City Council Agenda Dec1

Charles C. Meeker, Mayor James P. West, Mayor Pro Tem Mary-Ann Baldwin Thomas G. Crowder Bonner Gaylord John Odom Nancy McFarlane Russ Stephenson

1:00 P.M. AND 7:00 P.M., TUESDAY DECEMBER 1, 2009 THE COUNCIL CHAMBER

PLEASE TURN OFF ANY WIRELESS EQUIPMENT WHILE IN THE COUNCIL CHAMBER This equipment interferes with the meeting’s sound transmission. Thank you.

City Council Agenda

December 1, 2009

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 MAYOR 1.

Invocation - Reverend Patrick Dominguez, Church of the Apostles

2.

Pledge of Allegiance

B.

RECOGNITION OF SPECIAL AWARDS

C.

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.

American Recovery and Reinvestment Act - Recovery Zone Facility Bond The City of Raleigh has been allocated $11,072,000 in Recovery Zone Facility Bond (RZFB) eligibility through stipulations in the American Recovery and Reinvestment Act (ARRA). This RZFB permits and entices private development by allowing private entities to borrow at tax exempt financing rates through use of the City’s credit rating. A memo outlining the RZFB mechanism is in the agenda packet. In order to be eligible for and successfully issue this RZFB, the City of Raleigh must:  



Designate a ‘Recovery Zone’ via Resolution on December 1, 2009. A copy of the resolution and map of the designation area are in the agenda packet. File ‘Notice of Intent to Issue Recovery Zone Bonds’ with the North Carolina Department of Commerce and provide descriptions for all projects under consideration by December 15, 2009. A copy of this form is in the agenda packet. Thus far two developers have expressed interest in accessing the RZFB to facilitate their projects. Obtain placement of selected project on the Local Government Commission May 4, 2010, agenda by April 6, 2010.

In determining project selection, staff will use the following guidelines as illustrative standards for review:   

Catalyze economic benefits to the local economy Integrate with the Comprehensive Plan Uphold Sustainability standards

Designation of the Recovery Zone and the expression of intent to the State do not represent any commitment of City funds or the approval of either of the projects. These steps create the opportunity to use this aspect of ARRA should the City and the County Industrial Development Commission elect to move ahead with this financing option. Recommendation: Approve resolution designating the Urban Progress Zone as a Recovery Zone and authorize City Administration to proceed with the administrative steps necessary to achieve issuance of the Recovery Zone Facility Bond.

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City Council Agenda

2.

December 1, 2009

Appointment of Public Utilities Department Staff for Various Associations The City is a voting member of several associations represented by the Public Utilities Director. Until a permanent Director is given that authority, it is necessary to appoint interim voting delegates to those associations. Recommendation: Appoint Kenny Waldroup, Assistant Public Utilities Director, as primary voting delegate for the Lower Neuse Basin Association/Neuse River Compliance Association; appoint Kenny Waldroup as secondary voting delegate for the Upper Neuse River Basin Association; and appoint Donna Jackson, Assistant Public Utilities Director, as voting delegate for the Urban Water Consortium.

3.

FY 2010-2011 Budget Review Calendar The following schedule is proposed for the upcoming budget review process by Council: January 5, 2010

7:00 PM Pre-Budget Hearing by City Council

March 15, 2010

City Council Budget Workshop (This workshop may be held earlier)

May 18, 2010

Presentation of Proposed Operating Budget and Proposed Capital Improvement Program for FY 2010-2011 by City Manager

June 1 - June 30, 2010 City Council Budget Workshops (Schedule To Be Determined) June 1, 2010

7:00 PM Statutory Public Hearing on budget proposals

Adoption of the Annual Operating Budget for FY 2010-2011 and the Capital Improvement Program is required no later than June 30, 2010. Recommendation: Approve Budget review schedule. 4.

NCDOT TIP Project R-2814A Municipal Agreement The North Carolina Department of Transportation (NCDOT) has requested that the City of Raleigh enter into a municipal agreement regarding TIP Project R-2814A, which proposes to widen US 401 (Louisburg Road) in northeast Raleigh between Mitchell Mill Road and the proposed Rolesville Bypass. This agreement indicates the Department’s intent to move forward with this project and that it has sole responsibility for the construction costs associated with the project. The agreement also notes that any conflicts with City-owned utilities have been addressed under a separate agreement. Staff has no issues with the proposed agreement as drafted, and the City Attorney has reviewed the draft agreement as to form. Recommendation: Authorize the City Manager to execute the agreement as drafted.

5.

Resolution Authorizing the Donation of Items of Surplus Property The Purchasing Manager has a Resolution Authorizing the donation of Items of Surplus Property that is no longer of use to the City and can be utilized by another agency. G.S. 160A-280 gives authority to local governments to donate to another governmental unit within the United States, a sister city, or a nonprofit organization. A public notice has been made of at least five days prior to the adoption of a resolution approving the donation. 3

City Council Agenda

December 1, 2009

The donation includes 5 each Light Pickup Trucks to the Wheels 4 Hope a non-profit agency that serves Raleigh, Durham, Cary, Chapel Hill and surrounding towns by working with local private social service agencies to identify individuals who will benefit from a donated car and who have shown a history of stability and dedication to improving their lives. It is recommended that the proposed resolutions be adopted by the City Council and the Purchasing Manager be authorized to transfer the equipment. Recommendation: Approve the recommendation of administration and adopt the resolution. 6.

