City Council Agenda1-6

8/14/2019 City Council Agenda1-6

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Charles C. Meeker, Mayor

James P. West, Mayor Pro Tem

Mary-Ann Baldwin

Thomas G. Crowder

Philip R. Isley

Rodger Koopman

Nancy McFarlane

Russ Stephenson

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

JANUARY 6, 2009

THE COUNCIL CHAMBER


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City Council Agenda January 6, 2009

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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, pleaseprovide a 24-hour notice by calling 890-3100 (voice) or 890-3107 (TDD).

A.

MEETING CALLED TO ORDER BY THE MAYOR1. Invocation - The Reverend Monsignor Jerry M. Sherba, Rector of Sacred Heart Cathedral2. Pledge of Allegiance

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 agendaand considered separately. The vote on the consent agenda will be a roll call vote.

1. Certification of Consistency - Raleigh Housing AuthorityThe Consolidated Plan incorporates efforts by the Raleigh Housing Authority to establishlong range goals to provide affordable housing to very low-income residents. Included inthe Plan for fiscal years 2009-2014 is a description of the Raleigh Housing Authoritysgoals for capital improvements and policies that support the needs of its residents. TheRaleigh Housing Authority has increased its citizen participation efforts and their Boardof Commissioners approved the Consolidated Plan. The Raleigh Housing Authority hasconsistently been rated as a high performer by the United States Department of Housingand Urban Development.

The Community Development staff has reviewed the request for certification and hasdetermined it is consistent with the City of Raleighs adopted Five Year ConsolidatedPlan.

Recommendation:Authorize the Mayor to sign a Certification of Consistency with the Citys ConsolidatedPlan for the Raleigh Housing Authoritys 2009-2014 Five-Year Plan and 2009 AnnualPlan.

2. Dix Soccer Fields - Temporary UseThe City has a long-term lease with the State of North Carolina for the Dix soccer fields.The State Property Office contacted the City Managers Office seeking the Citys consentto a temporary use of the least improved of the Dix soccer fields as a laydown yard forconstruction at Central Prison. The field is covered with dirt removed from ConventionCenter construction. It has not been properly leveled and seeded for use as a soccer field.The anticipated period of temporary use is 24 months. At the end of the time period, the

field will have all construction related materials removed and it will be properly leveledand seeded as a soccer field. CASL has agreed to the temporary use. The CityAttorneys Office has reviewed the authorization letter for environmental liability issuesand determined that the Citys interests will be protected.

Recommendation:

Approve this variation from the existing lease between the State and the City for thesoccer fields at Dix.
http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/01CD_Certification_of_Consistency_RHA.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/01CD_Certification_of_Consistency_RHA.pdf


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3. Housing Assistance - City EmployeesAccording to Section 33(b) of the Charter of the City of Raleigh (being Chapter 1184 ofthe 1949 Session Laws, amended by S.L. 1991-312, S.L. 1993-649 and S.L. 1995-323,Section 1b) reads as written . Nor shall any such official or employee be prohibitedfrom participating in any rental or home ownership program sponsored or operated by the

City, so long as the official or employee meets all the criteria for the program Theaward of any such housing assistance to an employee shall be noted in the minutes of theCity Council. The following City employee complied with all the criteria whichqualified them to purchase property with the assistance of the first time homeownersprogram administered by the Community Development Department: Christine Alston.

Recommendation:

So note that in compliance with the Charter of the City of Raleigh, City employee Alstondid purchase property by meeting the criteria and participating in a City homeownershipprogram.

4. Police Department Handgun ExchangeIt is requested that a resolution be adopted to authorize the exchange of public property aspermitted under G.S. 160A-271, to wit: Police Department Handguns. This exchangewill occur at no cost to the City of Raleigh.

The current Smith and Wesson 4566 handguns used by officers are approaching ten yearsold. These weapons are now purchased by special order and are more expensive than thenew model weapons containing better technology and features. Support gear for theexisting weapon is not readily available.

Smith and Wesson handguns have been used by the Department for almost thirty years.In an attempt to keep the Raleigh Police Department equipped with Smith and Wessonequipment, Smith and Wesson has offered to complete an even exchange of Model 4566.45 caliber handguns for new M&P .45 caliber handguns. This one time exchange offerrepresents a significant savings to the Police Department and the City of Raleigh. Smith

and Wesson has made similar offers to other departments.

Police Department Staff tested several weapons over the last year and a half anddetermined the Smith and Wesson M&P weapon system is the most appropriate for theofficers. This is the handgun recommended by Police Department staff before this offerwas made by Smith and Wesson. This weapon system comes with a lifetime warranty onall parts and the night sights have a twelve year warranty. Smith and Wesson hasprovided excellent customer service to the department in the past.

Recommendation:

Adopt the resolution authorizing the handgun exchange as outlined.

5. Proposed Comments on Draft 2008 Report of the Water Allocation Study TeamIn response to a series of historic droughts in North Carolina, a Water Allocation Studyteam was assembled by the North Carolina General Assembly and subsequentlyrequested to examine the many serious water resource issues facing our state. As such,this team has produced a draft set of recommendations which have been recently releasedfor public review and comment before its final submission to the North Carolina GeneralAssembly.
http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/02PU_2008_Draft_Water_Allocation_Study_Team_Report_and_COR_Comments.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/02PU_2008_Draft_Water_Allocation_Study_Team_Report_and_COR_Comments.pdf


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Staff from the City Attorneys office, with the aid of the Public Utilities department, hastaken this opportunity to develop comments to the Water Allocation Study teamregarding the draft report. The comment deadline is January 9, 2009.

Please see the documents in the agenda packet for detailed information describingspecific recommendations from City of Raleigh staff and the draft document itself.

Recommendation:

Approve the proposed comments on the Draft 2008 Report of the Water Allocation StudyTeam for submission to the North Carolina Environmental Review Commission.

6. Proposed Interest Rate Conversion - Series 2004A Downtown Improvement COPsTo mitigate the effect on the variable interest rate market from the national creditsituation and subsequent downgrade of DEPFA Bank as liquidity provider for the Series2004A Downtown Improvement Certificates of Participation ($55 million), the City hasdeveloped a plan to use up to a three-year fixed rate note to convert and purchase thecertificates from the liquidity provider and convert the interest rate to a long-term rate.At the end of the note period, the City would make a decision on the long-term structureof the debt based on market conditions at that time.

To proceed, Council will need to pass a resolution making certain determinations andfindings; authorizing the adjustment of the interest rate determination method for a periodnot to exceed three years; ratify certain actions taken by City staff with respect to existingagreements and entering new agreements related to the interest rate conversion, includinga new remarketing agreement and authorizing City staff to execute and deliver suchinstruments necessary to effect the conversion.

Suggested proceedings prepared by bond counsel are in the agenda packet.

Recommendation:

Adopt the resolution and authorize related actions.

7.

