June 17, 2014

Page 1

COUNCIL MINUTES

The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, June 17, 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 Father Misaeil Abou El Kheir, Saint Mary’s Coptic Christian Church. The Pledge of Allegiance was lead by Councilor Odom.

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 presentation and presented a Certificate to Douglas Bruggr, Civil Service Commission.

PROCLAMATION – SOLID WASTE SERVICE EMPLOYEE DAY – PROCLAIMED

Mayor McFarlane read a proclamation proclaiming June 17, 2014 as “Solid Waste Service Employee Day” in the City of Raleigh.

The proclamation was accepted by Solid Waste Services Director Fred Battle who expressed appreciation to the Mayor and City Council for the proclamation. He pointed out the solid waste employees work hard to serve the City on hot days like today and cold days and pointed out he looked forward to sharing the proclamation with all of his employees. Solid Waste employees who were present stood and received a long standing ovation.

JULY 4TH CELEBRATION – COMMENTS RECEIVED

Doug Grissom and Taylor Travasari, RaleighConvention Center and Captain Craig Haines of the Raleigh Police Department were at the meeting to talk about the upcoming 4th of July celebration. Mr. Grissom expressed appreciation to the Council for recognizing the Solid Waste Service employees and expressed appreciation to those present for giving those employees a standing ovation. He stated they are fabulous pointing out when you have a 100,000 people coming down town at one time, there can be a lot of debris and liter and the Solid Waste Service employees take care of it immediately. He stated that is something he can say for all of the City departments, they all work together to make the events downtown happen. He talked about the upcoming July 4thcelebration and pointed out since the celebration has been moved downtown the restaurants and everything are full. It is the biggest day of the year for many. We have so many people experiencing downtown for the first time and he appreciates all involved in the production. He talked about what is coming up including two firework shoots at 9:30, gave the location, talked about closing the street, the 20 bands on several stages. Mr. Grissom and Mr. Travasari talked about all of the things that would go on from beer tasting, hot dog eating contest, etc. He stated after the fireworks they want people to stay around and enjoy the activities pointing out it will be crowded but the City staff is prepared. He invited all to come and have a good time.

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 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: Water and Sewer Assessment Rates (Maiorano); Proposed Limited Obligation Bond Issue (Baldwin/Maiorano); Pawnbroker License – World Gold and Pawn (McFarlane); Petition Annexations (Maiorano); Critical Public Safety Facility Phase One GMP (Baldwin/Maiorano); Critical Public Safety Facility – Public Art Contract (McFarlane/Baldwin); Raleigh Arts Plan – Consultant Contract (Crowder); Waste Industries Contract Extension (McFarlane). Without objection, those items were withdrawn from the Consent Agenda. Mr. Odom moved approval of the Consent Agenda as amended. His motion was seconded by Mr. Stephenson 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.

DENTAL INSURANCE PLAN – CITY MANAGER AUTHORIZED TO NEGOTIATE AND EXECUTE CONTRACT WITH AMERITAS GROUP

A Request for Proposals (RFP) was issued for a self-funded dental plan insurance carrier to be effective October 1, 2014. The RFP was issued to dental insurance carriers, to include the incumbent, Blue Cross Blue Shield of N.C., on behalf of the City by the employee benefits consultant, Willis of N.C.

Following evaluation of the proposals, the benefits committee in consultation with Willis of N.C. recommends negotiating with the Ameritas Group to provide services to the City’s dental insurance plan. The proposal from Ameritas provides for lower administration fees as well as a four year rate guarantee.

Recommendation: Authorize negotiations with Ameritas Group to provide insurance carrier services and authorize the City Manager to execute the contract subject to review by the City Attorney. Upheld on Consent Agenda Odom/Stephenson – 8 ayes.