Resolution Authorizing the Placement of Construction Insurance Through an Owner Controlled Insurance Program (OCIP) Based on a proposal process conducted in 2007, the City uses two firms to provide insurance broker services - Bagwell & Bagwell and Marsh, Inc. In anticipation of construction of the Clarence E. Lightner Public Safety Center, it is appropriate to begin plans for including an OCIP (owner controlled insurance program) should the project be approved to move forward. Based on an analysis of broker capabilities and experience, the city’s Risk Manager recommends that Bagwell & Bagwell Insurance Agency (and their subcontractor, Insurance Office of America) be issued a Broker of Record letter that will allow them to market the Lightner Center’s OCIP. Bagwell & Bagwell has a long standing relationship with the City of Raleigh and has handled the placement of more than 139 OCIPs. It is recommended that the resolution approving this action be adopted by the City Council and that the Risk Manager be authorized to issue a Broker of Record letter to Bagwell & Bagwell Insurance Agency (and its subcontractor Insurance Company of America) to market an OCIP for the Clarence E. Lightner Center. Recommendation: Approve the placement of insurance coverage for the Lightner Center through an OCIP and the accompanying resolution, conditional on the construction of the project being approved by the City Council.

7.

Re-Submittal of Application to North Carolina Department of Commerce for Urban Progress Zone Designation for the City of Raleigh The State of North Carolina’s Article 3J tax credits program provides economic incentives to stimulate new investment and job creation in economically distressed urban areas that qualify as an Urban Progress Zone (UPZ). Last year the Council approved making application for designation of a UPZ for the City of Raleigh. Per North Carolina Department of Commerce guidelines, this previously approved zone designation will expire December 31, 2009, unless re-application by the City and new approval determination by the Department Commerce is made. A map of the proposed Urban Progress Zone that meets State qualifying criteria is in the agenda packet. This year’s application and UPZ area boundary proposal is essentially the same as last year except for a slight revision in boundary area due to minor changes in city limits for census tract 523.01 and 524.01. Recommendation: Adopt a resolution requesting designation of area shown on map as an Urban Progress Zone and approval of the Mayor’s signature on the updated UPZ application request to the North Carolina Department of Commerce. 4

City Council Agenda

8.

December 1, 2009

Parade Route - Optimist Park Vicinity Victor Zavala, representing Saint Raphael Catholic Church, requests a street closure on Friday, December 11, 2009, from 8:00 p.m. until 11:00 p.m. for a religious walk. Recommendation: Approve subject to conditions on the report in the agenda packet.

9.

Road Races 9.1

Hillsborough Street Vicinity Michael Waldvogel, representing the Susan G. Komen Breast Cancer Foundation, requests a street closure on Saturday, June 12, 2010, from 5:00 a.m. until 11:00 a.m. for the Race for the Cure road race. He also requests to utilize both the east and westbound lanes of Hillsborough Street due to large participation. Recommendation: Approve subject to conditions on the report in the agenda packet.

9.2

Halifax Street Vicinity Jim Young, representing the North Carolina Road Runner’s Club, requests a street closure on Sunday, February 7, 2010, from 1:00 p.m. until 3:30 p.m. for a benefit race. Recommendation: Approve subject to conditions on the report in the agenda packet.

10.

Temporary Street Closings 10.1

Oak Park Road Vicinity Robert Tyson, representing the Oak Park neighborhood, requests a street closure on Saturday, December 5, 2009, from 2:00 p.m. until 6:00 p.m. for a neighborhood soap box derby event. Recommendation: Approve subject to conditions on the report in the agenda packet.

10.2

400 Block of Fayetteville Street Ellen Fragola, representing the Downtown Raleigh Alliance, requests a street closure on Monday, December 14, 2009, Monday, December 21, 2009, Monday, December 28, 2009, Monday, January 11, 2010, and Monday, January 25, 2010, from 5:30 p.m. until 9:00 p.m. for festivities at the City Plaza Ice Rink. Recommendation: Approve subject to conditions on the report in the agenda packet.

10.3

1400 Block of Boyer Street Octavia Rainey, representing Grace AME Zion Church, requests a street closure on Thursday, December 17, 2009, from 6:00 p.m. until 8:00 p.m. for a holiday prayer vigil. Recommendation: Approve subject to conditions on the report in the agenda packet. 5

City Council Agenda

10.4

December 1, 2009

Capital Grounds Vicinity - First Night Raleigh Terri Dollar, representing Artsplosure, requests a street closure on Thursday, December 31, 2009, from 3:00 a.m. until Friday, January 1, 2010, at 5:00 a.m. for the annual First Night Raleigh. She requests the following: 

The 00 block of Edenton Street be closed from 5:30 p.m. until the conclusion of the parade.



The encumbrance of all parking spaces on the 00 blocks of Davie, Martin and Hargett Streets.



The encumbrance of designated parking spaces on the north side of the 00 block of Edenton Street, the south side of the 00 block of Jones Street and the 100, 200, 300, 400, and 500 blocks of Fayetteville Street.



To close all travel lanes in the 100 thru 400 blocks of Fayetteville Street and one travel lane of the 500 block of Fayetteville Street.



The 00 block of Lenoir Street be closed for approximately 30 minutes around 7:00 p.m. and 12:00 p.m.



The encumbrance of the sidewalks of the 00 block of Jones Street, 00 block of Edenton Street, 100, 200, 300, 400 and 500 blocks of Fayetteville Street, 00 blocks of Hargett, Martin, Davie, Lenoir and South Streets from 6:00 a.m. on December 31, 2009, until 5:00 a.m. on January 1, 2010.



A waiver of all permit and site fees.

Recommendation: Approve subject to conditions on the report in the agenda packet. 11.

Request for Public Hearing - Sidewalk Repairs It is requested that a public hearing be authorized to consider a project to repair broken sidewalks at the following locations: LOCATION

TAX ID NUMBER

1224 Courtland Drive

0028193

APPROXIMATE COST $1,072.50

This work is to be assessed at 100 percent of actual cost to the adjacent property owner in accordance with Section 6-2023 of the City Code with payment due upon completion or over a ten (10) year payment option period. Recommendation: Adopt a resolution-of-intent for a Tuesday, February 2, 2010, public hearing to consider the improvements. 12.