Petition AnnexationsArea Name Contiguous Petitioner Acres Proposed Use

Crabtree ChiropracticCenter

Charles Burton Kubasko 1.43 Commercial

Raleigh North ChristianCenter

Jeffrey Chapman, Sr. 6.10 Institutional

H6-Wake County HighSchool

Donald M. Haydon/Chief FacilitiesOfficer/Wake County Public Schools

80.80 Institutional

Satellite Petition

Macko Subdivision Edward J. & Margaret W. Macko 2.97 Residential

Recommendations:

a. That these annexation petitions be acknowledged and that Council requests the CityClerk to check their sufficiency pursuant to State statutes, and except as noted below,and if found sufficient advertise for public hearings on Tuesday, February 3, 2009.

b. That the H6-Wake County High School annexation petition be acknowledged andthat the Council request the City Clerk to check its sufficiency pursuant to Statestatutes and if found sufficient advertise for public hearing on Tuesday, February 17,2009. Council should also authorize staff to accept a corresponding rezoning petition
http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/03Finance_Conversion_Interest_Rate_Mode_Series_2004A_COPs.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/04Planning_Annexation_Petitions.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/04Planning_Annexation_Petitions.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/03Finance_Conversion_Interest_Rate_Mode_Series_2004A_COPs.pdf


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for this site. In addition the applicant requests a special hearing for the correspondingrezoning petition be held on March 3, 2009, (see subsequent Requests and Petitionsof Citizens agenda item). The H6-Wake County High School site is located outsideRaleighs ETJ adjacent to the annexation agreement boundary with the Town ofWake Forest. The Town of Wake Forest should be given the required notification ofthese petitions and the request to waive the 60 day notification period prior to

annexation ordinance adoption. City Council adopted an annexation policy(Resolution 2008-460) not to accept any annexation petition requests for propertyoutside the existing Raleigh ETJ or property in an area formally being considered forextension of Raleigh's ETJ with exceptions. This annexation petition meets exceptioncriteria that states property that is publicly owned land.

c. Because the property referenced as Macko Subdivision is connecting to City wateronly and City sewer is not available at this time, it is recommended that theannexation of this property be deferred.

8. Parade Routes8.1 Governors Inauguration Parade - South Wilmington Street Vicinity

Christy Agner, representing Governor Elect Bev Perdues office, requestspermission to hold a parade on Saturday, January 10, 2009, from 11:00 a.m. until2:00 p.m.

Recommendation:

Approve subject to conditions on the report in the agenda packet.

8.2 Martin Luther King, Jr. Celebration Parade - Various Streets in theBicentennial Plaza Vicinity

David Prince, representing the Martin Luther King Celebration Committee,requests permission to hold a parade on Monday, January 19, 2009, from 11:00a.m. until 12:00 p.m.

Recommendation:


9. Road Races9.1 Run for the Roses - Halifax Street Vicinity

Andrea Bachl Johnson, representing the North Carolina Road Runners Club,requests a street closure on Sunday, February 8, 2009, from 12:00 p.m. until 3:30p.m. for a road race.

Recommendation:


9.2 Get Your Rear in Gear - Fletcher Park VicinityBenji Jones, representing the Raleigh Colon Cancer Coalition, requests a streetclosure on Saturday, March 7, 2009, from 8:30 a.m. until 10:30 a.m. for a roadrace.

Recommendation:

http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/05Police_Governors_Inauguration_Parade.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/06Police_MLK_Parade.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/06Police_MLK_Parade.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/07Police_Run_for_the_Roses.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/08Police_Get_Your_Rear_in_Gear.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/08Police_Get_Your_Rear_in_Gear.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/07Police_Run_for_the_Roses.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/06Police_MLK_Parade.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/05Police_Governors_Inauguration_Parade.pdf


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9.3 Fleet Feet Sports - Multiple Sclerosis Society - South Person Street VicinityAmanda Clark, representing the Fleet Feet Sports Raleigh, requests a streetclosure on Sunday, March 8, 2009, from 2:00 p.m. until 10:00 p.m. for a roadrace and after party.

She also requests a waiver of all City Ordinances concerning the possession and

consumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances.

Recommendation:


9.4 Run for the Oaks - South Person Street VicinityKira Steward, representing the City of Raleigh Parks and Recreation Department,requests a street closure on Saturday, March 14, 2009, from 8:30 a.m. until 11:00a.m. for a road race.

Recommendation:

Approve subject to conditions on the report in the agenda packet.9.5 Bolt for the Blue - Haywood Street Vicinity

Ronnie Sharpe, representing Ligon Middle School, requests a street closure onSaturday, March 21, 2009, from 8:00 a.m. until 11:00 a.m. for a road race.

Recommendation:


9.6 Magellan Charter School - End of School Year Celebration Race -Fayetteville Street Vicinity

Trish Villareal, representing the Magellan Charter School, requests a street

closure on Saturday, May 2, 2009, from 8:00 a.m. until 9:00 a.m. for a road race.Recommendation:


9.7 Capital City Classic - Fayetteville Street VicinityKeith Mathis, representing the Capital City Classic Club, requests a street closureon Saturday, May 9, 2009, from 6:00 a.m. until 11:00 a.m. for a road race.

Recommendation:


9.8 International Dyslexia Association - Cedarview Road VicinityAmy Lawrence, representing the North Carolina Branch of the InternationalDyslexia Association, requests a street closure on Saturday, May 16, 2009, from9:00 a.m. until 12:00 p.m. for a road race.

Recommendation:

http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/09Police_Fleet_Feet_Sports.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/10Police_Run_for_the_Oaks.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/11Police_Bolt_for_the_Blue.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/12Police_Magellan_Charter_School.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/12Police_Magellan_Charter_School.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/13Police_Capital_City_Classic.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/14Police_International_Dyslexia_Association.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/14Police_International_Dyslexia_Association.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/13Police_Capital_City_Classic.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/12Police_Magellan_Charter_School.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/11Police_Bolt_for_the_Blue.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/10Police_Run_for_the_Oaks.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/09Police_Fleet_Feet_Sports.pdf


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10. Temporary Street Closings10.1 100 Block Cabarrus Street

Doug Grissom, representing the Raleigh Convention Center, requests a streetclosure on Friday, January 9, 2009, from 12:00 p.m. until 12:00 a.m. for theGovernors Inauguration Ball.

Recommendation:


10.2 100, 200 and 300 Blocks of Fayetteville Street and the 00 Block of Hargett Street

Letesa Blue, representing the Queens Together Motorcycle Club, requests a streetclosure on Saturday, April 4, 2009, from 9:00 a.m. until 9:00 p.m. for a streetfestival and stunt show.

She also requests the encumbrance of parking spaces on the 200 and 300 blocksof South Salisbury Street and all parking spaces on the west side of the 200 and300 blocks of South Wilmington Street.

Recommendation:


11. Requests for Public HearingsThe Community Development department requests approval of the scheduling of twopublic hearings: one at the City Council meeting of January 20, 2009, for the purpose ofapplying for Neighborhood Stabilization funds through the state Division of CommunityAssistance (DCA); the other at the meeting of April 7, 2009, for the purpose of receivingpublic comment on the proposed Action Plan that covers the CDBG and HOME fundsannually received from the United States Department of Housing and UrbanDevelopment (HUD).

(1) Neighborhood Stabilization - Division of Community Assistance

The Federal government has made financial resources available to the City of Raleighand other North Carolina localities on a competitive basis through the Division ofCommunity Assistance to help address the blighting influences of foreclosed andabandoned properties on neighborhoods. The one-time program is referred to as theNeighborhood Stabilization Program (NSP). NSP applications are due the first week ofFebruary and require a public hearing that is advertised a minimum of ten days in thelocal newspaper. If the City of Raleigh is successful in applying for these funds the grantmay be used to acquire land and property, to demolish or rehabilitate abandonedproperties, and to offer down-payment and closing cost assistance to low- to moderate-income homebuyers. In addition, grantees may create "land banks" to assemble,

temporarily manage, and dispose of vacant land for the purpose of stabilizingneighborhoods and encouraging re-use or redevelopment of such property.

