city council agenda - marriage amendment

8/3/2019 City Council Agenda - Marriage Amendment

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Nancy McFarlane, Mayor

Mary-Ann Baldwin

Thomas G. Crowder

Bonner Gaylord

John Odom

Randall K. Stagner

Russ Stephenson

Eugene Weeks

1:00 P.M. AND 7:00 P.M., TUESDAY

JOINT HEARING WITH THE HISTORIC DEVELOPMENT COMMISSION

DECEMBER 6, 2011

THE COUNCIL CHAMBER

PLEASE TURN OFF ANY WIRELESS EQUIPMENT WHILE IN THE COUNCIL CHAMBER

This equipment interferes with the meetings sound transmission. Thank you.


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City Council Agenda December 6, 2011

NOTICE TO HEARING IMPAIRED:

Audio enhancements have been installed in the Council Chamber. Assistive listening devices are

available upon request. Interpreters for Deaf and Hearing Impaired are available. If needed, please

provide a 24-hour notice by calling 996-3100 (voice) or 996-3107 (TDD).

A. MEETING CALLED TO ORDER BY THE MAYOR1. Invocation - Reverend Jerry Williams, Agape Word Fellowship

2. Pledge of Allegiance

3. Organizational Activities

B. RECOGNITION OF SPECIAL AWARDSC. CONSENT AGENDA

All items on the consent agenda 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. The vote on the consent agenda will be a roll call vote.

1. Proposed 2012 City Council Meeting ScheduleA proposed 2012 City Council meeting schedule is included in the agenda packet.

Recommendation: Approve the proposed City Council Meeting Schedule.

2. FY 2012-2013 Budget Review ScheduleThe Budget Review Schedule includes dates that are statutorily required (presentation ofbudget and public hearing) and those that have historically been used in the Citys budgetprocess (worksessions and the pre-budget hearing). The schedule notifies the public ofthe upcoming budget review process. The Council and the City Manager may revise or

add to the schedule at a later date. The following schedule is proposed for the FY 2012-2013 budget review process:

Pre-Budget Hearing by City Council January 3, 2012, 7:00 p.m.

City Council Budget Workshop To Be Determined

Presentation of Proposed Operating Budgetand Proposed Capital Improvement Program May 15, 2012

City Council Budget Worksessions To Be Determined

Public Hearing on budget proposals June 5, 2012, 7:00 p.m.

Adoption of the Annual Operating Budget for FY 2012-2013 and the Capital

Improvement Program is required by July 1, 2012.Recommendation: Approve the Budget Review Schedule.

3. Hillsborough Street Roadway Lighting MaintenanceThe Hillsborough Street Community Services Corporation (HSCSC) has offered toaccept maintenance responsibility for the LED street and pedestrian lighting system alongHillsborough Street and Oberlin Road, from Oberlin Road to Gardner Street, with theunderstanding that the Citys grant to the HSCSC will be increased by the amount

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included in the Citys annual budget for street lighting in this section. This amount isapproximately $6,000 per year.

Recommendation: Transfer responsibility for maintenance of the LED street lightingsystem on Hillsborough Street and Oberlin Road from Oberlin to Gardner Streets to theHillsborough Street Community Services Corporation effective January 1, 2012,

including maintenance of the light fixtures and poles and payment for power to ProgressEnergy. Increase the Citys grant to the HSCSC by $6000 per year, and make availableto the HSCSC any current inventory of lighting fixtures, poles, etc. or other equipmentassociated with the street lights that is currently in the Citys possession. Authorize thefollowing budget transfer for the remainder of the current fiscal year:

Transfer From:

100-2210-713030-215 Streetlights $3,000

Transfer To:

110-2510-723000-72444 HSCSC $3,000

4. Changes to the Sewer Use OrdinanceThe Federal and State pretreatment program establishes regulatory authority for theEnvironmental Protection Agency (EPA), states, and municipal governments to controlthe discharge of industrial wastewater into municipal Wastewater Treatment Plants(WWTPs) or Publicly Owned Treatment Works (POTWs). Requirements for thePretreatment Program were initially established in the Federal Water Pollution ControlAct as amended by the Clean Water Act of 1977. The Public Utilities Department hasbeen given authorization by the North Carolina Division of Water of Quality (DWQ), toimplement a local Pretreatment Program as required by the Neuse River WastewaterTreatment Plant (NRWWTP) NPDES Permit. This includes adoption of a Sewer UseOrdinance (SUO) by the governing Board. The Pretreatment Rule .0900 (AuthorizingStatute: G.S. 143-215.3(a)(14) and 143-215.1) currently consists of several rules

including a new streamlining process revised by EPA in October, 2005. The purpose ofthe streamlining is to give the POTW more flexibility in the regulation of industry. Thisflexibility could allow for fewer users being considered Significant Industrial Users(SIUs), thereby saving time and financial resources (i.e., permit fees, sampling costs) forboth the POTW and the User. The remaining Rule changes are for clarification purposes,to remove any vagueness and to reflect current State and/or Federal requirements in 40CFR 403.

Recommendation: Approve the required changes to the SUO in order for the City to becompliant with the North Carolina Pretreatment Rules and Regulation and G.S. 143-215.3(a) (14) and 143-215.1.

5. Support of H.R. 1340 and S. 1578New federal legislation (H.R. 1340 and S. 1578) has been proposed to eliminate therequirement that all potable water providers must physically mail the annual ConsumerConfidence Report to their customers if the system meets all Safe Drinking Water Actstandards. The Consumer Confidence Report would be available via the Citys Web siteor a hardcopy could be mailed upon request. This would save the Public UtilitiesDepartment approximately $50,000 annually in mailing and printing costs while stillproviding the information to the customers.

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Recommendation: Support of H.R. 1340 and S. 1578 and authorization for the CityManager and City Attorney to provide a letter of support to the Citys congressionaldelegation.

6. House Creek Land DonationOn October 18, 2011, City Council accepted the donation of 3.43 acres located at 0 BlueRidge Road and 2.45 acres located at 3970 Blue Ridge Road from GFM II,LLC/ENGLERT, LLC. The City will accept the land donation subject to a satisfactoryphase I environmental site assessment (ESA) with the cost of the ESA, 2011 property taxand closing cost associated with the conveyance of the two properties to be paid by theParks and Recreation Department. The donor requests the opportunity to build amemorial park at his expense and name it in honor of his father, Lt. Col. George F.Marshall, who was killed in action in WWII. In addition, the donor is seeking NorthCarolina State Tax Credits for this donation which requires a resolution by the CityCouncil stating that the City will manage the property for conservation purposes inperpetuity. A copy of the resolution is included in the backup information.