Grant Awards - Raleigh-Wake Next Generation 911 Logging Upgrade The North Carolina 911 Board has awarded the Raleigh-Wake 911 Center $376,575 to upgrade to a digital recording system capable of forward migration to accommodate the projected needs of Next Generation 911. The functionalities of this system will include increasing reliability of recording and storage of calls when compared to the present system; providing timely, concise retrieval and review capability of stored calls; and enabling the recording and storage of multi-media formats associated with Next

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City Council Agenda

December 1, 2009

Generation 911 technologies. Funds will be used for the purchase of the digital recording system with related annual maintenance costs via the City of Raleigh bid process. Budgetary accounts to be amended: Revenue Account: 810-513170-4410-985-GRT00-70430000 Upgrade Digital 911 NC Grant Expense Accounts:

$376,575

810-709900-4410-985-GRT00-70430000 Digital Recording System 810-752900-4410-985-GRT00-70430000 Maintenance Contract

$274,623 101,952 $376,575

Recommendation: Accept the grant and authorize execution of the contract with the North Carolina 911 Board based on contract review by City of Raleigh Attorney’s Office; authorize purchase of the digital recording system from Carolina Recording Systems, Inc., the lowest respondent to City of Raleigh RFP ECC0901. 13.

Temporary Construction and Emergency Egress Easements - 215 South Wilmington Street The property owner at 215 South Wilmington Street, Land Loch, LLC, requests the following easements from the City; (1) a temporary construction easement to reconfigure a small section of brick masonry wall and (2) an easement to allow for emergency egress from the rear of its property and across City property to the Wilmington Street public right of way as required by building code. Recommendation: Approve granting these easements, subject to approval of easement language and precise locations by the City Manager’s Office and the City Attorney’s Office, to make these sidewalk and masonry wall modifications and to allow an emergency-egress-only exit to the Wilmington Street public right of way. The easement documents are to be drafted by the City Attorney’s Office with, at a minimum, the following conditions: a. That all facilities are subject to design and construction approval by the City. b. That the Grantee install adequate emergency lighting in the rear of the building. c. That the Grantee agrees to indemnify, save, and hold harmless the City, its officers, employees, contractors, agents, and invitees from any acts, claims, liabilities or injuries to persons or property arising or related to construction of the improvements and usage of the easement areas.

14.

Consultant Services - Pre-Position Contract RFP A Request for Proposals (RFP) was advertised for a pre-position contract to provide documents and specifications to provide all necessary machinery, tools, labor, and other means of construction to haul vegetative storm debris and to furnish materials, except as otherwise noted necessary to perform and complete the said project within the time limit specified in the contract after notification to proceed with work. This contract will cover debris removal for all City streets. Ten proposals were received in response to the RFP. The proposals were reviewed by a selection committee composed of staff members from the Public Works Department, the 7

City Council Agenda

December 1, 2009

Public Works Director, and the Street Superintendent. Based on our assessments, three companies (Phillips & Jordan Incorporated, Crowder-Gulf, and Unified Recovery Group) were recommended to City Council. It was requested that the Public Works Director be allowed to negotiate a pre-position contract with Phillips & Jordan Incorporated. This was approved by City Council. Recommendation: Authorize the City Manager to execute the pre-position contract with Phillips & Jordan Incorporated. 15.

Contract Amendments 15.1

New Transit Operations Facility, Amendment #2 - Williard Ferm Architects A contract amendment has been negotiated with Williard Ferm to assist in overseeing the Design-Build process, providing complete team review of final construction documents for strict conformance with the program requirements, and assistance during the construction phase. They will also provide services which are outside those required from the Design-Builder, and include: third party geotechnical and specialty inspections, Davis Bacon Act compliance, coordination of public art components, final furnishings selection and design, LEED documentation for the site/civil portion of the project, and Enhanced Commissioning Services for the project, which will qualify the project for additional LEED points. This contract amendment is for a net increase of $388,276. Transferred From: 415-2211-790010-975-GRT02-74380000 Capital Project Reserve 415-2211-791050-975-GRT02-74350000 Relocation

$263,107 49,228 $312,335

Transferred To: 415-2211-792010-975-GRT02-74350000 Design/Planning Contract 415-2211-792020-975-GRT02-74380000 General Construction Contract

$ 49,228 263,107 $312,335

Recommendation: Approve contract amendment #2 with Williard Ferm Architects in the amount of $388,276. Funds are available and transfers will be handled administratively. 15.2

Synaptis As part of the City’s efforts in implementing a new Enterprise Resource Planning (ERP) system, a comprehensive training program was developed. The training strategy supplements existing project training consultants with a qualified training service provider. In September 2009, City Council authorized Administration to amend the current contract with, Moonracer, Inc., (dba) as Synaptis, in the amount of $639,666, to provide the remainder of the training for the ERP project. Subsequently, the project team, in consultation with Synaptis, completed a training assessment to evaluate if enhanced training solutions were required for 8

City Council Agenda

December 1, 2009

the Customer Care and Billing phase. Some of the enhancements identified are development of on-line topics which provide users an opportunity to become more familiar with the system prior to implementation, supplementary workshops focused on day-in-the-life activities of a customer facing team, and an experienced roving support team to provide one-on-one assistance following go live. These additional solutions will assure that the new utility billing system will result in a positive customer experience when implemented. It is recommended that City Council authorize Administration to amend the contract with Synaptis for an additional $170,200 to provide the full training program necessary for the successful delivery of Customer Care and Billing. The funding for this contract amendment is available within the ERP training budget. 16.