SURPLUS PROPERTY – DONATION – RESOLUTION ADOPTED

State statutes provide authority to local governments to donate surplus property to another governmental unit within the United States, a sister city, or to a nonprofit organization. The City desires to donate 430 Fire Department surplus radio units and accessories, with an estimated total value of $17,930, as follows:

Antioch Fire Department (Middlesex, NC)35 units

Office of the State Fire Marshall86 units

WakeCounty Fire Services309 units

In WakeCounty the radios will be upgraded and distributed to volunteer fire departments to supplement the deployment of 800 megahertz radios. The required public notice of the proposed donation has been made.

Recommendation: Adopt a resolution authorizing the Purchasing Manager to transfer the surplus property. Upheld on Consent Agenda Odom/Stephenson – 8 ayes. See Resolution 926.

TAX COLLECTION – ORDERS – APPROVED

To comply with state statute, an order is required annually directing the collection of taxes charged in the tax records to the following jurisdictions:

  • City of Raleigh
  • WakeCounty
  • DurhamCounty

The City Revenue Manager, the Wake County Revenue Administrator, and the Durham County Tax Administrator request that Council adopt and enter into the official minutes orders directing the respective tax collectors to collect taxes, in accordance with G.S. 105-321.

Recommendation: Authorize the Mayor to execute the orders for the City, WakeCounty, and DurhamCounty. Upheld on Consent Agenda Odom/Stephenson – 8 ayes.

WATER SUPPLY – RESOLUTION TO APPROVE LOCAL PLAN – ADOPTED

State statutes require the City to approve the local water supply plan via resolution once every five years. The Local Water Supply Plan is a drinking water resource planning document and provides information regarding current drinking water demand trends and future water resource requirements. A draft resolution was included with the agenda packet.

Recommendation: Adopt the resolution. Upheld on Consent Agenda Odom/Stephenson – 8 ayes. See Resolution 927.

PARADE ROUTES – VARIOUS – APPROVED

The agenda presented the following requests for parade routes:

Mr. Jeff Harkey, representing the North Carolina Firemen’s Association, requests permission to hold a parade on Saturday, July 26, 2014 from 10:00 a.m. until 1:00 p.m.

He is also requesting the following closure and encumbrance to facilitate parking of the fire trucks after the parade: Cabarrus Street from McDowell Street to Salisbury Street on Thursday, July 24, 2014 at 8:00 a.m. until Saturday, July 26, 2014 at 5:00 p.m.

Eastbound Right Hand Travel Lane of Glenwood Avenue between the entrance to the Angus Barn and Umstead Park

Ms. Shelley Belk, representing The Foundation of Hope for Research and Treatment of Mental Illness, requests permission to hold a fundraising walk on Sunday, October 12, 2014 from 7:00 a.m. until 3:00 p.m.

She is also requesting 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 Odom/Stephenson – 8 ayes.

ROAD RACE – HILLSBOROUGH STREET AREA – APPROVED CONDITIONALLY

The agenda presented the following request for a road race:

Vicinity of Hillsborough Street between Pullen and Logan Streets, Ashe Avenue, Western Boulevard (westbound lanes), Wilmington Street, South Street, Salisbury Street, Martin Luther King Boulevard, Boylan Avenue, Morgan Street, Dawson Street, Martin Street, Fayetteville Street, Glenwood Avenue, Peace Street, Clark Avenue, Brooks Avenue, O’Berry, Dixie Trail, Faircloth Street, Greenway, Faircloth Street, Horton Street, Glen Eden Drive, Blue Ridge Road, Millbrook Road, Beryl Road, entrance to Meredith College

Mr. Ron Wahula, representing the City of Oaks Marathon, requests permission for a road race on Sunday, November 2, 2014 from 7:00 a.m. until 1:00 p.m.

He is requesting Hillsborough Street between Pullen and Logan be closed at 4:00 a.m. for set up.

He is also requesting 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. Upheld on Consent Agenda Odom/Stephenson – 8 ayes.

STREET CLOSINGS – VARIOUS EVENTS AND DATES – APPROVED CONDITIONALLY

The agenda presented the following request for temporary street closings.