Recommendation: Approve the resolution.

7. Submittal of Application to NC Dept of Commerce for Urban Progress ZoneDesignation for the City of Raleigh

The State of North Carolinas Article 3J tax credits program provides economicincentives to stimulate new investment and job creation in economically distressed urbanareas that qualify as an Urban Progress Zones (UPZ). This program replaces the previousWilliam S. Lee act tax credit program and its associated Development Zone designation.For any eligible businesses to take advantage of these tax credits if so desired, the City ofRaleigh needs to submit an application for Urban Progress Zone designation to theDepartment of Commerce before the end of this year. A map of a proposed UrbanProgress Zone that meets State qualifying criteria is included in the agenda backup.

Recommendation: Approve the resolution requesting designation of the area shown onthe map as an Urban Progress Zone and approval of Mayors signature on the UPZapplication request to the Department of Commerce.

8. Battlebridge Police Training Facility - Lead Reclamation ProjectDuring the March 15, 2011, City Council meeting the following item was presented andapproved on the consent agenda:

BATTLEBRIDGE POLICE TRAINING FACILITY LEAD RECLAMATIONPROJECT APPROVED

The Police Department would like to conduct a lead reclamation project at theBattlebridge Training Facility-Firing Range in order to increase the safety of the

range by reducing the lead in the berm, projectile ricochets, and potentialenvironmental concerns in the future. To do so, the department would contractwith Lead Removal Technologies to remove the lead in the berm and recyclelead at an EPA-approved facility. Funds generated from the sale of the recycledlead would be used to compensate Lead Removal Technologies and a portion ofthe funds would be returned to the City of Raleigh.

Recommendation: Approve. Upheld on Consent Agenda Odom/Baldwin 7ayes (Stephenson absent and excused).

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Negotiations with the specified contractor were unsuccessful and the Police Departmentrequests authorization to negotiate with different contractors to perform the leadreclamation. Funds generated from the sale of the recycled lead would be used tocompensate the approved lead reclamation company, and a portion of the funds could bereturned to the City.

Recommendation: Authorize negotiation and contracting with an approved reclamationcompany, with work to be conducted at no cost to the City. The amount of revenue to bederived from the reclamation work, if any, is subject to negotiation with the selectedcontractor.

9. Modification to Section 8 Article E Water Conservation PlanPer the requirement of the North Carolina Division of Water Resources, the City ofRaleigh has developed water use restriction triggers, which were originally approved onOctober 19, 2010. The proposed ordinance formally establishes these triggers in Section8 Article E.

Recommendation; Approve the ordinance modifications as requested.

10. Petition AnnexationsArea Name Contiguous Petitioner Acres Proposed Use

Crabtree North Craig Ferri/CrabtreeNorth LLC

2.98 Residential

Recommendation: That this annexation petition be acknowledged and that Councilrequest the City Clerk to check its sufficiency pursuant to State statutes, and if foundsufficient, to advertise for public hearing on January 3, 2012.

11. Parade Routes11.1 200 Block of South McDowell Street

Dennis Embo, representing North Carolina Right to Life, requests to hold amarch on Saturday, January 14, 2012, from 2:00 p.m. until 3:00 p.m.

Recommendation: Approve subject to conditions noted on the report in theagenda packet.

12. Road Races12.1 100 Block of East Edenton Street

Liz Stroff, representing Christ Episcopal Church, requests to hold the Run forYoung road race on Saturday, January 7, 2012, from 8:30 a.m. until 11:30 a.m.

12.2 Brier Creek County Club VicinityJennifer Wrigley, representing Brier Creek Country Club, requests to hold a roadrace on Saturday, January 21, 2012, from 8:30 a.m. until 10:00 a.m.

12.3 2100 Block of Hillsborough StreetAlyson Harding, representing Krispy Kreme, requests to hold the Krispy KremeChallenge race on Saturday, February 4, 2012, from 7:00 a.m. until 11:00 a.m.

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12.4 Meridien Drive VicinityTerry Hunter, representing Grace Community Church, requests to hold a roadrace on Saturday, February 11, 2012, from 9:00 a.m. until 10:30 a.m.

12.5 Halifax Street VicinityJim Young, representing the North Carolina Roadrunners Club, requests to holdthe annual Run for the Roses Road Race on Sunday, February 12, 2012, from1:00 p.m. until 3:30 p.m.

12.6 Fletcher Park VicinityBenji Jones, representing Raleigh Colon Cancer Coalition, requests to hold theGet Your Rear in Gear road race on Saturday, March 3, 2012, from 8:30 a.m.until 10:30 a.m.

12.7 100 Block of East Lane StreetElizabeth Wexler, representing North Carolina Victim Assistance Network,

requests to hold a memorial road race on Saturday, April 21, 2012, from7:00 a.m. until 9:30 a.m.

Recommendation: Approve all races subject to conditions noted on the reportsin the agenda packet.

13. Temporary Street Closings13.1 Bragg Street Vicinity

Marianne Kogge, representing several local ministries, requests a street closureSunday, December 11, 2011, at 12:00 p.m. until 4:30 p.m. for a neighborhoodoutreach festival.

Recommendation: Approve subject to conditions noted on the report in theagenda packet.

14. Requests for Public Hearings14.1 Duke University Health System, Inc. Request to Amend the Zoning Code to

Include Hospital Hospitality House as a New Land Use Listing

During the November 15, 2011, City Council meeting the following CitizenPetition was presented:

Laura Raynor and Gary Milewski, representing Duke University Health Systems,Inc., would like to suggest an amendment to add hospitality house as a listeduse on the Schedule of Permitted Land Uses in Zoning Districts.

After discussion of the proposal, Council directed staff to draft an ordinance forreview prior to authorizing this text change for public hearing. The agendapacket contains the draft ordinance and a summary of the proposed text change.This new land use was anticipated to be included as a land use within the UnifiedDevelopment Ordinance. The draft text change for the Councils considerationreplicates the text and approval process proposed within the UnifiedDevelopment Ordinance.