A total of $52.3 million has been allocated to the state of North Carolina for distributionamong local governments and nonprofit organizations. The amount of funding to bemade available to a single city will be between $2 million to $5 million. Up to 5% of thefunding received by Raleigh (or between $100,000 and $250,000) can be used toadminister the grant.
http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/15Police_Governors_Inauguration_Ball.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/16Police_Queens_Together_Motorcycle_Club.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/16Police_Queens_Together_Motorcycle_Club.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/17CD_Public_Hearing_Requests.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/17CD_Public_Hearing_Requests.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/16Police_Queens_Together_Motorcycle_Club.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/15Police_Governors_Inauguration_Ball.pdf


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(2) Public Hearing - Community Development Action Plan

The Community Development Department is required to provide a minimum of twopublic meetings as part of the citizen participation process for an approved One YearAction Plan for FY 2009-10, which must be delivered to HUD by May 15, 2009. Thefirst public meeting occurred December 15, 2008, at the beginning of the planning

process for the purpose of obtaining views on housing and community developmentneeds and to identify priorities for future funding. The purpose is to allow low-incomehouseholds, nonprofit organizations, and other interested parties to identify problemswithin their neighborhoods and present proposals. The second required public commentvenue is a public hearing held at a regularly scheduled City Council meeting, requestedfor Tuesday, April 7, 2009, which will provide another opportunity for public commentson the proposed Plan before it is approved by the City Council and transmitted to HUD.

Recommendation:

Approve scheduling of the Tuesday, January 20, 2009, public hearing on the CitysNeighborhood Stabilization Project application and the Tuesday, April 7, 2009, publichearing related to the development of the Citys 2009-2010 Action Plan.

12. Grants12.1 2009 Weed & Seed Grant

The Raleigh Police Department in partnership with Passage Homes is requestingpermission to submit an application to the U. S. Department of Justice -Community Capacity Development Office to seek funding for the 2009 Weed &Seed grant.

Funds will be used to continue the Thompson-Hunter Community Partnership inthe Southeast District of the City. The goal of the partnership is to prevent,control, reduce violent crime, drug abuse and gang activity. The Thompson-Hunter Community Partnership enters the fifth year for consideration of funding.Grant funds, if approved, will be used for equipment, overtime, travel/training,

and service programs.

The required match will be fulfilled by in-kind.

Project Costs:

Federal Funding (75%) $175,000.00Match (25%) $ 58,333.00Total $233,333.00

Recommendation:

Approve the request for the Raleigh Police Department to submit the grantapplication.

12.2 Federal Emergency Management Agency Grants - Repetitive Flood ClaimsThe Public Works Department is applying for Federal Emergency ManagementAgency (FEMA) 2009 grants. These grant applications are for fundingacquisition of building structures in flood prone areas within the City that floodfrequently and submit repetitive flood insurance claims.

The Stormwater Utility staff is working with the State Office of EmergencyManagement to determine the most feasible structures for acquisition that meetFEMA requirements and where the property owner has an interest inparticipating in the program.
http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/18Police_Grant_2009_Thompson_Hunter_Site_Summary_Number_1.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/18Police_Grant_2009_Thompson_Hunter_Site_Summary_Number_1.pdf


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This FEMA program involves several grants, some of which involve a Cityfunding match and others are 100% federally funded. Any City matchrequirement will be funded through the Flood Mitigation Program fundedannually in the Stormwater Utility Capital Improvement Program usingstormwater utility fees.

Recommendation:Authorize the City Manager to execute the grant applications and any agreementsthat may result from the grant application to the Federal Emergency ManagementAgency.

13. Easements13.1 Property Easement Request - 1509 Garner Road

A request has been received from Progress Energy for an easement on Cityowned property located at 1509 Garner Road for the purpose of locatingelectrical facilities for the Walnut Creek Environmental Education Center. TheParks and Recreation department is the maintenance manager of this propertyand project and is in agreement with the easement need. A report is in theagenda packet.

Recommendation:

Approve the easement request.

13.2 Sanitary Sewer Easement Exchange - Friendly Drive Road in RaleighA request has been received from Melvin E. Valentine, Jr., President ofHillsborough Ventures, LLC, property owner, to exchange existing 20-foot Cityof Raleigh sanitary sewer easements totaling approximately 543 linear feet andan existing 20-foot City of Raleigh water easement for a new 20-foot City ofRaleigh sanitary sewer easement located at the terminus of Friendly Drive roadand adjacent to the intersection of Stanhope Avenue and Concord Street in

Raleigh. The construction plans for the proposed sanitary sewer mains have beenreviewed by the City of Raleigh Public Utilities Department. The propertyowner is responsible for all costs of the easement exchange.

Recommendation:

Approve the easement exchange and authorize the City Clerk to advertise.

14. Consultant Services14.1 Clarence E. Lightner Public Safety Center CMAR Selection

On December 2, 2008, Council approved schematic design and proceeding withnext steps on the project including selection of a Construction Manager at Risk

(CMAR). Responses to a Request for Qualifications (RFQ) have been receivedfrom five (5) CMAR teams for provision of construction management servicesfor the project. Submittals were reviewed, three firms have been interviewed andranked in accordance with City policy and State statutes in a qualifications basedprocess. The three top ranked firms, in order of preference, are: (a) Clancy &Theys/Archer Western (a joint venture), (b) Holder Construction Company, and(c) Barnhill Contracting/Balfour Beatty (a joint venture).
http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/19AS_Property_Easement_Request_1509_Garner_Road.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/20PU_Easement_Sanitary_Sewer_Exchange_Friendly_Drive.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/20PU_Easement_Sanitary_Sewer_Exchange_Friendly_Drive.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/19AS_Property_Easement_Request_1509_Garner_Road.pdf


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Recommendation:

Authorize the City Manager, in accordance with City standard procedure, tonegotiate a contract for construction management services beginning with the topranked firm. If negotiations are not successful with the first firm, authorizeproceeding with negotiations with each successive firm until an agreement can be

reached.14.2 Enterprise Resource Planning (ERP) System Organizational Change

Management Services

On May 20, 2008, Council authorized execution of a contract with TATC, Inc. inthe amount of $722,166 for Organizational Change Management Services tofacilitate implementation of the ERP System. During the course of work on theERP Project, TATC, Inc. and the City of Raleigh staff mutually agreed that itwas in the best interest of both parties to cancel the Citys contract with TATC,Inc. A new Request for Proposals was issued in November, 2008; five proposalswere received by the RFP deadline of December 10, 2008. The top threeproposals as determined and ranked by an evaluation committee of ERP projectteam members and as approved by the ERP Sponsor Committee follow:

Meridian Consulting, LLCNew Millennia LLCLasting Impact

Following formal evaluation of the top three proposals, it is recommended thatthe City contract with Meridian Consulting, LLC to provide the necessaryOrganizational Change Management Services for successful implementation ofthe ERP System. Funds are available in the project budget to provide for thesecontract services.

Recommendations:

a. Authorize termination of the contract with TATC, Inc.

b. Authorize the City Manager to execute a contract with Meridian Consulting,LLC in the amount of $577,996.

14.3 Harps Mill/Haymarket Lane Improvement ProjectsCouncil previously authorized development of conceptual and preliminarydesigns for improvements in the North Ridge area. Brown & Caldwell, anengineering consulting firm, has completed the preliminary designs for drainagesystems improvements in the Haymarket Lane and Harps Mill Road area.Structural flooding and street flooding occurs at these locations because ofinadequate storm drainage facilities in this area.

In order to move this project forward to construction, Administration

recommends the retention of Brown & Caldwell to prepare construction plansand specifications for the final designs of this project.

Transferred From:

470-8659-79001-975 Stormwater System Repairs $305,000.00

Transferred To:

470-9662-79201-975 Harps Mill Drainage $305,000.00


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Recommendation:

Authorize Administration to negotiate a contract with Brown & Caldwell tocomplete final designs and contract specifications for the drainage systemsimprovements in the Haymarket Lane and Harps Mill Road area project,authorize the City Manager to execute the design contract and approve the

transfer.14.4 Brockton Lake Stormwater Improvement Projects

Council previously authorized development of conceptual and preliminarydesigns for the Brockton Drive Lake project. Camp Dresser & McKee, anengineering consulting firm, has completed the preliminary designs for the lakeand other drainage improvements. Structural flooding occurs at this locationbecause of inadequate storm drainage facilities for the lake and surrounding area.In addition, this project is part of the Citys Lake Preservation program list ofprojects. Improvements to the lake and spillway are also necessary to meet StateDam Safety requirements and improve water quality.