400 Block of Fayetteville Street from Davie Street to the Marriott Circle

Ms. Marie-Claire Ribeill, requests permission for a street closure on Saturday, June 21, 2014 from 3:00 p.m. until 11:00 p.m. for a French Musical Festival.

She is also requesting permission to allow amplified sound during the event.

200 Block of South East Street between East Hargett and East Martin Streets

Mr. Jeff Wright, requests permission for a street closure on Saturday, June 21, 2014 from 11:00 a.m. until 3:00 p.m. for a Community Health Fair.

He is also requesting permission to allow amplified sound during the event.

300 Block of North Elm Street between Lane Street and Oakwood Avenue

Mr. Rex Michael, requests permission for a street closure on Friday, July 4, 2014 from 2:00 p.m. until 11:59 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.

Kinsey Street from DuPont Circle North to the Dead End

Ms. Shonna Greenwell, representing Rebus Works, requests permission for a street closure on each Saturday beginning July 5, 2014 until Saturday, November 8, 2014 from 8:30 a.m. until 2:30 p.m. for a weekly Farmer’s Market.

This is a renewal of a six month pilot program to operate a weekly market utilizing the public right-of-way. One of the conditions of the pilot program was to provide for vehicular access to businesses located within the event footprint of the closed streets. The applicant will be required to arrange for a sworn law enforcement officer to work the post or to provide a certified traffic control officer in accordance with GS 20-114.1 and as approved by the Chief of Police or Sherriff of the County in order to facilitate ingress into this block. Vehicular traffic will be restricted to traffic related to the business not associated with the weekly market and to authorized personnel associated with the current event. The use of a law enforcement officer or traffic control officer will be decided upon and approved by the police department.

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.

In addition, she is requesting permission to allow food trucks to park on the street within the enclosed area.

400 Block of Haywood Street between Candor Lane and Davie Street

Mr. Kenneth Atwater, requests permission for a street closure on Saturday, July 5, 2014 from 5:00 p.m. until 11:59 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.

800 Block of Peyton Street

Mr. Cedric Perry, requests permission for a street closure on Saturday, August 9, 2014 from 10:00 a.m. until 5:00 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.

200 thru 400 Blocks of Fayetteville Street from Hargett Street to the Marriott Circle, 00 Block of Davie Street and Martin Street from Wilmington Street to Salisbury Street, 300 Block of Fayetteville Street

Ms. Carly Jones, representing the 5th Annual African American Cultural Festival, requests permission for a street closure on Saturday, August 30, 2014 from 11:00 a.m. until Sunday, August 31, 2014 at 9:00 p.m. for a festival.

She is requesting the 200 thru 300 Blocks of Fayetteville Street from Hargett Street to the Marriott Circle and the 00 Block of Davie Street and Martin Street from Wilmington Street to Salisbury Street be closed on Saturday, August 30, 2014 from 3:00 a.m. until Sunday, August 31, 2014 at 11:59 p.m.

The 400 Block of Fayetteville Street be closed from Friday, August 29, 2014 at 7:00 p.m. until Sunday, August 31, 2014 at 11:59 p.m.

The actual event will take place on Saturday, August 30, 2014 from 11:00 a.m. until 10:00 p.m. and on Sunday, August 31, 2014 from 11:00 a.m. until 9:00 p.m.

She is also requesting permission to allow amplified sound during the event.

1100 Block of South Saunders Street service road between Grissom Street and Hamel Street

Mr. Kris Weiss, representing Ray Price Harley Davidson, requests permission for a street closure on Saturday, August 30, 2014 from 8:00 a.m. until 5:00 p.m. for a customer appreciation day.

Fayetteville Street between West Hargett Street and the Marriott Circle, Davie Street between Salisbury and South Wilmington Streets, Martin Street between Salisbury and South Wilmington Streets

Ms. Cecilia Saloni, representing El Pueblo, requests permission for a street closure on Saturday, September 21, 2014 from 12:00 p.m. until 8:00 p.m. for a Festival.

