor Eugene Weeks
Mayor McFarlane called the meeting to order. Invocation was rendered by Reverend Dr. Lola Fuller, ShalomChristianCommunityChurch. The Pledge of Allegiance was led by Councilor Crowder.
The following items were discussed with action taken as shown.
RECOGNITION OF SPECIAL AWARDS
CERTIFICATE OF APPOINTMENT – ANDRE JOHNSON – PRESENTED
Mayor McFarlane explained the Certificate of Appointment presentation and presented a Certificate to Andre Johnson who was recently appointed to the Appearance Commission.
PROCLAMATION – PUBLIC WORKS WEEK – PROCLAIMED
Mayor McFarlane read a proclamation proclaiming as Public Works Week in the City of Raleigh. The Proclamation was accepted by Richard Kelly who indicated he is pleased to have been able to serve as interim director of the Public Works Department. He talked about the various divisions and the work of the Public Works Department and expressed appreciation and respect for the other city departments they work so closely together with. He also expressed appreciation to the City Council, Administration and citizens of Raleigh and pointed out it is an honor and privilege for Public Works employees to do their part in making Raleigh such a great place.
AGENCY GRANTEE PRESENTATION – LEGAL AID OF NORTH CAROLINA – COMMENTS RECEIVED
Victor Boone, talked about the work and mission of Legal Aid of North Carolina. He expressed appreciation to the City Council for including their organization in the budget for $50,000 this past year and hopefully that would continue next year. He talked about the various groups and individuals they serve pointing out they help as many people as they can but are unable to help everyone who gets in touch with them. He talked about educational efforts, number of clients served, credit harassment, family law, consumer law and other services they provide.
Mayor McFarlane and Councilor Weeks expressed appreciation for the work that Legal Aid of North Carolina has been doing in the area for a number of years stating they have done and are doing an outstanding job.
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 statedthere are two items to be added to the consent agenda pointing out Council members received the information in their agenda packet: Hillsborough Street Municipal Service District and to Contract Amendment #1/Tetra Tech Engineering. Mayor McFarlane stated she had received a request from Mr. Weeks to withdraw the Janitorial Services proposal from the Consent Agenda. Without objection, it was agreed the two items would be added and the one item withdrawn. Ms. Baldwin moved approval of the consent agenda as amended. Her motion was seconded by Ms. Crowder and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on a 7-0 vote (Gaylord absent and excused). The items on the consent agenda were as follows.
HOUSING PROGRAM – PARTICIPATION BY CITY EMPLOYEES – NOTED IN MINUTES
Pursuant to the City Charter which reads in part “… Nor shall any such official or employee be prohibited from participating in any rental or home ownership program sponsored or operated by the city, so long as the official or employee meets all criteria for the program … The award of any such housing assistance to an employee shall be noted in the minutes of the City Council.”
The following City employee complies with all criteria for participation in the HomeownershipProgram administered by the Housing and Neighborhoods Department: Andres R. Morales.
Recommendation: Direct the City Clerk to record in the minutes. Upheld on Consent Agenda Baldwin/Crowder – 7 ayes (Gaylord absent and excused).
ANNEXATION PETITION – WEST LAKE COUNTRY TRAIL/PINEBROOKS HILLS – REFERRED TO CITY CLERK TO CHECK SUFFICIENCY AND SCHEDULE HEARINGS
The agenda presented the following petitions for annexation.
Contiguous PetitionsArea Name / Petitioner / Acres / Proposed Use
Westlake Country Trail / Peggy S. Adleberg / 7.06 / Residential
Pinebrooks Hills / George Ray and Jean S Cheely / 21.50 / Residential
Recommendation: Acknowledge the annexation petitions and direct the City Clerk to check the sufficiency pursuant to State statutes and,if found sufficient, authorize advertisement for public hearing on June 16, 2015. Upheld on Consent Agenda Baldwin/Crowder – 7 ayes (Gaylord absent and excused).