Personnel Changes 16.1

Development Services Division Position Reclassifications As part of the Phase II of the implementation plan of the newly-adopted organizational structure for provision of development services, the Development Services Division requests the reclassification of the existing Administrative Support Specialist position (PC#1340, Job Code 0010, PG 27) to Development Services Technician II, Senior Customer Service Representative position (PC#5951, Job Code 0068, PG 27) to Development Services Technician II, Planning Assistant position (PC#1265, Job Code 1105, PG 29) to Development Services Technician II, Planning Assistant position (PC#1590, Job Code 1105, PG 29) to Development Services Technician II, Staff Support Specialist position (PC#1338, Job Code 0003, PG 23) to Development Services Technician II, Senior Customer Service Representative position (PC#1417, Job Code 0068, PG 27) to Development Services Technician I, Police Records Specialist position (PC#2263, Job Code 0042, PG 24) to Development Services Records Systems Technician, Police Records Specialist position (PC#2266, Job Code 0042, PG 24) to Development Services Technician I, Senior Staff Support Specialist position (PC#1064, Job Code 0004, PG 25) to Development Services Technician I, Staff Support Specialist (PC#5949, Job Code 0003, PG 23) to Development Services Technician I, Police Records Specialist (PC#2262, Job Code 0042, PG 24) to Development Services Records Systems Technician and Senior Customer Service Representative (PC# 3757, Job Code 0068, PG 27) to Development Services Technician I; and the creation of a new Development Services Technician I (Job Code 0038, PG30). The Personnel Department has reviewed the requests and concurs with the reclassification of the positions. Sufficient funds are currently available in Development Services salary accounts to cover the positions reclassification costs for the remainder of the current fiscal year. Attached are the budgetary transfers associated with these personnel transfers and reclassifications. Recommendation: Approve the above reclassifications; effective January 16, 2010, and the budgetary transfers in the agenda packet associated with these personnel changes.

16.2

Parks and Recreation - Marsh Creek Community Center To properly operate, program and maintain the 25,000 sq ft Marsh Creek Community Center, personnel authorization is needed to add three (3) new fulltime positions: Recreation Facility & Program Supervisor III (class code 2229), Maintenance Mechanic III (class code 4417), Gardener (class code 2108). 9

City Council Agenda

December 1, 2009

Funding is available through the use of lapse salaries for the remainder of the fiscal year. In an effort to keep this request budget neutral for FY10 all other operational costs will be absorbed by existing general fund and revolving budgets. Recommendation: Approve the position requests for Marsh Creek Community Center. 16.3

Police Reorganization The Police Department has developed an updated organizational plan in support of the RPD Strategic Plan for 2009-2014. The revised plan will enhance police services and develop a structure that provides members of RPD with opportunities for professional development and growth. The plan includes the elimination of three vacant civilian positions, an upgrade of five vacant officer positions, and a phase out over the next several years of the corporal rank and the 5% pay allowance for captains serving as district commanders. The corporal positions will be reclassified as vacancies occur. This plan as outlined is budget neutral. A detailed explanation of the proposed reorganization and the RPD Strategic Plan for 2009-2014 is in the agenda packet. Recommendation: Approve the RPD organizational plan; authorize the phase out of the 5% pay allowance for captains serving as district commanders; and authorize the following position changes: eliminate a Senior Staff Analyst (Position Number 00002236, Grade 37, Class 000445), an Accreditation Manager (Position Number 00003409, Grade 34, Class 003263), and a Police Records Technician (Position Number 00001845, Grade 25, Class 000048); reclassify 20 vacant corporal positions (Grade PE, Class 003210) as follows: 3 to Captain (Grade PI, Class 003221), 8 to Lieutenant (Grade PH, Class 003216), and 9 to Sergeant (Grade PG, Class 003211); and reclassify 5 vacant officer positions (Grade PA, Class 003206) as Sergeants (Grade PG, Class 003211).

16.4

Police Reclassifications In light of RPD’s revised 2010 organizational changes that have been requested in support of RPD’s 2009-2014 Strategic Plan, the Department requests the following two reclassifications: 1) a Senior Staff Support Specialist position 005081, PG 25, class 0401 to an Administrative Assistant position PG 31 and 2) a Police Training Director position 002274, PG 37, class 0460 to a Training Director position PG 38. The Administrative Assistant position has taken on additional administrative and functional duties in support of the Field Operations Division. The Training Director’s role has also expanded, in part, by providing greater oversight for increased in-service and specialized training for RPD. The reclassifications of both positions have been reviewed and approved by the City’s Personnel Department. Recommendation: Approve the reclassification of these two positions.

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17.

December 1, 2009

Encroachment Requests 17.1

300 South Salisbury Street A request has been received from Wake County to encroach on City right-of-way for the purpose of installing various encroachments. A report is in the agenda packet. Recommendation: Approve the encroachment subject to the conditions in the administrative report.

17.2

119 North Salisbury Street A request has been received from State Employees Credit Union to encroach on City right-of-way for the purpose of installing soil nails. A report is in the agenda packet. Recommendation: Approve the encroachment subject to the conditions in the administrative report.

18.

Budget Amendments 18.1

Fire The following accounts should be increased by: Revenue Account: 810-4210-513170-985-70440000 State Grants Expense Account:

$80,000

810-4210-701010-985-70440000 Operational & Maintenance Supplies Purpose:

$80,000

To accept and establish the grant in Fund 810. The grant provides funding to purchase equipment, supplies and training for the NC Urban Search and Rescue Task Force #8. The grant is from the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management. There are no matching funds required. 18.2

Parks and Recreation The following accounts should be increased by: Revenue Account: 625-0000-532900-000-CIP03-80240000 Miscellaneous Revenue Expense Account:

$3,400

625-6210-701010-725-CIP03-80240000 General Beautification Projects Purpose:

$3,400

To accept a donation from Methodist Children’s Home Alumni Association for park benches at Fletcher Park for general beautification.