Recommendation: Authorize the text change for public hearing to be heard atthe January 17, 2012, Joint Planning Commission / City Council Zoning Hearing.

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14.2 Jones Franklin Road Area StudyThe Department of Planning and Development - Urban Design Center hascompleted an area study of the Jones Franklin Road/WesternBoulevard/Hillsborough Street vicinity, as identified as Special Study Area A-9on the Comprehensive Plan: Future Land Use Map. The goal of the study is to

provide a framework and strategies to help guide the form and character of thedistrict's future growth. Strategies include recommended future land useclassifications and thoroughfare alignments and improvements to be incorporatedinto the 2030 Comprehensive Plan, and Development Code alternatives toprovide regulatory control of the area.

Recommendation: Accept the report and recommendations, and authorize theimplementing Comprehensive Plan amendments for the January 17, 2012, JointPlanning Commission/City Council Zoning Hearing.

15. Grants15.1 Grant Applications for Cistern at Walnut Creek Wetland Center

The Parks and Recreation Department requests authorization to apply for grantsfrom NCDENR and CWMTF for funding the remaining balance of a cistern[$33,500] at the Walnut Creek Wetland Center. On November 1, 2011, CityCouncil approved funding of 75% [$25,125] through the City Water Quality CostShare Program managed by the Stormwater Management Advisory Commission.Staff is pursuing grant funding for the remaining 25% [$8,375]. Both agenciesrequire City Council resolutions to show support of the requested funding.

Recommendation: Approve resolutions in support of NCDENR Division ofWater Resources Grant and NC Clean Water Management Trust Fund Grant.

16. Easements16.1

Lake Preservation Program - Northshore LakeCouncil previously adopted a lake preservation policy and provided direction foracquiring permanent and temporary easements for private lake projects includedin the Stormwater Utility Capital Improvement Program. The policy foracquiring easements is to obtain permanent easements to maintain the dam andspillway, and temporary easements for other areas in and around these lakes asneeded for construction.

Staff is in the process of acquiring easements for the Northshore Lake project.The project involves acquiring easements from 32 property owners, some ofwhich are absentee owners. Staff has acquired the necessary easements fromapproximately half of the private property owners. It appears a few of the needed

easements will likely require condemnation in order for the project to moveforward. At the time Council endorsed the easement policy, the issue ofcondemning needed easements for private lake projects was not addressed. Sincecondemnation has not been previously utilized for lake preservation projects,staff is asking Council for direction as how to proceed. Staff has determinedthree options are available:

1) Drop the project due to lack of participation by the affected and benefittedproperty owners;

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2) Hold the project indefinitely until such time as the remaining easements areacquired through efforts by the City and/or neighborhood association;

3) Condemn required easements for the project and move forward withconstruction implementation once design and permitting has been completed.

Based on the public needs and public benefits of the Northshore and Brentwood

Today Lake projects, staff recommends that City Council authorize staff toutilize condemnation for the remaining required easements in order to move theproject forward. Any specific properties recommended for condemnation will bebrought back to Council through the normal legal process. Any remaining legalissues associated with the actual easement condemnations for this project will bereviewed and approved by the City Attorneys office.

Public benefits for Northshore Lake include flood control and water qualitybenefits, as well as dam safety upgrades to protect downstream properties. Inaddition the City owns one of the 32 lots and has already invested approximately$400,000 in design and permitting costs.

A detailed report is included in the agenda packet.

Recommendation: Authorize staff to utilize condemnation as an option foracquiring easements associated with lake preservation projects.

17. Contracts and Consultant Services17.1 Wake County Human Services Contract

Wake County Human Services has allocated $110,000 to the City to providerecreation programming services for FY2011-12. To receive the funds, acontractual agreement must be executed between Wake County and the City forthe continued provisions of recreation programming for Wake Countys residentswith developmental disabilities.

Recommendation: Authorize the City Manager to execute the contract.

17.2 Approve Planning Process and Consultant Selection for the Martin LutherKing, Jr. Memorial Gardens Expansion Planning Phase

$10,000 has been appropriated in the FY2011-12 budget for initial planning ofthe Martin Luther King, Jr. Memorial Gardens Expansion. Staff recommends,with the support of long-time stakeholders, implementing a Public LeadershipGroup (PLG) planning process. It is also recommended that McNeelyAssociates, PA, the designer of the existing Martin Luther King, Jr. MemorialGardens, be awarded the contract for the initial planning phase of the expansionproject.

Recommendation: Authorize staff to proceed with the initial planning phase ofthe Martin Luther King, Jr. Memorial Gardens expansion, which includes the

establishment of the Public Leadership Group (PLG). Authorization is alsorequested for staff to negotiate a contract with McNeely Associates, PA for theinitial planning phase of the expansion project.

17.3 Downtown Remote Operations Facilities - Commissioning ServicesOn August 3, 2010, Council approved the sale of approximately $2,000,000 inbonds to fund design of the Phase I Downtown Remote Operations facilities.The bond sale closed October 24, 2010.

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The Request for Qualifications (RFQ) for commissioning services was advertisedAugust 8, 2011, and a pre-submittal conference was held August 18, 2011.Eleven responses were received to the RFQ on September 8, 2011. Responseswere evaluated and four firms were selected on October 7, 2011 to beinterviewed. These four firms were interviewed on November 1, 2011, leadingto the following recommendation, in order of preference:

Talbot & Associates Consulting Engineers, Inc., Charlotte, NC

RMF Engineering, Raleigh, NC

MBP, Raleigh, NC

KCI Associates, Raleigh, NC

Recommendation: Authorize the City Manager, in accordance with Citystandard procedure, to negotiate a contract for professional commissioningdesign services with the top ranked firm. If negotiations are not successful withthe first firm, authorize proceeding with negotiations with each successive firmuntil an agreement can be accomplished.

17.4 Turf Maintenance Services, Inc.A Request for Proposals (RFP) was issued by Transit staff for the maintenance ofthe Moore Square Station and Passenger Amenities. Two proposals werereceived by the deadline specified in the RFP. Interviews with each proposerwere scheduled and conducted.

The proposals and interviews were evaluated based upon the announcedevaluation criteria described within the RFP. The proposals and interviews wereevaluated in each of four weighted criteria. Upon tallying the scores from eachproposal, Turf Maintenance Services, Inc., was chosen to enter into contractnegotiations. The firm is a locally certified SDMWOB.