In order to move this project forward to construction, Administration

recommends the retention of Camp Dresser & McKee to prepare constructionplans and specifications for the final designs of this project. Funding for the finaldesign of this project was approved by Council as part of the current StormwaterUtility Capital Improvement Program. Funds are available in 475-9347-79001-975 and will be transferred administratively.

Recommendation:

Authorize Administration to negotiate a contract with Camp Dresser & McKee tocomplete final designs and contract specifications for the lake and drainageimprovements on the Brockton Drive Lake project and authorize the CityManager to execute the design contract.

15. Contract Amendments15.1 Heery International, Amendment No. 12 - Convention Center

The City currently has an agreement with Heery International, PC for projectmanagement assistance on the new Raleigh Convention Center. ContractAmendment #12, in the amount of $190,000 is for additional projectmanagement services. It is estimated this would be the final amendment for fulltime services needed from Heery.

Funding is from the Interlocal Agreement and within the Convention Centerconstruction budget.

Recommendation:

Authorize the City Manager to execute Amendment #12. Funds are availableand will be transferred administratively.

15.2 RMF Engineering, Convention Center - Amendment #3The City currently has an agreement with RMF Engineering to providefundamental commissioning services on the new Raleigh Convention Center.This Amendment (#3), in the amount of $41,858 will authorize RMFEngineering to provide additional Commissioning Services to the project inaccordance with LEED version 2.2 and credit EAc3.

Funding is from the Interlocal Agreement.


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Recommendation:

Authorize the City Manager to execute RMF Engineering Amendment #3. Fundsare available and will be transferred administratively.

15.3 Chas. H. Sells, Inc (now WSP Sells) - Honeycutt Creek GreenwayThe design process for Honeycutt Creek Greenway was conducted through 2006and 2007. During this design process additional services were required. TheParks and Recreation Department has negotiated a contract amendment fee forPhase 2 for design services with WSP Sells for the Honeycutt Creek GreenwayProject in the amount of $161,851.04. This fee is for services to prepare designdevelopment drawings to a 100% level.

Recommendation:

Authorize staff to proceed with increasing the Honeycutt Creek Greenway designservices contract with WSP Sells by $161,851.04. The new contract total will be$510,871.04. Funds for this contract are available in the project budget account636-9322-79001-975.

15.4 Annual Sewer System Capacity Analysis Project - Amendment #1The City currently has an agreement with ADS LLC, for the Annual SewerSystem Capacity Analysis Project. Contract Amendment #1, in the amount of$44,306, is for the addition of two permanent flow monitors to monitor flowfrom the Harris Creek Interceptor and the East Neuse Parallel Interceptor, PhaseI, to plan for the future extension of the East Neuse Parallel Interceptor, Phase II,project.

Recommendation:

Approve amendment #1 and the budgetary transfer.

Transferred From:

325-8468-79001-975 Main Replacement $44,306.00

Transferred To:

325-8331-79201-975 System Capacity Analysis $44,306.00

15.5 Geographic Information System Water and Sewer Updates Project -Amendment #3

The City currently has an agreement with Withers & Ravenel for the GeographicInformation System (GIS) Water and Sewer Updates for the City of Raleighservice area. Contract Amendment #3, in the amount of $87,943, is for theremaining portion of work to be put into the Citys GIS.

Recommendation:

Approve amendment #3 and the budgetary transfer.

Transferred From:

349-9175-76290-975 NRWWTP Aeration Blowers Replacement $ 68.60349-9247-79201-975 NRWWTP Solids Handling Improvements 55,776.00349-9247-79202-975 NRWWTP Solids Handling Improvements 21,622.32349-9406-79001-975 Crabtree Valley Sewer Replacement 10,476.08

$87,943.00


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Transferred To:

349-9665-79201-975 GIS System Updates $87,943.00

15.6 Little Creek Wastewater Treatment Plant Expansion, Phase I, Project -Amendment #3

The City currently has an agreement with Green Engineering for the Little CreekWastewater Treatment Plant Expansion, Phase I, Project. Contract Amendment#3, in the amount of $1,996,295, is for the design of the Phase I improvements toincrease the capacity of the Little Creek Wastewater Treatment Plant from 1.85million gallons per day to 2.20 million gallons per day and a significant portionof the Phase II improvements to ensure coordination with future plan expansionsrequired to increase the capacity of the Little Creek Wastewater Treatment Plantto 4.0 million gallons per day.

Recommendation:

Approve amendment #3 (transfer to be handled administratively).

Transferred From:

349-9744-79001-945 Little Crk WWTP Exp $1,996,295.00

Transferred To:

349-9744-79201-945 Little Crk WWTP Exp $1,996,295.00

15.7 Neuse River Wastewater Treatment Plant 15 Million Gallon per DayCapacity Expansion Project - Amendment #1

The City currently has an agreement with Hazen and Sawyer for the Neuse RiverWastewater Treatment Plant 15 Million Gallon per Day Capacity ExpansionProject. Contract Amendment #1, in the amount of $3,418,900, is for the designfee. The original contract was for a preliminary engineering report for theexpansion with the intent that the design fee would be added by amendment after

the report was complete so that the scope of services would be more clearlydefined.

Recommendation:

Approve Amendment #1 (transfer to be handled administratively).

Transferred From:

349-9496-79001-975 NRWWTP 15 MGD Expansion $3,418,900.00

Transferred To:

349-9496-79201-975 NRWWTP 15 MGD Expansion $3,418,900.00

16. Personnel Changes -Raleigh Convention Center ReclassificationThe Convention Center currently has a vacant Maintenance Worker I position (Pos1028), classification #4409, pay grade 25. It is requested to reclassify this vacantposition to a Service Specialist, classification #4002, pay grade 23. Funds are availablein the divisional salaries account for the remainder of the current fiscal year. ThePersonnel Department has reviewed the request and concurs with the reclassification ofthe position.

Recommendation:

Approve position reclassification.


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17. Budget Amendments17.1 Community Development

The following accounts should be increased by:

Revenue Account:

736-0000-53299-000 Hsg Dev Projects-Prior Year Appropriation $39,378.44

Expense Account:

736-3210-72520-320 Housing Development-Administration $39,378.44

Purpose:

De-obligate funds for reimbursement to Housing and Urban Development (HUD)of the difference between budgeted and actual expenditures for the July 1, 2007 -June 30, 2008, program year. The difference is a result of the reduction ofprojected Program Income, which in turn reduced the available CAP, with actualexpenditures exceeding the adjusted CAP.

17.2 Convention CenterThe following accounts should be increased by:

Revenue Account:

648-0000-53290-000 Miscellaneous Income $6,752.50

Expense Account:

648-9250-79499-950 Other Project Costs Reserve $6,752.50

Purpose:

Additional funds have been received from the sale of surplus (salvaged)equipment from property acquired for the Convention Center.


Revenue Account:

648-0000-53216-000 Donations $24,340.00

Expense Account:

648-9250-79499-950 Other Project Costs Reserve $24,340.00

Purpose:

Additional funds have been received from Cree to pay for design andconstruction work for CREE displays and signage related to the Shimmer wall

gift.


Revenue Account:

648-9952-53290-000 Miscellaneous Revenue $93,140.05


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City Council Agenda

Expense Account:648-9952-75204-975 Audio VisualPurpose:

January 6, 2009

$93,140.05

To appropriate funds received from the Raleigh Hall of Fame Committee andtransfer of $19,567.28 from Council Contingency to cover the cost of the RaleighHall ofFame display.

17.5 Economic DevelopmentThe following accounts should be increased by:Revenue Account:110-0000-52707-000 lnterlocal Agreement - St. Aug. Stadium $200,000.00Expense Account:110-2510-72441-301 St. Augustine Stadium $200,000.00Purpose:To create a budget to support the St. Augustine Stadium interlocal agreementapproved by Council on December 2, 2008.