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18.3

December 1, 2009

Parks and Recreation The following accounts should be increased by: Revenue Account: 130-6230-532160-000-64690

Donation/Fee Split Exempt Revenue

$20,000

Salaries-PT Social Security Medicare Office Supplies Operating Supplies

$13,000 900 200 900 5,000

Expense Accounts: 130-6230-600110-560-64690 130-6230-620050-560-64690 130-6230-620060-560-64690 130-6230-700010-560-64690 130-6230-701010-560-64690

$20,000 Purpose: To increase revenues and expenditures to create revolving budget for Walnut Creek Wetland Center to accommodate recreation program opportunities for the public. 18.4

Parks and Recreation The following accounts should be increased by: Revenue Account: 130-6230-532160-000-64680

Donation/Fee Split Exempt Revenue

$43,000

Salaries-PT Social Security Medicare Office Supplies Operating Supplies Computer Operations & Access Print Copy-RMB Uniforms Small Equipment Contractual Services Advertising RSV-Program

$23,000 1,500 400 500 8,000 600 300 500 2,500 500 200 5,000

Expense Accounts: 130-6230-600110-560-64680 130-6230-620050-560-64680 130-6230-620060-560-64680 130-6230-700010-560-64680 130-6230-701010-560-64680 130-6230-702010-560-64680 130-6230-703010-560-64680 130-6230-705010-560-64680 130-6230-706010-560-64680 130-6230-708900-560-64680 130-6230-712130-560-64680 130-6230-720130-560-64680

$43,000 Purpose: To increase revenues and expenditures to create revolving budget for Greystone Recreation Center to accommodate recreation program opportunities for the public. 18.5

Police The following accounts should be increased by: Revenue Account: 100-0000-532980-000

Appropriation from Special Reserve

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$9,000

City Council Agenda

December 1, 2009

Expense Account: 100-4035-701010-409

Operational & Maintenance Supplies

$9,000

Purpose: To allocate $9,000 from the Controlled Substance Tax fund balance reserve (1000000-400010-4016) for the 4th annual Shop with a Cop event and Explorer programming. 19.

Thoroughfare Facility Fee Reimbursement Contract 2009 #13 Thoroughfare Facility Fee Creekwood Highway 70 Alexander, LLC/ TW Alexander Road/ Priority 1 Project Total Reimbursement $428,349.80 Recommendation: Approve contract.

20.

Right of Way, Slope, Temporary Construction Electrical Utility Relocation and Permanent Drainage Easements - (Condemnation Request) Efforts have been unsuccessful to obtain needed easements; therefore, it is recommended that a resolution of condemnation be authorized for the following: Project Name: New Falls of Neuse Road Realignment and Widening Project (Phase I) Name: Konstantinos Theodosiadis and Amandia Theodosiadis Location: 11717 Falls of Neuse Road Recommendation: Approve a resolution of condemnation for the easements needed from the above property.

21.

Transfer - Parks and Recreation It is recommended that the following transfer be authorized: Transferred From: 625-6210-792020-975-CIP03-82310000 Parks Building Maintenance/Improvements 625-6210-792900-975-CIP03-82310000 Parks Building Maintenance/Improvements 625-6210-792900-975-CIP03-96800000 Wade Avenue Administration Renovation

$

89 1,240 1,671

$3,000 Transferred To: 625-6290-792900-975-CIP00-91380000 Building Improvements Purpose:

$3,000

To provide additional funding for Pullen Arts HVAC replacement. It is anticipated that current funding will be depleted by the end of December 2009. 22.

Traffic Ordinances adopted by the City Council authorizing the following traffic changes will become effective seven days after Council action unless otherwise indicated.

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City Council Agenda

22.1

December 1, 2009

Stop Sign Installations on City Streets It is recommended that stop signs be ordinanced at the following intersections in accordance with the Intersection Visibility and Traffic Control Program: Stop Signs: Capital Hills Drive at Gresham Lake Drive Capital Connection Drive at Capital Hills Drive Capital Connection Drive at Capital Boulevard Capital Summit Court at Capital Hills Drive These recommendations are made to establish positive right-of-way control at these intersections. Recommendation: Approve as recommended. Please add the following to Traffic Schedule No.2: Capital Hills Drive at Gresham Lake Drive Capital Connection Drive at Capital Hills Drive Capital Connection Drive at Capital Boulevard Capital Summit Court at Capital Hills Drive

22.2

No Parking Zone - Country Trail It is recommended that a No Parking Zone be established on the south side of Country Trail, beginning 540 feet west of Pine Timber Drive, and extending westward 350 feet. A request was received from the Parks and Recreation Department to create a no parking zone on Country Trail to improve the sight distance at the park’s (Leesville Community Park and Branch Library) entrance. Recommendation: Approve and amend the Traffic Schedule. Add to Traffic Schedule 13 Country Trail, south side, beginning 540 feet west of Pine Timber Drive, and extending westward 350 feet.

22.3

Paystation Installation - Downtown Business District and Glenwood South It is recommended that various parking zones be entered into the Traffic Schedules to reflect the new parking layout for downtown Raleigh and Glenwood South. It should be noted that the recommended changes do not dramatically change the existing parking spaces; these changes reflect slight revisions required by marking each space with standard lengths. These recommendations are requested due to the installation of Phase 1 paystations which will begin in the month of December 2009 and to be completed in February 2010. Recommendation: Approve and amend the Traffic Schedules as included in the agenda packet. THIS IS THE END OF THE CONSENT AGENDA

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D.

December 1, 2009

SPECIAL ITEMS 1.

Trenton Road - Bicycle/Pedestrian Path During the November 3, 2009, Council meeting, the Public Works Committee recommended the bicycle/pedestrian path and parking portions of the item be removed from the agenda with no action taken and that the matter be referred by the City Council to the new Public Works Committee. Staff has been instructed to enter into discussions with property owners along the east side of Trenton Road and with the State regarding possible construction of a greenway connector along the east side of Trenton Road; explore short-term parking solutions for access to the Reedy Creek Road entrance to Umstead State Park; and approach NCDOT regarding the possible reduction of the 45 mph speed limit along the portions of Trenton Road under State jurisdiction to 35 mph. Ms. Baldwin expressed concern as she wanted this matter to have a timeframe as the item has been in Committee for some time. A motion was passed by Council that this issue be bought back to Council in December and that short-term parking be reviewed within 60 days.

2.

Trenton Road Area - No Parking Zones During the November 3, 2009, Council meeting Chairperson Stephenson stated the Public Works Committee made a recommendation that Administration be directed to draft code changes to establish No Parking zones along the north side of Trenton Woods Way and along the east side of Tree Side Court, not including the cul-de-sacs and bring back for Council consideration. The recommendation did not receive a second. Discussion took place relative to the various items relating to the area and clarification on the motion. It was directed that the item be placed on this agenda for consideration.