Total cost for the remainder of this fiscal year is $60,250. Funding is available inaccount 410-2260-708900-580.

Recommendation: Authorize the City Manager to execute a contract with theselected firm.

17.5 Loan Portfolio ManagementThe Community Development Department, with Federal grant funds (CDBG andHOME) and an allocation of Bond and City funds, provides zero- and low-interest rate loans to assist eligible homeowners, homebuyers, landlords anddevelopers. Program beneficiaries must be either low- or moderate-incomepersons. Staff serviced new loan originations from March 2001 until 2005, when

the City entered into a three-year contract (with an additional three-year renewal)with AmeriNational Community Services, Inc., to service the entire loanportfolio. To date the Citys loan portfolio totals $56 million.

In August, 2011, a Request for Proposals was issued to solicit loan portfoliomanagement services. AmeriNational, the current servicer, was the only agencyto submit a proposal. AmeriNational possesses the expertise required to serviceall loan types unique to the government lending industry. The company currentlyservices approximately 40,000 loans that total in excess of $3.7 billion. Theestimated contract price is $420,000 for the three-year contract period. Funds areavailable in the Community Development CIP and federal grant budgets.

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Recommendation: Approve the execution of a three-year contract withAmeriNational Community Services, Inc. to provide loan portfolio managementservices.

17.6 ALSCO contract - Uniform, Mat, and Towel Rental Services RFP 11-4On October 24, 2011, four proposals were received for Uniform, Mat, and TowelRental Services for Vehicle Fleet Services and Police Services. After anextensive review of the proposals and rental items, it is recommended thatALSCO, Inc., be awarded the service contract for a three year term, with theoption to renew for each of two one-year periods. The contract amount isestimated to be $60,000 per year combined for both Vehicle Fleet Services andPolice Services.

Recommendation: Award the Uniform, Mat, and Towel Rental Servicescontract to ALSCO, Inc.

17.7 Electronic Payment Solution Merchant Card Service Contract Extensionwith Link2Gov/METAVANTE

The City of Raleigh entered into a two-year contract renewal withLink2Gov/Metavante in January 2010 to provide an electronic paymentprocessing service solution (the acceptance of credit/debit cards for payment ofCity services via web, telephone, and in person) for the Utility Billing andInspections divisions. The current contract term ends in December 2011 with anoptional one-year extension. The City Council approved the previous two-yearrenewal to coincide with the timing of the Citys next banking services requestfor proposal which was originally intended for May 2011 but which wasextended with Council approval to May 2012. The City has elected to continuethe current fee structure with Link2Gov/Metavante. The renewal fee structurewill provide the City an estimated savings of $20,000 from 2009 rates. TheFinance Department recommends that the City contract with

Link2Gov/Metavante for an additional year, enabling the City to award thebanking services RFP for an effective date of May 2012.

Recommendation: Approve a one-year contract extension.

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18. Personnel Changes18.1 Police

The Police Department requests the reclassification of position number 1638from Information Response Tech (PG 27; JC 000070) to Crime Analyst (PG 31;

JC 003205) as a result of reassignment to a critical civilian position in theDepartment. The reclassification has been reviewed and approved by thePersonnel Department. The FY12 budget impact of this request is estimated at$3,016; the fully annualized budget impact of this request is estimated at $5,170.The department will complete an administrative transfer of funds to cover theestimated cost increase in the event that lapsed salaries due to vacancies are notable to cover the increased expense.

Recommendation: Approve the reclassification.18.2 Public Utilities

The Public Utilities Department requests the reclassification of position numbers3452 and 3459 from a Treatment Plant Operator (PG TA; JC 4302) to a SeniorTreatment Plant Operator (PG TB; JC 4306). This is part of an overall effort toreduce costs through consolidation of positions and reduction of overtime in theWater Treatment Division. This reclassification will allow both the E.M.Johnson and D.E. Benton Water Treatment Facilities to operate with likeschedules of six rotating shifts, with a Senior Treatment Operator on each shift,and will reduce after-hour shifts with associated overtime that is currently valuedat $40,000/year. The revised operations schedule will also reduce the number ofauthorized Water Treatment Plant Operator positions at the E.M. Johnston WaterTreatment Plant by two, increase the number of authorized positions at the D.E.Benton Water Treatment Plant by two, will leave frozen one operator positionoverall, and will result in a net savings of $16,180 dollars per year in personnelcosts. The reclassifications have been reviewed and approved by the Citys

Personnel Department.

Recommendation: Approve the reclassifications.

19. Encroachment Requests19.1 715 Staley Court

A request has been received from Michael J. Hensley to legalize anencroachment on City right-of-way for existing columns and a slate walk. Areport is in the agenda packet.

Recommendation: Approve the encroachment subject to completion of aliability agreement and documentation of proof of insurance by the applicant.

19.2 Denmark StreetA request has been received from Forever Home Lynn, LLC to encroach on Cityright-of-way for the purpose of installing a private storm sewer. A report is inthe agenda packet.

Recommendation: Approve the encroachment subject to completion of aliability agreement and documentation of proof of insurance by the applicant.

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20. Budget Amendments20.1 Police

The following accounts should be increased by:

Revenue Account:

130-4010-532940-4061 Police Dept Misc Revenue $500

Expense Account:

130-4010-701010-4061 Operational & Maintenance Supplies $500

Purpose: To appropriate funding from the Wal-Mart Foundation. The funds willbe used to purchase equipment for the Technical Assistance Response Unit.

20.2 PoliceThe following accounts should be increased by:

Revenue Account:

810-4010-513170-987-00000-GRT08-72930000 $15,000State Grant

Expense Accounts:

810-4010-701010-987-00000-GRT08-72930000 $ 2,500Operational & Maintenance Supplies

810-4010-708900-987-00000-GRT08-72930000 12,500Contractual Services

$15,000

Purpose: To appropriate funding from the Governors Crime Commission. Thefunds will be used to raise awareness of the consequences of being involved ingangs through an anti-gang performance in local high schools. There is no

required cash match.

20.3 Parks and RecreationThe following accounts should be increased by:

Revenue Account:

625-0000-532900-000-CIP03-80240000 $1,655Miscellaneous Revenues

Expense Account:

625-6210-795010-725-CIP03-80240000 $1,655Beautification Improvements

Purpose: To accept the donation of memorial benches at Lake Lynn, Pullen Parkand Lake Johnson.