SEWER EASEMENT RELEASE – 3007 CAMBRIDGE ROAD – APPROVED
A request has been received from John Bryant and Hope Holding Bryant, to release any and all interest in approximately 1850 square feet of sanitary sewer easement related to an existing terra cotta sewer line that is within a claimed but not recorded sanitary sewer easement. The existing line is being replaced on another portion of the Bryant’s property located at 3007 Cambridge Road as part of the Eton Road Sanitary Sewer Improvement Project. Staff has no objection to allowing a quitclaim deed for the former claimed sanitary sewer easement. The City Attorney’s office will draft the appropriate agreement to release any of the City’s interest. A report was included with the agenda packet.
Recommendation: Approval of the request. Upheld on Consent Agenda Baldwin/Crowder – 7 ayes (Gaylord absent and excused).
TRANSPORTATION SERVICES – PARKS, RECREATION AND CULTURAL RESOURCES – CONTRACT AMENDMENT WITH ACADEMY TOURS, LLC - APPROVED
A contract was executed in August, 2012 with Academy Tours, LLC, previously Evergreen Trails, Inc. dba Horizon Coach Lines, to provide transportation services for participant field trips. Terms of the contract provide for up to three annual extensions. This is the final extension of the original contract and the dates of service are from July 1, 2015 through June 30, 2016 at a cost of $199,800.
Name of Project:Summer Camp and School Transportation
Managing Division: Parks, Recreation and Cultural Resources - Recreation
Request Reason: Execute Final Year of Contract Extension ($199,800)
Original Contract Total:$132,704
Vendor: Academy Tours, LLC
Prior Contract Activity:Original Contract approved August 15, 2012
Amendment Number One:Contract Extension ($163,020)
Amendment Number Two:Insufficient staff drivers required more contract drivers ($25,740)
Amendment Number Three:Contract Extension ($197,340)
Amendment Number Four:Insufficient staff drivers required more contract drivers ($38,896)
Budget Transfer:$0
Amount of this amendment:$199,800
Reason for this amendment:Final contract extension
Anticipated future amendments:None
Budget transfer required:None
Encumbered with this Approval:$199,800
Recommendation: Authorize the City Manager to execute the contract amendment in an amount not to exceed $199,800. Upheld on Consent Agenda Baldwin/Crowder – 7 ayes (Gaylord absent and excused).
ENCROACHMENT – 313 SOUTH WILMINGTON STREET – APPROVED CONDITIONALLY
A request has been received from EdisonLand, LLC to install street trees and grates, U shape bike racks, canopy, and a metal awning in the right of way. A report was included with the agenda packet.
Recommendation: Approve the encroachment subject to completion of a liability agreement and documentation of proof of insurance by the applicant. Upheld on Consent Agenda Baldwin/Crowder – 7 ayes (Gaylord absent and excused).
CONDEMNATION – SANDYFORKS ROAD – RESOLUTION ADOPTED
In September 2012 Council approved funding for engineering design of improvements to Sandy Forks Road. Construction funding was included in the 2013 Transportation Bond referendum. Sandy Forks Road is classified as a two-lane divided avenue in the Comprehensive Transportation Plan and carries an average of 9,000 to 13,000 vehicles per day.
The Sandy Forks Road Widening project will improve traffic capacity; alleviate congestion; improve pedestrian connectivity and safety; and provide a multi-modal solution between the residential and business districts at each end of the corridor. Public meetings were held December 5, 2013, April 10, 2014, and May 13, 2014 to present the project scope, impacts to property and to disseminate project information. The project was approved by City Council July 1, 2014. The contractor has prepared final project plans and is currently finalizing bid documents for advertising the project this summer. Efforts have been unsuccessful to obtain needed easements; therefore it is recommended that a resolution of condemnation be authorized for the following:
SandyForks Road Widening Project
Name:Sampson Bladen Oil, Company
Location:6601 Falls of Neuse Road
Recommendation: Adopt the resolution of condemnation. Upheld on Consent Agenda Baldwin/Crowder – 7 ayes (Gaylord absent and excused). See Resolution 105.
TRAFFIC CALMING – KAPLAN DRIVE – PW 2014-11 – BID AWARDED TO BROWE CONSTRUCTION COMPANY – TRANSFER AUTHORIZED
Kaplan Drive is a neighborhood traffic calming project to install traffic calming devices along Kaplan Drive from Melbourne Driveto Kent Road. The project was approved by City Council June 5, 2012 and during the design process significant sidewalk installations were included to improve pedestrian access and walkability in the vicinity of the project.