17.6 Parks and RecreationThe following accounts should be increased by:Revenue Account:130-6464-53216-000 Donations/Fee Split Exempt RevenueExoense Accounts:130-6464-60011-560130-6464-62005-560130-6464-62006-560130-6464-70101-560130-6464-72013-560Purpose:

Salaries - PTSocial SecurityMedicareOperating SuppliesRSV - Program

$7,500.00

$4,500.00300.00100.002,000.00600.00

$7,500.00To increase revenues and expenditures to create revolving budget for the Sgt.Courtney T. Johnson center to accommodate recreation program opportunities forthe pUblic.

17.7 Parks and RecreationThe following accounts should be increased by:Revenue Account:130-6465-53216-000 Donations/Fee Split Exempt RevenueExpense Accounts:130-6465-60011-560 Salaries - PT130-6465-62005-560 Social Security

15

$7,500.00

$4,500.00300.00


16/32

City Council Agenda

130-6465-62006-560130-6465-70101-560130-6465-72013-560Purnose:

MedicareOperating SuppliesRSV - Program

January 6, 2009

100.002,000.00600.00$7,500.00

To increase revenues and expenditures to create revolving budget for the John P."Top" Greene center to accommodate recreation program opportunities for thepublic.18. Thoroughfare Facility Fee Reimbursement Contracts

2008 #20 Thoroughfare Facility FeeEastman Development Companies, LLC/Strickland Road/Priority 2 ProjectTotal Reimbursement $9,538.262008 #22 Thoroughfare Facility FeeNorth Hills Club Inc.!4824 Yakin Drive/Priority 2 ProjectTotal Reimbursement $7,905.602008 #23 Thoroughfare Facility FeeEvergreen Construction Company/Trawick Road/Priority 2 PrnjectTotal Reimbursement $36,322.25Recommendation:Approve contracts.

19. Change Orders19.1 Marsh Creek Skate Park - Change Order #1 - Diamond Contracting, Inc.

CompanyThis change order is for an increase of$144,241.60.Reason:Diamond Contracting has submitted a request for Change Order No. 1 for theconstruction of Marsh Creek Skate Park. Item 1 is a no-cost addition of "poolcoping" edge treatment; Item 2 is a credit ($6,380) for redesign of the entrancearea to avoid rock removal; Item 3 is an additional cost of $5,889 for redesign ofa bowl edge feature required for a bid alternate, a full-pipe bowl feature that wasnot taken; Item 4 is an additional cost in the amount of $144,732.60 for removalof rock and disposal for most of that rock off-site for a combined Change Orderof $144,241.60. Diamond further requests 43 days additional contract timeassociated with this work.History:Original Contract Amount:Change Order Request # 1New Contract Amount

16

$577,855.00$144,241.60$722,096.60


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Transferred From:

625-9819-79001-975 Marsh Creek Park Improvements $100,000.00636-9388-79001-975 Marsh Creek Community Center 15,753.60636-9339-79290-975 Marsh Creek Skate Park-Misc. 16,343.00636-9339-79301-975 Marsh Creek Skate Park-Testing & Boring 10,000.00

636-9339-79499-975 Marsh Creek Skate Park-Other Proj Costs 2,145.00$144,241.60

Transferred To:

636-9339-79202-975 Marsh Creek Skate Park-Gen. Constr. $144,241.60

Recommendation:

Approve Change Order #1 for Diamond Contracting Inc., in the amount of$144,241.60 for Marsh Creek Skate Park and authorize the associated budgettransfer.

19.2 Maxwell Wastewater Pump Station, Force Main and Water MainImprovements - Change Order #5 - Ralph Hodge Construction

This change order is for a net increase of $53,436.60.

Reason:

For additional work including the demolition of the Heather Hills Pump Stationand Southside Pump Station and Spring Drive sanitary and storm sewer repairswhich are located in the Garner service area.

History:

Original contract amount $1,209,088.50Previous net changes (ADD) $433,087.50New contract amount $1,695,612.60

Budgetary accounts to be amended:Transferred From:

349-9030-79001-975 Sanitary Sewer Pump Sta Removal $53,436.60

Transferred To:

349-9601-79202-975 Greenbrier/Maxwell Pump Sta Impv $53,436.60

Recommendation:

Approve the change order in the amount of $53,436.60, and the budgetarytransfer.

19.3 Falls Lake Raw Water Pump Station Improvements - Change Order #9 -Crowder Construction Company

This change order is for a net increase of $416,217.95 and time extension of 200calendar days.

Reason:

For additional work including rehabilitation and installation of an existing 40MGD Raw Water Pump with associated discharge piping modifications and conevalve installation.


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History:

Original contract amount $2,973,000.00Previous net changes (ADD) $1,660,407.72New contract amount $5,049,625.67

Budgetary accounts to be amended:

Transferred From:

348-9159-79001-975 VA Security Improvements $306,217.95

Transferred To:

348-9490-79202-975 Falls Lake RWPS Improvements $306,217.95

Recommendation:

Approve the change order in the amount of $416,217.95, time extension of 200calendar days, and the budgetary transfer in the amount of $306,217.95.

20. Transfers20.1 Community Development

It is recommended that the following transfer be authorized:

Transferred From:

736-7556-70804-320 S.Person - S.Blount Redev/Bldg Demo $ 9,886.20736-7556-71212-320 S.Person - S.Blount Redev/Relocation 41,113.80

$51,000.00Transferred To:

736-3210-71212-320 Housing Services-Ops/Relocation $51,000.00

Purpose:

To provide funding to cover the costs of relocations associated with theacquisition of units purchased with Bond funds.


Transferred From:

100-1040-72002-102 RSV- Contingency $19,567.28

Transferred To:

648-9952-79202-975 Cost of Work $19,567.28

Purpose:

To fund the difference in the amount raised by the Raleigh Hall of FameCommittee and funds required to complete the display.

20.3 Parks and RecreationThe following accounts should be increased by:

Transferred From:

505-9192-79001-975 Reserve - Capital Projects $95,810.00


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Transferred To:

100-6290-70990-534 Service Contracts $ 950.00100-6290-71301-534 Natural Gas Service 600.00100-6290-71302-534 Electric Service 28,000.00100-6290-71305-534 Telephone/Comm. (Hard Line) 1,600.00

100-6290-77921-534 310 W/S Reimb 800.00100-6290-70990-540 Service Contracts 16,860.00100-6290-71301-540 Natural Gas Service 1,000.00100-6290-71302-540 Electric Service 42,400.00100-6290-71305-540 Telephone/ Comm. (Hard Line) 2,000.00100-6290-77921-540 310 W/S Reimb 1,600.00

$95,810.00Purpose:

To provide funds to address interim funding for necessary operational costsduring the construction period associated with the Citys purchase of 6716 SixForks Road and 218 West Cabarrus Street facilities.

21. Bids21.1 Neuse River Wastewater Treatment Plant Additional Solids Dewatering

Facilities Project

Seven bids were received on November 18, 2008, for the Neuse RiverWastewater Treatment Plant Additional Solids Dewatering Facilities Project.Crowder Construction Company submitted the low bid in the amount of$2,805,000. Crowder Construction Company submitted a 10.1% MWBEparticipation plan.

Recommendation:

Approve the low bid of Crowder Construction Company in the amount of

$2,805,000 (transfer to be handled administratively).Transferred From:

349-9897-79001-975 NRWWTP Stand Alone Centrifuge $2,805,000.00

Transferred To:

349-9897-79202-975 NRWWTP Stand Alone Centrifuge $2,805,000.00

21.2 Line Segment #1 of the Southeastern Raleigh Reuse Distribution SystemProject

Twenty-four bids were received on December 2, 2008, for the Line Segment #1of the Southeastern Raleigh Reuse Distribution System Project. One bid was

rejected as non-responsive. Seaside Environmental Contracting submitted thelow bid in the amount of $1,162,658. Seaside Environmental Contractingsubmitted a 28.7% MWBE participation plan.