20.4 Parks and RecreationThe following accounts should be increased by:

Revenue Account:

636-6210-533310-000-CIP03-85670000 $1,500Amusement Park Donations

Expense Account:

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636-6210-790010-975-CIP03-85670000 $1,500Capital Project Reserve

Purpose: To accept the donation from the Friends of Pullen Park for theenhanced design element related to the historic Dentzel carousel. These fundswill be used toward funding the weathervane on the new carousel building atPullen Park.

20.5 PlanningThe following accounts should be increased by:

Revenue Accounts:

130-2410-532990-2420 $4,123Appropriated From Prior Year

130-2410-532160-2420 500Appearance Commission Donations

$4,623Expense Account:

130-2420-701010-2420 Sir Walter Raleigh Awards $4,623Purpose: To budget funds received in support of the Annual Sir Walter RaleighAwards Event coordinated by the Raleigh Appearance Commission.

20.6 FinanceThe Citys procurement card program continues to provide departments withvaluable flexibility and timeliness in meeting their small purchase needs. Atravel card program that also utilizes procurement cards will be expanded soonand will provide further enhancements in dealing with travel request andsettlement requirements. To perform ongoing administrative and quality controlduties for these programs, one current Buyer II position is dedicated to managingthese two systems on a full-time basis. Last November, the Council appropriated

unbudgeted 2010 rebate fees from Bank of America to allow backfilling of dutiespreviously handled by the Buyer II position. The City has now received the 2011rebate of $109,261.96. It is desirable to use these rebate funds to continue thebackfill position in Purchasing. In addition, funding is also needed to continueservices of a technical contract resource who will help with the implementationof the travel card program and other aspects of the procure-to-pay-cycle that arebeing enhanced.

Recommendation: Approve appropriation of the 2011 rebate to fund backfillduties in Purchasing ($66,000.00) and a technical contract position supportingpurchasing system enhancements ($43,261.96), as follows:

Increase Revenue:

100-0000-532900-000 $109,261Miscellaneous Revenues

Increase Expense:

100-1640-600110-161 66,000.00Salaries-Part-time Temporary/Seasonal

100-1650-708900-161 43,261Contractual Services

$109,261

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20.7 Parks and Recreation DepartmentThe following accounts should be increased by:

Revenue Account:

251-0000-532990-000 Appropriation from Prior Year $70,000

Expense Account:

251-6290-750070-508 Vans / Buses Purchase $70,000

Purpose: The City of Raleigh has opened several new facilities in FY 2012,including Pullen Park, Wilders Grove Service Center, and Buffaloe RoadAquatic Center. To provide ongoing maintenance to these and existing facilities,the Facilities and Operations Division has requested three additional heavy-dutyvans. The vehicles transport crew members and haul heavy equipment, parts,and supplies. The operating lease and other costs for the vehicles are budgeted inthe FY 2012 budget. This action appropriates funds for the initial purchase usingfund balance in internal service fund for equipment.

21. Right-of-Way Items - (Condemnation Requests)Efforts have been unsuccessful to obtain needed easements; therefore, it is recommendedthat a resolution of condemnation be authorized for the following:

21.1 Project Name: Crabtree Basin Wastewater System ConveyanceImprovements Project and Crabtree East Extension Greenway Project

Name: SCB Investments, LLC

Location: 3201 New Bern Avenue

Name: Belasco Limited Partnership

Locations: 3200 New Bern Avenue; 3113 Calumet Drive; 3117 Calumet

DriveName: POAA, LLC

Locations: 3131 Calumet Drive, 3225 Calumet Drive

Recommendation: Approve condemnations.

21.2 Project Name: Honeycutt Creek Greenway ProjectName: Sandy Creek Condominium Association, Inc.

Locations: 0 Six Forks Road, 111 Newton Road

Recommendation: Approve condemnation.

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Project Name: Simmons Branch Culvert Improvements Project

Name: Damian L. Lallathin

Location: 5205 Kaplan Drive

Name: Abbey E. Higgins Burka

Location: 3701 Lail Court

Recommendation: Approve condemnations.

22. Bids22.1 Debris Removal from Neuse Buffer Streams SM 2011-0056, Bid Award to

Jays Lawn and Landscape Co.

Bids were received and publicly opened on November 1, 2011, for the TornadoDebris Removal from Neuse Buffer Streams (SM 2011-0056).

A total of four bids were received for this project. Jays Lawn and Landscape,Co. submitted the lowest responsible bid in the amount of $264,700. SDMWOB

participation is 0%.Recommendation: Approve the low bid and authorize the City Manager toexecute the contract with Jays Lawn and Landscape, Co. in the amount of$264,700 and approve the following budget transfer.

Transferred From:

470-2240-790010-00975-CIP05-80860180 $300,000TMDL Streams Water Quality Project

Transferred To:

470-2240-792020-00975-CIP05-80860340 $300,000Stormwater - Debris Removal

22.2 Simmons Branch Drainage Improvements - Phase 1 - Kaplan, Lail & SwiftCulvert Improvements - SM 2011-0042, SM 2011-0043, and SM 2011-0039 -

Bid Award to FSCII LLC dba Fred Smith Company

Bids were received and publicly opened on November 22, 2011, for theconstruction of the Simmons Branch Drainage Improvements (Phase 1). A totalof seven bids were received for this project. FSCII LLC dba/Fred SmithCompany submitted the lowest responsible base bid in the amount of $1,500,500.It is also recommended that alternate number one in the amount of $30,000 beaccepted. Alternate one utilizes poured-in-place culverts in lieu of precastculverts. SDMWOB participation is 9%.

Recommendation: Approve the low bid, including alternate number one, and

authorize the City Manager to execute the contract FSCII LLC dba/ Fred SmithCompany, in the amount of $1,530,000 and approve the following budgetadjustments.