3.

Oak Forest Drive - Request for Easement Relief During the October 7, 2009, Council meeting, Robert T. Hedrick requested the Council to grant relief from implementation of the 15,000 foot rule requiring a 60 foot easement to be granted from Oak Forest Drive to Departure Drive. After discussion on the item, it was agreed to place the item on this agenda for consideration.

E.

REPORT AND RECOMMENDATION OF THE CITY MANAGER 1.

Chavis Park At the October 7, 2009 City Council meeting staff was directed to proceed with the Chavis Carousel Building project. This design effort will resume in early 2010. Staff was also directed to propose an open process to get community input on the re-use of the existing carousel building and additional amenities for Chavis Park. 1) Staff proposes to contract the development and implementation of a scientific survey in the two mile service radius of the Park in spring 2010, and 2 )Engage a consultant to pursue a planning process in fall 2010. This will allow the data collected in a survey to be available to complement the planning process. David Shouse, Parks and Recreation Department Sr. Planner will make a brief presentation. Recommendation: a. Conduct a scientific study on participation, awareness, and community need and interest levels for recreation programs and facilities associated with Chavis Community Park and, b. Recommend a budget item for FY 2011 for a planning consultant and public process to follow the survey. 15

City Council Agenda

2.

December 1, 2009

Moore Square Concept, Team and Master Planning In April and June of 2009, City Council approved the staff effort to solicit input for the design competition and a juried professional design competition to improve the historic Moore Square and adjacent streetscapes. A summary report of public input from the Open Call for Ideas events held in June and July is in the backup material. The Juried Design Competition drew considerable national interest with 89 entries submitted. The jury of five design professionals and civic leaders reviewed all entries anonymously and ranked them before deciding that Chris Counts Studio of Charlottesville, Virginia be awarded First Place. Mr. Counts, Jury Advisor Mr. Rodney Swink, City staff and a representative of the State Historic Preservation Office will make a short presentation and be available to answer questions at the meeting. To move from the Juried Design Competition, to the next phase of Master Plan development, it is recommended that 1) City Council recognize Chris Counts Studio the winner of the Moore Square Design Competition. Staff has met with Mr. Counts, reviewed his concept, his past projects, and his firm’s qualifications and further recommends that 2) permission be granted to negotiate a detailed scope of work and fee proposal for the master planning of Moore Square. Recommendation: Recognize Chris Counts Studio the winner of the Moore Square Design Competition and authorize staff to proceed with negotiating a contract for the Master Plan development.

3.

Capital Projects - Review the Status of the Convention Center Amphitheatre/Festival Site, the Clarence E. Lightner Public Safety Center Projects and Remote Operations

a. Convention Center - Festival Site A presentation will be made at the Council meeting. The following budget actions should be approved: Transferred From: 506-6011-790010-975-CIP00-99200000 Project Reserve-Festival Amphitheatre 506-6011-792010-975-CIP00-99200000 Design-Festival Amphitheatre 648-6011-792020-980-CIP00-92500000 Convention Center Construction

$1,272,240 59,760 270,000 $1,602,000

Transferred To: 506-6011-792020-975-CIP00-99200000 Festival Amphitheatre Construction 648-6011-792020-975-CIP00-99200000 Festival Amphitheatre Construction 648-6011-752850-975-CIP00-99200000 Festival Amphitheatre-Fixtures/Equipment

$1,332,000 136,000 134,000 $1,602,000

Increase Revenue: 190-0000-532990-000

Fund 190 Appropriation from Prior Year

$1,026,050

Festival Amphitheatre-Fixtures/Equipment

$ 816,000

Increase Expense: 642-6020-752850-800

16

City Council Agenda

642-6020-752110-800

December 1, 2009

Festival Amphitheatre-Event Equipment

210,050 $1,026,050

Recommendation: Approve the budget transfer and budget amendment for the construction of the Downtown Festival Amphitheatre and for the acquisition of both permanent and mobile event equipment necessary to operate this venue. The appropriation of fund balance in the debt service fund represents an interfund loan to be repaid by the festival site operations over 7 years at 3% interest.

b. An update of the current status of the CEL PSC project will be presented at the meeting. c. An update of the current status of the Remote Operations Projects will be presented at the meeting. d. An update of the General Fund Debt Service Model to include financing of the Clarence E. Lightner Public Safety Center and the Remote Operation Projects will be reviewed at the meeting. 4.

Clarence E. Lightner Public Safety Center, Project Financing The design is nearing completion and the Construction Manager (CMAR) is developing Guaranteed Maximum Price early packages for the construction of the project located at 200 West Hargett Street. The 2009-2010 CIP included financing of this facility through issuance of Certificates of Participation (COPS) in order to begin awarding the project in early 2010 if suitable bids are received. Additional information is included in the agenda packet. Recommendation: Authorize the financing with Certificates of Participation to fund the project.

5.

Clarence E. Lightner Public Safety Center, Construction Manager - PreConstruction Services Council authorized a contract for Construction Manager at Risk (CMAR) preconstruction services and a contract was executed with Clancy & Theys/Archer Western, Joint Venture through approximately 50% of the Construction Documents Phase of the project. In order to proceed with the project in an orderly and efficient process the extension of the CMAR’s contract needs to be accomplished at this time. Additional information is in the agenda packet. Recommendation: Authorize the City Manager to execute Amendment No. 2 to the Pre-construction Services Agreement with Clancy & Theys/Archer Western, Joint Venture in the amount of $462,904 for completion of preconstruction services. Funds are available in the Interim CIP Budget for this project and will be transferred administratively.

6.

Clarence E Lightner Public Safety Center, Design Services - Complete Construction Documents Council authorized a contract for 50% Construction Documents design services and a contract was executed with Kling Stubbins through approximately 50% of Construction Documents Phase.