Recommendation:

Approve the low bid of Seaside Environmental Contracting in the amount of$1,162,658 (transfer to be handled administratively).

Transferred From:

349-8530-79001-975 NRWWTP Reuse $1,162,658.00
http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/21PU_Bid_NRWWTP_Additional_Solids_Dewatering_Facilities.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/21PU_Bid_NRWWTP_Additional_Solids_Dewatering_Facilities.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/22PU_-Bid_Line_Segment_1_Southeastern_Raleigh_Reuse_Distribution_System.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/22PU_-Bid_Line_Segment_1_Southeastern_Raleigh_Reuse_Distribution_System.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/22PU_-Bid_Line_Segment_1_Southeastern_Raleigh_Reuse_Distribution_System.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/21PU_Bid_NRWWTP_Additional_Solids_Dewatering_Facilities.pdf


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Transferred To:

349-8530-79202-975 NRWWTP Reuse $1,162,658.00

22. TrafficOrdinances adopted by the City Council authorizing the following traffic changes will

become effective seven days after Council action unless otherwise indicated.22.1 Speed Limit Reduction - Pleasant Meadows Drive

It is recommended that the speed limit be reduced from 35 mph to 25 mph onPleasant Meadows Drive from Stoney Run Drive to Lead Mine Road. PleasantMeadows Drive is classified as a residential street and is constructed as a 31-footback-to-back curb and gutter section on 50 feet of right-of-way with sidewalkalong the west side. This request meets the requirements of Resolution (1990)633, A Resolution on the Speed Limit Policy on Residential Streets. A signedpetition has been received by staff representing that at least 75% of the residentsand property owners along this street are in support of this request.

Recommendation:

Approve the reduction as proposed and amend the Traffic Schedule.

If approved, add to Traffic Schedule 5.A.1 (25 mph):

Pleasant Meadows Drive in its entirety.

22.2 Speed Limit Reduction - Radcliff RoadIt is recommended that the speed limit be reduced from 35 mph to 25 mph onRadcliff Road from Purdue Drive to Princeton Road. Radcliff Road is classifiedas a minor residential street and is constructed as a 27-foot back-to-back curb andgutter section on 50 feet of right-of-way with no sidewalks. This request meetsthe requirements of Resolution (1990) 633, A Resolution on the Speed LimitPolicy on Residential Streets. A signed petition has been received by staff

representing that at least 75% of the residents and property owners along thisstreet are in support of this request.

Recommendation:



Radcliff Road in its entirety.

22.3 Speed Limit Reduction - Stoney Run DriveIt is recommended that the speed limit be reduced from 35 mph to 25 mph onStoney Run Drive from Baileywick Road to Pleasant Meadows Drive. Stoney

Run Drive is classified as a residential street and is constructed as a 31-foot back-to-back curb and gutter section on 50 feet of right-of-way with sidewalk alongthe east side. This request meets the requirements of Resolution (1990) 633,AResolution on the Speed Limit Policy on Residential Streets. A signed petitionhas been received by staff representing that at least 75% of the residents andproperty owners along this street are in support of this request.

Recommendation:

http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/23PW_Traffic_Speed_Reduction_Pleasant_Meadows.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/24PW_Traffic_Speed_Reduction_Radcliff.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/25PW_Traffic_Speed_Reduction_Stoney_Run.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/25PW_Traffic_Speed_Reduction_Stoney_Run.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/24PW_Traffic_Speed_Reduction_Radcliff.pdfhttp://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306_207_0_43/http%3B/pt03/DIG_Web_Content/category/Government/Elected_Officials/AgendaPacket/23PW_Traffic_Speed_Reduction_Pleasant_Meadows.pdf


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Stoney Run Drive in its entirety.

22.4 Trailwood Hills Community - No Parking ZonesIt is recommended that No Parking Zones be established on one side of the

following streets: Buck Spring Court, Cassimir Court, Farlow Gap Lane,Horizon Hike Court, Lower Dry Falls Court, Tanawha Court and Upper DryFalls Court. This request was received from the Trailwood Hills HomeownersAssociation.

Recommendation:

Approve and amend the following Traffic Schedule.

Add to Traffic Schedule 13:

Buck Spring Court, south side, in its entirety.

Cassimir Court, north side, in its entirety.

Farlow Gap Lane, west side, in its entirety.

Horizon Hike Court, north side, in its entirety.

Lower Dry Falls Court, north side, in its entirety.

Tanawha Court, north side, in its entirety.

Upper Dry Falls Court, north side, in its entirety.

22.5 Lenoir Street - Fifteen-Minute Parking Time LimitIt is recommended that a fifteen minute parking time limit be established on thenorth side of Lenoir Street, beginning at a point 147 feet west of BloodworthStreet, extending westward 80 feet.

A request was received from Shaw University to create fifteen minute parking infront of their new child development center to supplement their parking.

Recommendation:

Approve and amend the following Traffic Schedule.

Add to Traffic Schedule 15A:

Lenoir Street, north side, beginning 147 feet west of Bloodworth Street,westward 80 feet.

22.6 Hillsborough Street - Temporary Parking RestrictionIt is recommended that a Temporary No Parking Zone be established on thesouth side of Hillsborough Street beginning at Dawson Street eastward 281 feet.

This change is requested by TA Loving Company, the contractors for the newCampbell Law School campus. The effective date of the parking restrictionwould be immediate.

Recommendation:

Approve and amend the Traffic Schedule.


Hillsborough Street, south side, beginning at Dawson Street eastward 281 feet.
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22.7 Cabarrus Street - Taxi ZoneIt is recommended that a Taxi Zone be established on south side of CabarrusStreet beginning 86 feet west of Salisbury Street westward 125 feet.

This change is to address concerns raised by several taxi cab companiesregarding access to the Raleigh Convention Center and surrounding businesses.

The adjacent property owners have been informed of the request and concur.

Recommendation:

Approve and amend the Traffic Schedules.

Delete from Traffic Schedule 15:

Cabarrus Street, south side, between McDowell Street and Salisbury Street.


Cabarrus Street, south side beginning 211 feet west of Salisbury Street westwardto McDowell Street.


Cabarrus Street, south side, beginning 86 feet west of Salisbury Street westward125 feet.

22.8 West Martin Street - Temporary Parking RestrictionIt is recommended that a Temporary No Parking Zone be established on thesouth side of West Martin Street between McDowell Street and Salisbury Street.

This change is made to establish adequate lane widths due to construction of anew Wake County complex project. The News and Observerhas been notified ofthe parking lane closure. The requested effective date is February 9, 2009.

Recommendation:

Approve and amend the Traffic Schedule.


Martin Street, south side, between McDowell Street and Salisbury Street.

THIS IS THE END OF THE CONSENT AGENDA
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D. REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION1. The Planning Commission recommendations on the following items were unanimous.

The Council may wish to consider these items in the same manner as items on theconsent agenda. Items marked with one asterisk (*) beside the CertifiedRecommendation number are located within flood-prone areas. Items marked with the

pound sign (#) beside the Certified Recommendation number are located within the FallsBasin or the Swift Creek Watershed Protection Area. Items marked with the plus sign (+)beside the Certified Recommendation number indicate special conditions for stormwatermanagement. Items marked with (VSPP) beside the Comment indicate that a ValidStatutory Protest Petition has been filed. **Denotes Drainage Basins

CR Number Subject Vote Recommendations Comments

(1) CR-11268 Z-42-08 9-0 Approval,Conditional Use

Brier Creek Parkway andArco Corporate Drive,southeast quadrant of theintersection **(Little BrierCreek)

(2) CR-11269 SP-60-08 10-0 Approval Wakefield Park Retail

(THE FOLLOWING ACTIONS WERE TAKEN BY THE PLANNING

COMMISSION AT THEIR DECEMBER 9, 2008 MEETING, BY UNANIMOUSVOTE)

(1) Z-42-08 - Brier Creek Parkway and Arco Corporate Drive, southeast quadrant ofthe intersection, Conditional Use **(Little Brier Creek)

This request is to rezone approximately 1.1 acres, currently zoned ThoroughfareConditional Use District. The proposal is to rezone the property to Shopping CenterConditional Use District.