Transferred From:

470-2240-790010-00975-CIP05-96910000 $1,200,000Lail Court Culvert Upgrade

470-2240-790010-00975-CIP05-96920000$450,000 450,000Kaplan Drive Culvert Upgrade

$1,650,000

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Transferred To:

470-2240-792020-00975-CIP05-96910000 $ 500,000Lail Court Culvert Upgrade

470-2240-792020-00975-CIP05-96920000 550,000Kaplan Drive Culvert Upgrade

470-2240-792020-00975-CIP05-91470000 600,000Swift Drive Culvert$1,650,000

22.3 Wake Forest Sewer System Rehabilitation ProjectFour bids were received on October 27, 2011, for the Wake Forest Sewer SystemRehabilitation Project. T.A. Loving Co. submitted the low bid in the amount of$746,715. T.A. Loving Co. submitted a 9.4 % SDMWOB participation plan.

Recommendation: Approve the low bid of T.A. Loving Co. in the amount of$746,715 and the budgetary transfer.

Transferred From:

349-5210-790010-975-CIP01-94170000 $208,628WF Collection System Impvts

349-5210-790010-975-CIP01-94260000 226,027Smith Creek WWTP





$746,715Transferred To:

349-5210-792020-943-CIP01-94170000 $746,715Wake Forest Collection System Impvts

23. TrafficOrdinances adopted by the City Council authorizing the following traffic changes willbecome effective seven days after Council action unless otherwise indicated.

23.1 One Hour Metered Parking Zone - Davie StreetIt is recommended that an existing One-Hour Metered Parking Zone located on

the south side of the 300 block of West Davie Street be adjusted to remove threeparking spaces that are located in the R-Line bus zone currently designated to beeffective during evening hours only.

After receiving numerous concerns from the public that this shared parking/buszone is confusing because of the time changes, staff recommends that themetered spaces be removed from inside the bus zone and that the bus zone bemade effective 24 hours.

Recommendation: Approve and amend the following Traffic Schedules.

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Delete from Traffic Schedule 20C:

Davie Street, south side, beginning at a point 69 feet west of Dawson Street,westward 166 feet

Add to Traffic Schedule 20C:

Davie Street, south side, beginning 70 feet east of Harrington Street, eastward105 feet

Delete from Traffic Schedule 19:

Davie Street, south side, 6:00 p.m. 6:00 a.m., beginning at a point 12 feet eastof Harrington Street, eastward 75 feet

Add to Traffic Schedule 19:

Davie Street, south side, beginning 10 feet east of Harrington Street, eastward 60feet.

23.2 No Parking Zones - Westbrook DriveIt is recommended that a No Parking Zone be established on the north side ofWestbrook Drive beginning 335 feet east of Six Forks Road, extending eastward115 feet, and on the south side from Six Forks Road, extending eastward 300feet.

A request was received from the Raleigh Police Department to restrict parking onWestbrook Drive to improve the sight distance issue at the entrance, as well asthe entrance for the church parking lot across the street which is used foroverflow parking.

Recommendation: Approve and amend the following Traffic Schedule.


Westbrook Drive, north side, beginning 335 feet east of Six Forks Road,eastward 115 feet

Westbrook Drive, south side, from Six Forks Road, eastward 300 feet.

23.3 No Parking Zone - Myakka CourtIt is recommended that a No Parking Zone be established on the south side ofMyakka Court beginning 470 feet west of Clarks Fork Drive, extendingwestward 70 feet.

A request was received from Talis Management Group on behalf of RiversideHomeowners Association to restrict parking along the greenway entrance locatedon Myakka Court to prevent people from blocking access to the greenway.

Recommendation: Approve and amend the following Traffic Schedule.


Myakka Court, south side, beginning 470 feet west of Clarks Fork Drive,westward 70 feet.

23.4 School Zone Speed LimitNorth Carolina Department of Transportation has established a municipal schoolspeed zone ordinance of 35mph for Perry Creek Road for North Raleigh

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Christian Academy. NCDOT also has a school zone ordinance for DillardElementary and Middle Schools. Since Perry Creek Road and Dillard Drive areon the state highway system, it is recommended that the City concur with theseordinances.

Recommendation: Approve and amend the Traffic Schedule.

Add to Traffic Schedule No. 5.B.1.a:

Dillard Drive, from 792 feet east of Jones Franklin Road to Smith Drive, 7:45-9:45am and 2:30-4:15pm, school days (Dillard Drive Elementary School)

Add to Traffic Schedule No. 5.B.1.b:

Dillard Drive, from 792 feet east of Jones Franklin Road to Smith Drive, 7:45-9:45am and 2:30-4:15pm, school days (Dillard Drive Middle School)

Add to Traffic Schedule No. 5.B.2.a:

Perry Creek Road, from 53 feet west of Bentley Circle to 950 feet west of US401, 7:15-8:30am and 1:30-3:35pm, school days (North Raleigh ChristianAcademy)

Add to Traffic Schedule No. 5.B.2.b:

Perry Creek Road, from 53 feet west of Bentley Circle to 950 feet west of US401, 7:15-8:30am and 1:30-3:35pm, school days (North Raleigh ChristianAcademy)

23.5 Speed Limit Reduction - Northwood Drive and Harps Mill RoadIt is recommended that the speed limit be reduced from 35 mph to 25 mph on thestreets listed above. All streets are classified as residential streets and areconstructed to typical residential street standards. This request meets therequirements of the adopted Neighborhood Traffic Management Program. A

signed petition has been received by staff representing at least 75% of theresidents or property owners along each street in support of this speed reductionrequest.


Add to Traffic Schedule 5.A.1 (25 mph):

Northwood Drive, in its entirety

Harps Mill Road, from Gresham Lake Road to Litchford Road

Delete from Traffic Schedule 5.A.2 (30 mph):

Harps Mill Road, in its entirety #935, 7/16/96

Add to Traffic Schedule 5.A.2 (30 mph):Harps Mill Road from Newton Road to Litchford Road

23.6 Taxi Zone Removal - North StreetIt is recommended that a Taxi Zone located on the north side of North Street justwest of Glenwood Avenue be removed.

A request was received by the owner of Hibernian Restaurant and Pub, located at311 Glenwood Avenue, to remove a taxi zone located on North Street adjacent to

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his business. This taxi zone is not being utilized, and removing it would createmore available on-street parking.



North Street, north side, 3:00 a.m. to 5:00 p.m., beginning 25 feet west ofGlenwood Avenue, westward 60 feet.


North Street, north side, beginning 25 feet west of Glenwood Avenue, westward60 feet.


North Street, north side, 5:00 p.m. to 3:00 a.m., beginning 25 feet west ofGlenwood Avenue, westward 60 feet.

