city council agenda1-20

8/14/2019 City Council Agenda1-20

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City Council Agenda January 20, 2009

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UUNOTICE 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 - Reverend Paul Anderson, Baptist Grove Church2. 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. UUAnnual Certification of FirefightersNorth Carolina General Statute 58-86-25 requires the City of Raleigh to submit acertified roster of its firefighters annually. The roster determines eligibility for line-of-duty death benefits and pension fund credit.

UU

RecommendationUU

:

Approve the Mayors signature on the certification.

2.UU

Hillsborough Street Roundabouts Project - Property Exchange and Residual

Property Sale

Staff has been working to acquire right of way, slope, and temporary constructioneasements from John Wardlaw, Jr. for the Hillsborough Street Roundabouts Project.

In order to facilitate a negotiated settlement for the necessary right of way, slope, and

temporary construction easements needed from Mr. Wardlaw, staff requests authorizationto proceed with a proposed property exchange & sale of residual property to Mr.Wardlaw, and to publish a Notice of Intent to conclude the proposed property exchangeand sale.

UURecommendationUU:

Approve the proposed property exchange and sale of the residual property to JohnWardlaw, Jr. and authorization to publish a Notice of Intent, pursuant to GS 160A-271, toconclude the proposed property exchange and sale.

3. UURoad Races3.1 UUCentennial Campus Vicinity

Amy Orders, representing the NCSU Police Department, requests a street closureon Saturday, February 28, 2009, from 8:00 a.m. until 11:00 a.m. for a road race.

UURecommendationUU:

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

3.2UU

Clark Avenue Vicinity

Julie Francis, representing Less Fork, More Foot 5K, requests a street closure onSunday, April 26, 2009, from 2:00 p.m. until 4:00 p.m. for a road race.
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UURecommendationUU:

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

4. UUGrants4.1 UUCISCO Systems, Inc.

Cisco Systems, Inc. has offered the City of Raleigh a cash grant of $10,000 insupport of the Citys student internship programs. Budgetary accounts wereestablished and approved during the July 15, 2008, Council meeting inanticipation of the gift. These accounts and amounts have not changed; however,City Council action is required to accept the grant funds and to authorize the CityManager to enter into the Grant Agreement on behalf of the City.

UURecommendationUU:

Accept the grant and authorize the City Manager to execute the Grant Agreementwith Cisco Systems, Inc.

4.2 UUClean Water Management Trust Fund (CWMTF) Application - LandAcquisition for the Neuse River Greenway, Walnut Creek Greenway

Extension, and Crabtree Creek Greenway Extension

The Parks and Recreation Department requests authorization to submit anapplication to the Clean Water Management Trust Fund (CWMTF) for matchingfunds to acquire 70+/- parcels along the Neuse River, Walnut Creek, and theCrabtree Creek greenway corridors. Approximately 280 acres must be acquiredfor these three projects. The City of Raleigh currently has secured greenwayinterests for most of the parcels needed to complete these planned greenwaytrails. The CWMTF funding assistance would be utilized to purchase and/oracquire greenway easements where ownership gaps remain. The acquisitionfunding included in the budget for each of these projects will be used to meet the50% match requirements.

UURecommendationUU:

Authorize the Mayor and the City Manager to execute the necessary documentsto apply for the Clean Water Management Trust Fund Grant.

4.3 UU2009 Park and Recreation Trust Fund (PARTF) Grant FundingThe Parks and Recreation Department is applying for a Park and RecreationTrust Fund (PARTF) Grant for Hill Street Park (formerly Timberlake Park). Theapplication requires that the City commit to 50/50 matching funds if the grant isawarded, and also requires the signature of the chief elected official.

Hill Street Park is a 16-acre site located in east-central Raleigh. The Master Planwas adopted by the City Council on November 7, 2007. Funds for the grant

match are available in account 636-9464-79001-975. This grant request will bein the amount of $500,000 and will be used for design and first phasedevelopment of the park.

UURecommendationUU:

Authorize the Mayor and the City Manager to execute the necessary documentsto apply for a PARTF Grant for Hill Street Park.
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/05PR_Grant_Clean_Water_Management_Trust_Fund.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/05PR_Grant_Clean_Water_Management_Trust_Fund.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/05PR_Grant_Clean_Water_Management_Trust_Fund.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/05PR_Grant_Clean_Water_Management_Trust_Fund.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/05PR_Grant_Clean_Water_Management_Trust_Fund.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/06PR_Grant_2009_Park_and_Recreation_Trust_Fund.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/06PR_Grant_2009_Park_and_Recreation_Trust_Fund.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/06PR_Grant_2009_Park_and_Recreation_Trust_Fund.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/06PR_Grant_2009_Park_and_Recreation_Trust_Fund.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/05PR_Grant_Clean_Water_Management_Trust_Fund.pdf


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4.4 UUNorth Carolina Department of Transportation (NCDOT) Safe Routes toSchools Grant Application