CR-11268 from the Planning Commission finds that the proposed rezoning is consistent

with the Comprehensive Plan and that this request be approved in accordance withconditions dated December 9, 2008.

(2) SP-60-08 - Wakefield Park Retail

This request is to approve five retail buildings totaling 51,468 square foot on lot 3 of anexisting development, zoned Thoroughfare District Conditional Use District. Thisdevelopment contains more than three establishments on more than one lot whichclassifies this area as a shopping center. This development of 52.75 acres was previouslysubdivided as an exempt subdivision into four lots and three of the buildings are currentlyunder construction and were approved administratively through the InspectionsDepartment. The proposal will create one unified development of four lots with retailand medical office uses within the shopping center. This addition would bring the

cumulative square footage of the shopping center to 172,876 square feet exceeding thethreshold of 130,000 square feet.

CR-11269 from the Planning Commission recommends approval with conditions.

E. SPECIAL ITEMS1. Annexation - Bentley Woods, Phase 2

Annexation - Berkshire Downs - Tracts 1 and 2

During the November 18, 2008, Council meeting, the Comprehensive PlanningCommittee was prepared to make the following recommendation:
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The Committee recommends that the City Council not move forward with these twoannexations.

At that time, City Manager Allen explained the need for these two annexations and thecircumstances involving water and sewer needs. It was directed that the item be placedon the December 2, 2008, agenda for further consideration.

During the December 2, 2008, meeting, the item was discussed with various suggestionsmade, after which it was agreed to place the item on this agenda to give everyoneadditional opportunity to investigate the proposals.

Additional information is in the agenda packet.

2. Community Development - Builders of Hope ProposalDuring the December 2, 2008, Council meeting, a hearing was held to considerauthorizing the City Manager to enter into an agreement to sell Builders of Hope, Inc. upto 25 improved lots for $28,160 each via the private sale process outlined in NCGS160A-457. Builders of Hope, Inc. will relocate and place houses on the properties, rehabthem for sale to first time homebuyers in support of the Citys Affordable HousingProgram.

There was discussion and some questions about the process and it was agreed to place theitem on this agenda for further consideration. A report is in the agenda packet along witha draft contract as requested by Council.

3. Crabtree Valley ExtensionDuring the December 2, 2008, Council meeting, Mr. Koopman pointed out during 2008there was a Comprehensive Plan amendment to delete Crabtree Valley Extension fromthe Thoroughfare Plan. The Council did not approve the request, but made acommitment that they would provide a decision by the end of the year. It was agreed toplace the item on this agenda to receive a report from Administration and anyrecommendations. The report is in the agenda packet.

4. Rezoning Z-38-08 - Stanhope AvenueDuring the December 2, 2008, Council meeting, the Comprehensive Planning Committeewas prepared to recommend approval of Z-28-08 as outlined in CR#11259 with theinclusion of the six properties on the west side of Rosemary Street and the two propertieson Stanhope Avenue to the north. Mr. Stephenson indicated he had talked with CityAttorney McCormick and the Deputy City Attorney Botvinick concerning this proposaland after discussion it was agreed to hold the item and place it on this agenda for furtherdiscussion and/or action.

F. REPORT AND RECOMMENDATION OF THE CITY MANAGER1. Stormwater Replacement Fund Exception - North Hills East Project

Several months ago Mr. John Kane petitioned Council for an exception to the CitysStormwater Replacement Fund for his North Hills East project. Mr. Kanes proposal wasfor the provision of replacement insurance in lieu of the City required replacementescrow fund payments. Although Council approved City Administrationsrecommendation to grant the exception, conflicts remain as to whether the exceptionexcluded the initial 15% upfront deposit by the developer. Background information isprovided in a memo in the agenda packet.
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Recommendation:

Approve the exception for all annual payments but require the 15% upfront deposit bekept in the escrow fund. This results in a refund of $443,389.92.

2. Falls of Neuse WideningA 65% design public hearing was held on this project at the Council meeting ofDecember 2, 2008. Significant public comment was received. City Council asked CityAdministration to develop a strategy for reducing the local impact of the project. Astrategy has been developed and presented to NCDOT and the Federal HighwayAdministration. A memo is in the Council agenda packet with more details.

Recommendations:

a. Authorize staff to move forward with Phase 1 of the project as presented in the PublicHearing on December 2, 2008. This will keep this critical portion of the project onschedule to be completed in coordination with the NCDOTs existing Falls of NeuseBridge Replacement Project.

b. Authorize staff to move forward with development of the design of the alternative

cross section for Phase 2 of the project and that the design plans be presented to CityCouncil in a Public Hearing once they reach 65% completion. This will requiresignificant work by the consultant and will affect the schedule for Phase 2 and willresult in negotiation of a supplemental design agreement to cover the additional costs.

G. REPORT AND RECOMMENDATION OF THE APPEARANCE COMMISSIONTom Skolnicki, Vice-Chair of the Raleigh Appearance Commission, will outline a proposed CityCouncil day-tour of selected New Urbanist communities in the greater Charlotte area. A copy ofthe tour itinerary is in the agenda packet.

Recommendation:

That the report be received.

H. REPORT AND RECOMMENDATION OF THE ARTS COMMISSIONBrian Starkey, Chair of the Raleigh Arts Commission, and members of the community willpresent a Proposal to Establish a City of Raleigh Public Art Program through a percent for artinitiative. A copy of the proposal is in the agenda packet.

Recommendation:

Approve.

I. REPORT AND RECOMMENDATION OF THE DOWNTOWN RALEIGH ALLIANCEDavid Diaz of the Downtown Raleigh Alliance will provide an update on the expansion ofmetered parking as requested by Council. A report is in the agenda packet.

J. REPORT AND RECOMMENDATION OF THE PARKS, RECREATION ANDGREENWAY ADVISORY BOARD

1. Proposed 2009 Fees and Charges ScheduleThe Parks, Recreation, and Greenway Advisory Board (PRGAB) annually reviews thefees and charges recommendation for use of facilities managed by the Parks andRecreation Department. A special Ad Hoc Committee of the PRGAB met and reviewedstaff recommendations. On November 20, 2008, the committee presented itsrecommendations to the Advisory Board. The PRGAB unanimously voted to ask City
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Council to adopt the proposed 2009 Fees and Charges schedule. A copy of the proposedfee schedule is in the agenda packet.

Recommendation:

Approve.

2.

Hill Street Park Naming RequestThe Parks, Recreation, and Greenway Advisory Board (PRGAB) received an applicationsigned by Ted Dosset requesting consideration to name the Timberlake Park located at3301 Hill Street the Hill Street Park. In compliance with Resolution (2005)-681,appropriate public notifications and press releases were made. With no opposition to therequest, on November 20, 2008, the PRGAB voted unanimously to recommend thenaming request to City Council for consideration.

Recommendation:

Approve the naming request of Timberlake Park, at 3301 Hill Street, to Hill StreetPark.

3. Historical Cemetery Stakeholders GroupAn Ad-Hoc Committee of the Parks, Recreation and Greenway Advisory Boardrecommends the formation of a Historic City Cemeteries Stakeholder Group that consistsof five Raleigh City Cemeteries Preservation, Inc. members, Two Parks, Recreation andGreenway Advisory Board members and Two City Staff representatives. City staff willdevelop a memorandum of understanding that lists the details of the stakeholder group.On November 20, 2008, the PRGAB voted unanimously to recommend the HistoricalCemeteries Stakeholders Group to City Council for consideration.