Bids were opened Thursday, March 19, 2015; three bids were received. Browe Construction submitted the low bid in the amount of $670,608. Browe Construction has indicated they are Small Disadvantaged Minority and Women Owned Business (SDMWOB) contractor. The bid summary, letter from the Office of Economic Development, and back-up information are included with the agenda packet.
The engineer’s estimate for the project was $538,212, resulting in a low bid that is 24.6% higher than estimated. Public Works staff met with the contractor to obtain suggestions for possible cost savings; the contractor suggested a change to a special drainage structure specified in the design by substituting a generic field fabricated steel structure. The cost savings provided by this change is $17,500, reducing the contract price to $653,108.
Due to the amount of sidewalk work included with the design an analysis of cost drivers was conducted. The sidewalks portion of the project adds $250,000 to the project cost. To cover the cost of the contract, reserve funds have been identified in the Zone C funding reserve for transportation design and construction. Kaplan Drive is located within the boundaries of Zone C. A transfer in the amount of $250,876 is necessary to complete the project; accounting detail was included with the agenda packet.
An alternate resolution to the bid amount exceeding the project budget would be for Council to reject all bids and direct staff to conduct a redesign of the project. One consideration would be the proximity of the project to an elementary school; timing of construction activity needs to occur during summer months when school is not in session.
Name of Project:Kaplan Drive Traffic Calming Project
Managing Division:Public Works-Design and Construction Division
Approval Request:Bid Award
Reason for Council Review:Formal Bid Award
Construction Bid Award:$653,108
Vendor:Browe Construction Company Inc.
Prior Contract Activity:N/A
Encumbered with this approval:$653,108
Recommendation: Award the bid to Browe Construction Company, Inc. in an amount of $653,108 and authorize the City Manager to execute a construction contract. Authorize a budget transfer in the amount of $250,876. Upheld on Consent Agenda Baldwin/Crowder – 7 ayes (Gaylord absent and excused). See Ordinance 437 TF 251.
TRAFFIC – SPEED LIMIT REDUCTION – FRANK STREET/UJAMAA DRIVE – ORDINANCE ADOPTED
It is recommended that the speed limit be reduced from 35 mph to 25 mph on Frank Street and Ujamaa Drive. Frank Street and Ujamaa Drive are both classified as Neighborhood Local and are constructed to typical residential street standards. This request meets the requirements of the adopted Neighborhood Traffic Management Program. A signed petition has been received by staff representing at least 75% of the residents or property owners along each street in support of the speed reduction request.
Recommendation: Approve as recommended and authorize the appropriate changes in the traffic code as included in the agenda packet. Upheld on Consent Agenda Baldwin/Crowder – 7 ayes (Gaylord absent and excused). See Ordinance 438.
HILLSBOROUGH STREET MUNICIPAL SERVICE DISTRICT – PUBLIC HEARING AUTHORIZED FOR JUNE 16, 2015
During the March 3, 2015 meeting the City Council considered the expansion request of the Hillsborough Street municipal service district. As presented the request included all ancillary lots and properties in the CameronVillage area and Morgan Street. Councilor Baldwin reported the Law and Public Safety Committee recommended the inclusion of lots in the CameronVillage area but not the lots on Morgan Street. Staff was encouraged to work on developing a report and updating the boundary map for Council consideration. A Public hearing is required prior to authorization of the updated boundary.
Recommendation: Authorize a public hearing on June 16, 2015 to receive public comment on the new boundary for the Hillsborough Street Municipal Service district. Upheld on Consent Agenda Baldwin/Weeks – 8 ayes.
TECTRA TECH ENGINEERING AMENDMENT #1 GREEN INFRASTRUCTURE AND LOW IMPACT DEVELOPMENT – AMENDMENT #1 – APPROVED – FUNDS TRANSFERRED
This contract provides consultant support and facilitation to the City for developing and implementing policies and procedures that support e City use of Green Infrastructure (GI) and Low Impact Development (LID). The main output of this contract to date has been the City’s GI/LID Work Plan (February 2015). A budget transfer in the amount of $368,000 is necessary to fund the project; accounting detail may be found below.