17

City Council Agenda

December 1, 2009

The extension of the Kling Stubbins contract needs to be accomplished at this time in order to proceed with the project in an orderly and efficient process. Additional information is included in the agenda packet. Recommendation: Authorize the City Manager to execute Amendment No. 4 to the Design Services Agreement with Kling Stubbins in the amount of $2,465,000 for completion of construction document services. Funds are available in the Interim CIP Budget for this project and will be transferred administratively. 7.

Remote Operations - Solid Waste Services, Wilders Grove Solid Waste Service Center Bids have been advertised and are expected to be received December 3, 2009, for the construction of the Solid Waste Services project located at 630 Beacon Lake Drive. The 2009-2010 CIP included financing of this facility through issuance of Certificates of Participation (COPS) in order to award the project in January of 2010 if suitable bids are received. Additional information is in the agenda packet. Recommendation: Authorize the financing with Certificates of Participation to fund the project.

F.

REPORT AND RECOMMENDATION OF THE ARTS COMMISSION Bunny Safron, Community Representative, Martha Keravuori, United Arts Council of Raleigh and Wake County and Charissa Todd, Greater Raleigh Convention and Visitors Bureau, have been appointed to serve on the 2010-2011 Arts Commission Grants Panel. It is necessary that the City Council concur in their appointment. Recommendation: Approve appointments as indicated.

G.

REPORT AND RECOMMENDATION OF THE HUMAN RELATIONS COMMISSION A representative of The Human Relations Commission will be present to make a report.

H.

REPORT AND RECOMMENDATION OF THE RALEIGH HISTORIC DISTRICT COMMISSION 1.

Historic Landmark Designation Referral The Raleigh Historic Districts Commission (RHDC) has received one owner-initiated application for Raleigh Historic Landmark designation: Latta House and University Site, 1001 Parker Street. There are presently 137 designated Raleigh Historic Landmarks. The RHDC has reviewed the application and found on August 18, 2009 that it meets the criteria for designation contained in G.S. 160A-400.5 and City Code section 10-1053(a). City Code Section 10-1053 sets out certain actions for the City Council to take in regard to the application. Recommendation: Refer the application to the Department of Cultural Resources, Division of Archives and History for its analysis and recommendation concerning the report; refer the application to the Latta House Foundation for its comment regarding the report; and authorize a joint public hearing before the City Council and the Raleigh Historic Districts Commission on

18

City Council Agenda

December 1, 2009

the evening of Tuesday, January 19, 2010, to receive public comment on the historic landmark report and proposed landmark designation. I.

REPORT AND RECOMMENDATION OF THE STORMWATER MANAGEMENT ADVISORY COMMISSION The Stormwater Management Advisory Commission has developed a proposed work plan for the coming year for review by the City Council. A brief review of the recommendations will be made at the meeting. Recommendation: Approve the Stormwater Management Advisory Commission work plan.

J.

REPORT AND RECOMMENDATION DEVELOPMENT COMMITTEE 1.

No report

2.

Items Pending

OF

THE

BUDGET

AND

ECONOMIC

Item #07-49 - Capacity Fee Structure - Incentives/Rebates (4/27/09) Trains - Quiet Zones Downtown Item #07-57 - Water conservation Recommendations (10/20/09) Item #07-60 - Tarboro Road Area - Public Safety Concerns (11/3/09) Item #07-61 - Water Rates - Home Dialysis Patients (11/3/09) K.

REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNING COMMITTEE 1.

No report

2.

Items Pending Item #07-10 - Tree Conservation Ordinance - Tree survey (9/2/08) Item #07-15 - TC-1-08 - Building Lot Coverage Within O & I Districts (4/1/08) Item #07-57 - TC-3-09 - Holly Ridge Farms Built Environmental Regulations (7/7/09)

L.

REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETY COMMITTEE 1.

No report

2.

Items Pending None

M.

REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE 1.

No report

2.

Items Pending Item #07-68 - Stormwater and Public Utilities Systems - Possible Merger (10/20/09) Item #07-69 - Hillsborough Street - Bicycle Accommodations (11/3/09) Item #07-70 - Honeycutt Park Greenway - Concerns (11/3/09) Item #07-71 - Chadwick Townhomes - Private Streets/General Policy (11/17/09)

N.

REPORT OF MAYOR AND COUNCIL MEMBERS

O.

APPOINTMENTS The following committees have appeared on past agendas and some nominations have been made. The Council may take action to make appointments or if the nominations have not been 19

City Council Agenda

December 1, 2009

closed, 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 on that board or commission. Appearance Commission - One Vacancy No nominees Raleigh Durham Airport Authority - Two Vacancies Kim Frazier* (Isley/Baldwin) Geoff Elting* (Isley/Baldwin) Stormwater Management Advisory Commission - One Vacancy Kevin Boyer (Crowder/Stephenson) Unified Development Ordinance Group - 13 Vacancies During the November 17, Council meeting, the Council agreed to the appointment of this group. Various categories were agreed upon. Information is in the agenda packet. P.

NOMINATIONS Fair Housing Hearing Board - One Vacancy The term of Octavia Rainey is expiring is December, 2009. She has served since 2002. Parks, Recreation and Greenway Advisory Board - One Vacancy The term of Becky Oxholm is expiring. She is eligible for reappointment, has a good attendance record and would like to be considered for reappointment. Planning Commission - One Vacancy The term of Maha Chambliss expires in January. She has served since 2004; therefore is not eligible for reappointment.

Q.

REPORT AND RECOMMENDATION OF THE CITY ATTORNEY

R.

REPORT AND RECOMMENDATION OF THE CITY CLERK 1.

Minutes of the November 17, 2009, Council meeting will be presented.

20

City Council Agenda

December 1, 2009

EVENING AGENDA - 7:00 P.M. A.

B.

REQUESTS AND PETITIONS OF CITIZENS 1.

Danny Rosin, Band Together, would like to engage the City from a civic and Sponsorship standpoint.

2.