She is also requesting 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 Odom/Stephenson – 8 ayes.

TIGER GRANTS 2012 AND TIGER 2013 COOPERATIVE – MANAGER AUTHORIZED TO EXECUTE

The City has been awarded two grants from the United States Department of Transportation (USDOT) Transportation Investment Generating Economic Recovery (TIGER) discretionary grant program to construct Phase IA (Civil Facilities and Passenger Access) and Phase IB (Station Terminal) of the Raleigh Union Station complex. The Raleigh Union Station Project is a core element of the 2030 Comprehensive Plan to create a multi-modal transit center that will serve as a regional gateway to downtown Raleigh.

TIGER 2012 - Grant award of $26,500,000 for Phase IA. The project includes $9,000,000 of State matching funds and no City funds, for a project total of $35,500,000. The TIGER 2012 Cooperative Agreement, executed September 18, 2013, is proposed to be amended to add elements to the statement to work (scope). This amendment allows additional items to be considered as grant eligible expenses. The amendment does not change the City’s financial obligation or reporting requirements.

The Phase IA amended scope will consist of:

(1)Raleigh Union Station Track and Signal Improvements

(2)Raleigh Union Station Passenger Amenities and Site Work

(3)Amtrak Annex

TIGER 2013 - Grant award of $10,000,000 for Phase IB. The project includes $5,750,000 in City matching funds and no State funds for a project total of $15,750,000. The project includes the rehabilitation of the Dillon Supply Company Warehouse located at 510 West Martin Street (the “ViaductBuilding”) for use as the station terminal building.

The Phase IB scope will consist of:

(1) RaleighUnionStationTerminalBuilding

Recommendation: Authorize the City Manager to execute the TIGER 12 amendment as well as the TIGER 13 grant award documents, upon receipt from USDOT. Authorize the City Manager to execute any subsequent incidental amendments associated with changes to these agreements. Upheld on Consent Agenda Odom/Stephenson – 8 ayes.

BIKERALEIGH AND WALKRALEIGH PROGRAM ENHANCEMENTS – GRANT ACCEPTED AND BUDGET AMENDED

A grant from the Triangle J Council of Governments has been awarded on a dollar for dollar basis to expand the BikeRaleigh and WalkRaleigh programs. The grant provides funding for a part-time outreach coordinator to be responsible for expanding and enhancing the existing programs. The work program includes collaborating with regional partners to promote Transportation Demand Management; coordinating with employers to promote the Bicycle Friendly Business program; expanding the bicycle benefits program to include up to 30 additional businesses; and conducting additional Bike and Walk Raleigh events as well as to conduct educational campaigns. The required match for the grant is $25,000 and is appropriated in the operating budget. This grant was approved by the Grants Committee on April 3, 2014.

Recommendation: Accept the grant award and authorize the following budget amendment:

Revenue Account:

810-2410-550900-93315-GRT00-76006262City Match$25,000

810-2410-531280-93315-GRT00-76006262Local Grant 25,000

Total$50,000

Expense Account:

810-2410-600110-93315-GRT00-76006262Part Time Salaries$30,000

810-2410-620050-93315-GRT00-76006262Social Security1875

810-2410-620060-93315-GRT00-76006262Medicare420

810-2410-703010-93315-GRT00-76006262Print Copy6000

810-2410-712170-93315-GRT00-76006262Promotional Items10,205

810-2410-712130-93315-GRT00-76006262Advertising 1,500

Total$50,000

Upheld on Consent Agenda Odom/Stephenson – 8 ayes. See Ordinance 320 TF 232.

PU2014-4 – PINECROFT DRIVE – RESOLUTION OF INTENT ADOPTED

The project includes the installation of approximately 170 linear feet of 8-inch sewer main to serve property located at 105 Pinecroft Drive. The property is located within the City limits, is being undertaken at the request of the owner and as required by State statues. The property served by the project will be assessed for the improvements based on assessment rates established annually as allowed by NC General Statues.