Name of Project:Low Impact Development
Managing Division:Public Works – Stormwater
Request reason:Amendment approval (change order > $150,000)
Cause for Contract Amendment:Add ton contract scope of work for consultant’s
support and facilitation of work among City staff
and community stakeholders as the City of Raleigh
implements the GI/LID Work Plan. The scope of
work includes seven work items identified in the
GI/LID Work Plan and allowances for assistance
with public outreach and technical evaluations, if
needed.
Vendor:Tetra Tech Engineering, P.C.
Prior Contract Activity:Original Contract $200,000
Currently encumbered: $200,000
Amount of this Contract Amendment $368,000
Encumbered with this Approval $568,000
Recommendation: Authorize the City Manager to execute the contract amendment and authorize the budget transfer in the amount of $268,000 according to details included with the memo.
Upheld on Consent Agenda Baldwin/Weeks – 7 ayes (Gaylord absent and excused). See Ordinance 437 TF 251.
END OF CONSENT AGENDA
JANITORIAL SERVICES – PARKS, RECREATION AND CULTURAL RESOURCES – CONTRACT WITH IQ JOURNEYS, INC./DBA BLINK FACILITY SOLUTIONS – ONE MONTH EXTENSION APPROVED
The three-year contract for janitorial services of the Parks, Recreation, and Cultural Resources Department facilities will expire July 31, 2015. A one month extension of the existing contract is being requested while the process of bidding, evaluating, and award of a new janitorial service contract takes place. It is estimated the process and award by Council will be complete by September 1, 2015.
Name of Project:PRCR Facilities Janitorial Services
Managing Division:Parks, Recreation and Cultural Resources – Recreation
Approval Requested:Contract Amendment
Reason for City Council Review:Contract Amendment >$150,000 (City Council policy)
Original Contract Total:$1,571,445
Vendor:IQ Journeys, Inc. dba Blink Facility Solutions
Prior contract activity:Original contract approved by City Council July 17, 2012, three-year contract. $523,815 annually; $1,571,445 total
Amendment Number One:Add MethodRoadCommunity Center, PioneerBuilding and Powell Drive ($72,360)
Amendment Number Two:Add HalifaxCommunity Center ($36,180)
Amendment Number Three:Add Marsh Creek Maintenance Woodshop and Greenhouse ($2,968)
Amendment Number Four:Add MordecaiVisitorCenter, NortheastOutreachCenter ($2,700)
Amendment Number Five:Add Annie Louise Wilkerson ($2,250)
Amendments One-Five:Totaled $116,458
Amount of this amendment:$49,162Amendment Number Six; new contract total $1,737,062
Reason for this amendment:Extension of current contract
Anticipated future amendments:N/A
Budget transfer required:None
Recommendation: Authorize the City Manager to extend contract for one month in an amount not to exceed $49,162.
Mr. Weeks stated he asked that this be withdrawn from the Consent Agenda questioning if it is a local company with City Manager Hall pointing out it is a local company. Mr. Weeks moved approval as outlined. His motion was seconded by Ms. Baldwin and a roll call vote resulted in all members voting in the affirmative (Gaylord absent and excused). The Mayor ruled the motion adopted on a 7-0 vote.
REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION
REZONING Z-9-15 – SOUTH WEST STREET – PUBLIC HEARING SCHEDULED FOR JUNE 2, 2015
This is a request to rezone property from Business, Residential-20 and Neighborhood Business (BUS, R-20, & NB) to Neighborhood Mixed Use-3 stories-Urban Limited-Conditional Use (NX-3-UL-CU).
The Planning Commission finds that while the request is inconsistent with the Comprehensive Plan, it is reasonable and in the public interest. Therefore, the Commission recommends approval. Staff recommends that a public hearing be held on June 2, 2015. A public hearing must occur no later than August 4, 2015.
Mr. Odom moved approval with the understanding the public hearing would be scheduled for June 2, 2015. His motion was seconded by Ms. Baldwin and put to a vote which resulted in all members voting in the affirmative except Mr. Gaylord who was absent and excused. The Mayor ruled the motion adopted on a 7-0 vote.
REZONING Z-12-15 – BUFFALOE ROAD/NEW HOPE ROAD – PUBLIC HEARING SCHEDULED FOR JULY 21, 2015 – AFTERNOON SESSION