North Street, north side, 5:00 p.m. to 3:00 a.m., beginning at a GlenwoodAvenue, westward 110 feet, westward 110 feet.

THIS IS THE END OF THE CONSENT AGENDA

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D. REPORT AND RECOMMENDATION OF THE PLANNING COMMISSIONThe Planning Commission recommendations on the following items were unanimous. TheCouncil may wish to consider these items in the same manner as items on the consent agenda.Items marked with one asterisk (*) beside the Certified Recommendation number are locatedwithin flood-prone areas. Items marked with the pound sign (#) beside the Certified

Recommendation number are located within the Falls Basin or the Swift Creek WatershedProtection Area. Items marked with the plus sign (+) beside the Certified Recommendationnumber indicate special conditions for stormwater management. Items marked with (VSPP)beside the Comment indicate that a Valid Statutory Protest Petition has been filed. **DenotesDrainage Basins

CR

Number

Subject Vote Recommendation

s

Comments

(1) CR-11435 Z-17-11 8-0 Approval,Conditional Use

Rock Quarry Road,west side, south of itsintersection with Battle

Bridge Road**(BigBranch) (South CAC)


Falls of Neuse Road,south side, east of itsintersection withHoneycuttRoad**(Neuse)(NorthCAC)

(THE FOLLOWING ACTIONS WERE TAKEN BY THE PLANNING COMMISSION AT

THEIR NOVEMBER 22, 2011 MEETING, BUT NOT BY UNANIMOUS VOTE)


Six Forks Road, eastside, south of itsintersection withFeatherstoneDrive**(Mine)(NorthCAC)

(THE FOLLOWING ACTIONS WERE TAKEN BY THE PLANNING COMMISSION AT

THEIR NOVEMBER 22, 2011 MEETING, BY UNANIMOUS VOTE

(1) Z-17-11 Rock Quarry Road, west side, south of its intersection with Battle BridgeRoad**(Big Branch)(South CAC)

This is a request to rezone property from Residential-4 to Neighborhood BusinessConditional Use District and Residential-10 Conditional Use District.

CR-11435 from the Planning Commission finds that the proposed rezoning isinconsistent with the Comprehensive Plan. However, based on the findings and reasonsstated herein, recommends that the request be approved in accordance with zoningconditions dated November 22, 2011.

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(2) Z-19-11 Falls of Neuse Road, south side, east of its intersection with HoneycuttRoad**(Neuse)(North CAC)

This is a request to rezone property from Neighborhood Business and Residential-4 toNeighborhood Business Conditional Use District.

CR-11436 from the Planning Commission finds that the proposed rezoning isinconsistent with the Comprehensive Plan. However, based on the findings and reasonstated herein, recommends that the request be approved in accordance with zoningconditions dated November 23, 2011.

(3) Z-18-11 Six Forks Road, east side, south of its intersection with FeatherstoneDrive**(Mine)(North CAC)

This is a request to rezone property from Residential-4 to Office and institution-1Conditional Use District.

CR-11437 from the Planning Commission recommends that the proposed rezoning is

consistent with the Comprehensive Plan, and recommends approval in accordance withthe zoning conditions dated November 22, 2011.

E. SPECIAL ITEMS1. Rezoning Z-21-11 - South Person Street and South Blount Street

During the November 15, 2011, City Council meeting the Report and Recommendationof the Planning Commission presented the following item:

Z-21-11 - South Person Street and South Blount Street, in the general vicinity ofSouth Person Street and South Blount Street**(Walnut Creek)(Central CAC)

This is a request to apply Historic Overlay District zoning to properties zoned

Residential Business with Downtown Overlay District, Residential BusinessDistrict, Neighborhood Business, Neighborhood Business with DowntownOverlay District, Business with Downtown Overlay District.

CR-11431 from the Planning Commission recommends approval.

Councilor Weeks requested that the rezoning be placed on this agenda as a Special Item.

2. SP-35-2011 - Carolina Ale House, 500 Glenwood Avenue - Right-of-Way VarianceRequest

During the November 15, 2011, City Council meeting an evidentiary hearing was held ona request from Moshakos Glenwood, LLC to grant a variance from City Code Section 10-3004 requiring additional right-of-way dedication along the property's Glenwood Avenuefrontage. The request is associated with SP-35-11, Carolina Ale House.

Following the hearing, Council voted to approve the request as presented. The CityAttorney was directed to draft the appropriate findings of fact and conclusions of law,which are included in the agenda packet. It would be appropriate to consider approval.

3. SP-52-2011 - 603 Glenwood Avenue - Right-of-Way Variance RequestDuring the November 15, 2011 City Council meeting, an evidentiary hearing was held toconsider a request from 603 Glenwood, Inc. to grant a variance from City Code Section

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10-3004 requiring additional right-of-way dedication along the property's GlenwoodAvenue frontage. This request is associated with SP-52-11.

Following the hearing, Council voted to approve the request as presented. The CityAttorney was directed to draft the appropriate findings of fact and conclusions of law,which are included in the agenda packet. It would be appropriate to consider approval.

F. REPORT AND RECOMMENDATION OF THE CITY MANAGER1. Wake County 2040 Transit Plan / CAT Three Year Transit Plan

Capital Area Transit (CAT) and the Capital Area Metropolitan Planning Organization(CAMPO) funded a 2040 Bus Transit plan in October, 2010. This plan was developed inorder to provide detailed plans regarding future bus service expansion should a half-centsales tax referendum be successful in 2012 or in later years. The bus plan used the railcorridors defined by Triangle Transit Authority to develop a County-wide plan that willlink all 12 municipalities with commuter bus service, local bus service, and the additionof decreased headways in existing corridors served by transit. The plan was truly aCounty-wide effort as all member jurisdictions of CAMPO had the opportunity to

comment and ultimately endorse the final plan.The bus plan will be a critical component of a future referendum for transit; this planprovides details regarding the services that each municipality will receive. A future railinitiative may take up to a decade to implement; the bus component can begin within 12to 18 months of a referendums passage. The bus plan will be the key element that willprovide an immediate return on investment should a referendum be placed on a futureballot.