Alex Amra would like to discuss the amplified entertainment ordinance.

3.

Bruce Lightner and others would like to discuss the Project Ricochet Gang Prevention Organizing Committee.

4.

Otis Price would like to make a presentation on positive laws.

5.

Doug Britt, D. Britt Enterprises, would like to discuss recycling and stormwater bills received for his property.

6.

Ellen Campen would like to propose traffic restrictions relating to Sanderson and Wake Drive.

MATTERS SCHEDULED FOR PUBLIC HEARING 1.

2.

A hearing to consider the adoption of an ordinance authorizing the demolition of the unfit buildings as listed below and pursuant to the provisions of Section 10-6131 of the Code of the City of Raleigh: LOCATION

PROPERTY OWNER

TAX ID NO.

TIME LAPSE

2 Ashe Avenue (D)

FMW Hillsborough & Morgan LLC

0039661

132 Days

616 Dorothea Drive (D)

CitySpace RP LLC

0289265

253 Days

3905 Thelma Street (C)

Vernon J. Vernon

0064641

131 Days

A hearing to consider the adoption of a resolution confirming the charges for the abatement of public nuisances as a lien against the property as listed below: LOCATION

PROPERTY OWNER

TAX ID NO.

ABATEMENT

520 Banks Street(C)

James V. Waldo & Mary J. Kelly

0063639

$398

3017 Barnsley Lane(B)

William C. Vick, Jr.

0077982

$368

920 South Bloodworth Street ( C)

Irma H. Harris & Aljerney Harris

0060346

$254

6001 Bunchberry Court (B)

Matthew L. Daniel

0156792

$390

317 Camden Street(C)

Phillip Teague

0102337

$301

824 Campanella Lane(C)

Charlie Jr. & Margaret L. Hinton

0031164

$434

814 Cotton Place (C)

James Otis Alston & Rosabelle Alston Hinton

0001694

$256

818 Cotton Place(C)

James Otis Alston & Rosabelle Alston Hinton

0001695

$254

21

City Council Agenda

December 1, 2009

3204 Crandon Lane(B)

Ervin Douglas Britt & Joan Henderson Britt

0134394

$249

460 Dacian Road(C)

Barbara Karas

0061650

$371

714 Fitzgerald Drive(C)

James C. Santos

0007723

$390

752 St. George Road(C)

Dorothy Gaithers Heirs, c/o Ronald Davis

0069695

$1922

201 Gilbert Avenue(D)

Inez G. Messer

0028051

$320

2213 Hatton Way(B)

Terrance & Debra Fisher

0252307

$344

307 Heck Street(C)

Pearlette Pullen

0057684

$286

1214 Ileagnes Road(D)

Cattano Construction, Inc.

0354156

$288

4361 Karlbrook Lane(B)

Pamela Anita Pierce

0338394

$282

213 Kennedy Street(C)

Daisy Lila Lee Heirs c/o JD Lee Sr.

0041298

$417

1329 Marlborough Road(C)

Janet Elise McCormick & Donald P. McCormick

0041684

$382

1010 E. Martin Street(C)

Renee Wilson

0034402

$395

408 Martin Luther King Jr. Boulevard(C)

Michael Downs

0016055

$428

7133 North Ridge Road(A)

E. John Poindexter & Jeffrey D. Lucas

0086425

$367

217 Pettigrew Street(C)

SunTrust Bank

0009511

$402

1603 Poole Road(C)

Juanique Welch

0043648

$317

1710 Ridge Road(E)

Cary R. Joshi

0008012

$359

2904 Smooth Stone Trail(C)

Comstock Homes of Raleigh, LLC

0342576

$110

2908 Smooth Stone Trail(C)

Comstock Homes of Raleigh, LLC

0342577

$289

417 Solar Drive(C)

James & Annette Shufford

0102159

$428

234 East South Street(C)

Robert Taylor Heirs c/o Dorothy Wilson, Exc.

0069634

$291

133 Star Street(C)

Ruby L. Hodge

0008492

$480

521 Steel Street(D)

Fate Hope

0029807

$400

8004 Upper Lake Drive(A)

Comstock Landing LLC

0295140

$331

8006 Upper Lake Drive(A)

Comstock Landing LLC

0295139

$309

8008 Upper Lake Drive(A)

Comstock Landing LLC

0295138

$331

8041Upper Lake

Comstock Landing LLC

0295223

$453

22

City Council Agenda

December 1, 2009

Drive(A) 904 Weston Street(C)

Elizabeth Lausell & Carol Lilienfeld, Esq.

0015889

$301

2045 Winston Diamond Court(C)

Michael E. Caulton

0289457

$282

3.

A hearing to consider the petitioned annexation of property known as Water Garden. If following the hearing, the Council wishes to proceed with the annexation, it would be appropriate to adopt an ordinance annexing the property effective December 31, 2009, and a resolution placing the property in Electoral District E.

4.

A hearing to consider authorizing sidewalk repairs at 1700 Park Drive with the cost of approximately $330 to be assessed against the property owner according to Code Section 6-2023.

5.

A hearing to consider confirming the following preliminary assessment rolls: Sewer AR 1312 - Planna Terra Annexation area according to charges outlined in Resolution 2009 - 23 adopted on November 3, 2009. Sewer AR 1336 - Skycrest/Dogwood Drive Annexation area according to charges outlined in Resolution 2009 - 24 adopted on November 3, 2009. Sewer AR 1336A - Skycrest/Dogwood Drive Annexation area according to charges outlined in Resolution 2009 - 25 adopted on November 3, 2009.

6.

A hearing to consider a request from the Roman Catholic Diocese of Raleigh to purchase an existing 20 foot wide City of Raleigh easement approximately 245 feet long, approximately 4,896 square feet located at the Saint Francis of Assisi Church property on Leesville Road for $150.

7.

A hearing to consider an exchange of right-of-way and temporary construction easement for the Garner Road Redevelopment Area South State Improvement Project according to information included in Resolution 2009-19.

23