Recommendation:

Approve.

K. REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMICDEVELOPMENT COMMITTEE

1. No report.2. Items Pending

Item #99-17 - Southeast Raleigh Economic Development (6/14/00)Item #05-05 - John Winters Memorial (1/17/06)Item #07-01 - Neighborhood Empowerment Initiative (12/4/07)Item #07-22 - Inspection and Plan Approval Fees (6/23/08)Item #07-23 - Water and Sewer Capacity Fees (6/23/08)Item #07-30 - Plan Review Efficiency/Expedition (7/15/08)Item #07-34 - Carolina Ballet - Request for Contract (10/7/08)

Item #07-37 - TC-10-05 - Surfacing Requirements for Existing Front Yard Parking forSingle Family Detached and Duplex Dwellings (10/21/08)Item #07-40 - Council-appointed Boards, Commissions and Committees - Composition

(11/18/08)

L. REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNINGCOMMITTEE

1. Thoroughfare Plan - MacNair Farms PreservationThe Committee recommends that the City Council request that the Capital AreaMetropolitan Planning Organization (CAMPO) include in its work plan for next year a
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jointly funded multijurisdictional study to establish the purpose and need for the proposedGorman Street extension, and to determine reasonable corridor lines.

2. Stormwater Variance Request - Quest Academy SchoolThe Committee finds that the variance request submitted by Quest Academy School forrelief of the 100-foot stream buffer requirement associated with development within a

protected watershed (Falls Lake) is justified as the existing natural resource bufferpresents unnecessary hardship or creates practical difficulties as to the property owner'sintent for reasonable use since strict adherence to the buffer requirement would requireadditional grading, additional fill, land disturbance, extensive retaining walls, excessivestacking/vehicular congestion, emergency vehicle access problems, and safety issuesrelated to grading.

The Committee recommends approval of the stormwater variance request as follows:

a. The applicant will install on-site a 25-year storm stormwater control device to controlstormwater during construction.

b. The applicant will install on-site a 25-year storm stormwater wet pond that willcontrol post-construction stormwater runoff of the entire 10 acre+ drainage basin.

c. The applicant will maintain the stormwater control device at 25-year storm standardsafter construction with minimal land disturbance.

d. The stormwater variance is limited to a period of twelve (12) months.

e. The nine (9) points of the joint agreement between the Wyndham HomeownersAssociation and Ocean Development Group, LLC are made conditions of approval ofthe variance. The nine points are as follows:

Stormwater Variance Concerns

i. We will record a restrictive covenant in the deed to prevent the landowner and/orQuest Academy from reaching an agreement with the adjoining property owners

to use the stormwater retention pond in a manner which would allow additionaldevelopment on the adjoining properties (Childtime Daycare property).

ii. We will install the stormwater control pond and any associated construction-related erosion and sedimentation controls at the beginning of the project.

iii. We will implement environmentally safe controls to limit mosquito breeding inthe stormwater retention pond.

iv. We will install sufficient barriers (for both safety and esthetic reasons) around thestormwater retention pond. For example, a wrought-iron type fence instead of achain link fence.

WHOA Concerns Unrelated to Stormwater

i. We will limit the Quest building to a single story structure and agree that noadditional structures (such as trailers) will be allowed on the property.

ii. We will request that all parents of the school find alternate means of accessingSix Forks Road heading south or Lead Mine Road heading west such as making aU-turn at the signal at Six Forks Road and I-540.

iii. A 20' Type C transitional protective yard will be planted along the commonproperty line of the Wyndham residents which will include shrubs and trees thatwill help mitigate any impacts from light pollution from the school, enhance


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views of the property from adjacent residences, and restrict foot traffic fromschool property to neighborhood property.

iv. We will agree that a barrier be installed at the entrance to the school driveway toprevent unauthorized access to the property after hours and on weekends/schoolholidays.

v. We will ensure that controls are put in place to prohibit the dumpsters from beingemptied between the hours of 9:00 p.m. and 8:00 a.m. The barrier addressed initem 4 may be sufficient to address this concern.)

f. The applicant, immediately following approval of the variance, will create a base lineof data for determining pre-construction water quality.

g. The applicant will perform weekly inspections of water quality during constructionand after every half-inch rain event, and for six (6) months following the issuance ofthe certificate of occupancy.

h. The applicant will provide annual stormwater reports thereafter, about the stormwaterdevice, including water quality reports.

3. Saunders North Area Redevelopment Plan - Proposed AmendmentsThe Committee recommends denial of the proposed independent amendment to theComprehensive Plan. The Committee further recommends that staff be directed to workwith the developer to determine if there are solutions to development issues associatedwith this request and report back to the full City Council in January.

4. Items PendingItem #03-29 - Development Standards - Fragile Neighborhoods (6/1/04)Item #05-42 - Sustainable Urban Landscapes and Hillsides (11/21/06)Item #07-02 - TC-5-07 - O&I Districts/FAR/Density Limitations (12/4/07)Item #07-03 - Text Change - Prohibit Industrial Facilities in Residential Areas (12/4/07)Item #07-10 - Tree Conservation Ordinance - Proposed Text Changes (1/22/08)

Item #07-15 - TC-1-08 - Building Lot Coverage within O&I Districts (4/1/08)Item #07-40 - Sedimentation Control Program -Proposed Text Change (11/18/08)Item #07-41 - TC-17-08 - Pawn Shops (12/2/08)Item #07-42 - Chavis Park Carousel (12/2/08)

M. REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETYCOMMITTEE

1. Paula Street Night Clubs - Problems/ViolationsThe Committee recommends reporting this item out with no action taken.

2. Items PendingItem #07-06 - Cowper Drive Park - Stream Restoration/Stabilization (3/4/08)Item #07-14 - Signs on State Right- of-Way-Human Relations Commission (10/7/08)Item #07-15 - Taxi Licenses - Requirements/Regulations (10/7/08)Item #07-18 - Amplified Music Entertainment District (10/21/08)Item #07-20 - Lawsuit - Wayne and Gloria Johnson (11/18/08)Item #07-21 - Encroachment Request - 2333 Byrd Street (11/18/08)Item #07-22 - Tarboro Road Area - Public Safety Concerns (12/2/08)
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N. REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE1. Bus Service to Urban Ministries

The Committee recommends that this request be denied, and that in the upcoming budgetdeliberations, the possibility of providing additional grant funds for transit services bediscussed.

2. Strickland Road Park Master PlanThe Committee recommends staff be authorized to move forward with design plans for adog park at the Leesville Road Park site to include 65 foot tree conservation area long thewest park boundary plus a 50 foot right of way for a future extension of Hilburn Drive. Itis understood funds are available.

The Committee further recommends that staff be authorized to move forward with theredesign of the Strickland Road Park site to eliminate the proposed dog park, move theproposed open space to the west and designate it for youth play, and installation ofadditional pedestrian trails. It is understood funding is available.

This item will be retained in Committee for further discussion.

3. Items PendingItem #07-08 - Traffic Calming - Birnamwood Road (1/8/08)Item #07-14 - Reimbursement for Street Improvements - Rest Haven Drive (2/5/08)Item #07-27 - Traffic Concerns - Five Points Area (7/15/08)Item #07-29 - Trenton Road - Bicycle/Pedestrian Path (8/5/08)Item #07-32 - Neighborhood Traffic Management Program (9/2/08)Item #07-34 - Roanoke Park - Concerns (9/2/08)Item #07-36 - Residential Permit Parking - Visitor Passes (9/2/08)Item #07-37 - Traffic Concerns - Lake Boone Trail/Lacy Elementary School (

Documents

City Council Agenda1-6