In addition to the Wake County 2040 Bus Plan, CAT has also developed a short rangethree year planning component. The initial phases of the CAT short range transit planidentify service realignments from underutilized services that may be used to alignCATs existing service design with the 2040 Transit Plan. In addition, the reallocation of

these resources will allow CAT to reduce headways on two key corridors in immediateneed of additional service, New Bern Avenue and Capital Boulevard. The realignmentsand the subsequent increases in service can be accomplished with no new revenue. Laterphases of the CAT short range transit plan will require additional revenue, such as afuture half-cent sales tax. The CAT Short Range Transit plan has not yet been adoptedby the Raleigh Transit Authority; staff is currently seeking public comment on the plan.

Recommendation: Receive as information. Staff will provide a brief overview of theplans and be available to respond to questions.

G. REPORT AND RECOMMENDATION OF THE HUMAN RELATIONS COMMISSION1. Defense of Marriage Constitutional Amendment

The City of Raleigh Human Relations Commission recommends that the City Councilmake a public pronouncement against the anti-gay marriage amendment recentlypassed by the General Assembly and which is scheduled to appear on the May, 2012ballot. The language which is to appear on the ballot is as follows: Marriage between aman and a woman is the only domestic legal union that shall be valid or recognized inthis state. This section does not prohibit a private party from entering into contracts withanother private party; nor does this section prohibit courts from adjudicating the rights ofprivate parties pursuant to such contracts. Representatives from the Commission will bepresent to respond to questions.

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H. REPORT AND RECOMMENDATION OF THE RALEIGH HISTORICDEVELOPMENT COMMISSION

1. Historic Landmark ApplicationsThe three following properties were the subject of a joint public hearing November 1,

2011 to receive public comment on the historic landmark reports, ordinances, andproposed Raleigh Historic Landmark designations:

Cameron-Maynard-Gatling House, 504 East Jones StreetFree Church of the Good Shepherd, 110 S East StreetGrand United Order of Odd Fellows Building, 115 East Hargett Street.

The Raleigh Historic Development Commission (RHDC) reconvened at its regularmeeting on the morning of November 15 to review the Department of Cultural Resourcesrecommendations and the public hearing comments and to finalize its recommendationson the proposed designations and draft ordinances. The Commission voted unanimouslythat the properties meet the criteria for designation.

Recommendation: Adopt ordinances designating these properties Raleigh Historic

Landmarks.

I. REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMICDEVELOPMENT COMMITTEE

1. No report.

2. Items Pending

Item #09-41 - IT Department - Enterprise Content Management (11/1/11)Item #09-42 - PROP/Rental Registration - Updates (11/15/11)

J. REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNINGCOMMITTEE

1. No report.

2. Items Pending

Item #09-05 TC-7-09 Front Yard Parking for Single Family Detached Dwellings(2/16/10)

Item #09-26 Traffic Impact Analysis Glenwood Avenue/Lead Mine Road Intersection(4/5/11)

K. REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETYCOMMITTEE

1. Temporary Events - Use of Sidewalks; Sign Violation - 8721 Glenwood Avenue; andSpecial Events Permits - Suggested ChangesThe Committee recommends no changes to the current City policy regarding use of thepublic right-of-way for business advertising. The Committee also recommends that theCity Council establish a Task Force made up of seven people to specifically providerecommendations to the Council regarding Special Event signage for private businesseson private property. The Committee recommends that the Task Force appointed by theCouncil include representation from stakeholder groups, including the Appearance

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Commission and the Greater Raleigh Merchants Association, and that the Task Forcereport back to Council within 90 days.

2. Items PendingNone.

L. REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE1. No report.

2. Items Pending

None.

M. REPORT OF MAYOR AND COUNCIL MEMBERSN. APPOINTMENTS

The following committees have appeared on past agendas and some nominations have beenmade. The Council may take action to make appointments or if the nominations have not beenclosed, which would be indicated on the agenda, additional nominations may be made on the

ballot in the agenda packet. An asterisk beside a name means that person is presently serving onthat board or commission.

Substance Abuse Advisory Commission - One Vacancy

No nominees.

2012 Environmental Awards Program - Jury

The City Council is responsible for appointing four (4) jurors to the 2012 Environmental AwardsProgram Jury: two (2) from the professional scientific community and two (2) at-large membersof the community.

No nominees.

O. NOMINATIONSRaleigh Transit Authority One Vacancy

A letter of resignation has been received from Sylvia D. Hackett. If the City Council follows pastpractice, it would be appropriate for the Council to elevate the longest-serving alternate member,Regina Price, and declare a vacancy for an alternate member.

Stormwater Management Advisory Commission Two Vacancies

The terms of Bob Mulder and Kevin Boyer are expiring. Mr. Mulder is not eligible forreappointment due to length of service. Mr. Boyer is eligible for reappointment, has an excellentattendance record, and would like to be considered for reappointment.

P. REPORT AND RECOMMENDATION OF THE CITY ATTORNEY1. In order to bring Firearms Regulations found in the City Code into conformance with

State Enabling Laws, Council should consider revising applicable sections of the Code.A proposed ordinance is included in the agenda packet.

Recommendation: Adopt the proposed Ordinance.

2. Included in the agenda packet are three extensions of Joint Use Agreements between theCity of Raleigh and the Wake County Public School System.

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Recommendation: Approve the extensions of the Joint Use Agreements.

Q. REPORT AND RECOMMENDATION OF THE CITY CLERK1. Minutes of the November 15, 2011 Council meeting will be presented.

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Sidewalk AR 404A Edwards Mill Road Extension (PW 2008-5) according to chargesoutlined in Resolution 2011-475 adopted on November 1, 2011.

Water AR 1344 Edwards Mill Road Extension (PW 2008-5) according to chargesoutlined in Resolution 2011-476 adopted on November 1, 2011.

Water AR 1344A Edwards Mill Road Extension (PW 2008-5) according to charges

outlined in Resolution 2011-477 adopted on November 1, 2011.

U. EVIDENTIARY HEARING - CANCELLED1. A hearing to consider a request from the developers of 8215 Leesville Road, Corporation

of the Presiding Bishop of Jesus Christ of Latter-Day Saints, to grant a variance fromSection 3.6 of the Streets, Sidewalks and Driveways. Handbook requiring constructionof a 1500-foot collector/connector road. This request is associated with a preliminary siteplan on the property, case number SP-47-11 Church of Jesus Christ of Latter-Day Saints.The evidentiary hearing for this permit request is being held pursuant to City CodeSection 10-3004.

This hearing has been cancelled, as the issue is being handled administratively.