The North Carolina Department of Transportation (NCDOT) Division of Bicycleand Pedestrian Transportation is accepting applications for the Safe Routes toSchool (SRTS) Infrastructure Grant Reimbursement Program. This program is

funded by the Federal Highway Administration and provides opportunities forcommunities to make bicycling and walking to school a safer and more appealingtransportation alternative. SRTS Infrastructure grants provide funds forplanning, design and construction of facilities to enhance walking and bicycleconnections to elementary and middle schools. Sycamore Creek Elementarylocated at 10921 Leesville Road in Northwest Raleigh has agreed to work withthe City in completing a proposal to improve sidewalk connectivity between theschool and adjacent Dominion Park Neighborhood. Currently there arenumerous gaps in sidewalk connections in this area, which need to be correctedin order to provide an improved walking environment for students.

The grant program requires that the City enter into a reimbursement agreementwith NCDOT and also serve as the lead agency responsible for managing the

construction and maintenance of the infrastructure improvements. Thisreimbursement program is 100% federally funded and no local match is required.The SRTS project currently scoped for Sycamore Creek Elementary Schoolincludes the construction of five-foot sidewalks along both segments of CapeCharles Drive and Dominion Boulevard within the Dominion ParkNeighborhood. The approximate cost for the proposed sidewalk improvements is$150,000.

UURecommendationUU:

Authorize staff to apply to NCDOT for the Safe Routes to School InfrastructureGrant for the purpose of constructing sidewalks in the Dominion ParkNeighborhood.

4.5 UUClean Water Management Trust Fund Grant (CWMTF) - Restoration andWater Quality Improvements to Upper Longview Lake and Bertie Creek

(Upstream of Albemarle Drive)

The Public Works Department is applying for a Clean Water Management TrustFund (CWMTF) Grant this year. The grant application requires authorizationfrom the City Council to submit the application and enter into an agreement thatmay result from the grant submission.

This grant application is for funding of potential stream enhancement projectconstruction costs along Bertie Creek and a lake preservation project at UpperLongview Lake. The design for these projects is underway and is jointly fundedby the City and a CWMTF grant. Improvements in this area have previously

been funded in the Stormwater Capital Improvement Program (CIP).

These projects will improve water quality in the Bertie Creek watershed. It isestimated these projects will involve up to 5,000 linear feet of streamenhancement improvements and the lake/wetland preservation project. Theimprovements construction costs are estimated to be in the range of $3,000,000to $4,000,000. It is anticipated the grant application will request 50% of theconstruction costs from the CWMTF. Bertie Creek drains into Crabtree Creekwhich is listed as an impaired stream by the State and EPA which will require theCity to take steps to improve the water quality within this watershed.
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/07PW_Grant_NCDOT_Safe_Routes_to_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/07PW_Grant_NCDOT_Safe_Routes_to_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/07PW_Grant_NCDOT_Safe_Routes_to_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/07PW_Grant_NCDOT_Safe_Routes_to_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/08PW_Grant_Clean_Water_Mgmt_Upper_Longview_Lake_and_Bertie_Creek.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/08PW_Grant_Clean_Water_Mgmt_Upper_Longview_Lake_and_Bertie_Creek.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/08PW_Grant_Clean_Water_Mgmt_Upper_Longview_Lake_and_Bertie_Creek.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/08PW_Grant_Clean_Water_Mgmt_Upper_Longview_Lake_and_Bertie_Creek.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/08PW_Grant_Clean_Water_Mgmt_Upper_Longview_Lake_and_Bertie_Creek.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/08PW_Grant_Clean_Water_Mgmt_Upper_Longview_Lake_and_Bertie_Creek.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/07PW_Grant_NCDOT_Safe_Routes_to_School.pdf


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UURecommendationUU:

Authorize the City Manager to execute the grant application and any agreementsthat may result from the grant application to the Clean Water Management TrustFund.

5. UUPermanent Sanitary Sewer Easement - 2933 Brennan DriveCreedmoor Preserve LLC has contacted the City to request a 20-foot permanent sanitarysewer easement crossing City of Raleigh property located at 2933 Brennan Drive. Therequested sanitary sewer line would cross the eastern portion of the Citys property andwould connect Creedmoor Preserves planned office building project to an existing Cityof Raleigh sewer line. Monetary compensation in the amount of $8,200 ($1.68/squarefoot), along with non-monetary considerations are to be paid to the City of Raleigh asconsideration for the permanent easement.

UURecommendationUU:

Conveyance of the requested permanent 20-foot sanitary sewer easement in exchange forthe monetary and non-monetary considerations outlined.

6. UUConsultant Services - Downtown Remote Operations Facility - EnvironmentalRemediationOn December 2, 2008, Council authorized the City Manager to negotiate contract(s)using the escrow funds for Environmental Work (investigations, testing and remediation)associated with the site and to proceed with needed environmental investigative andplanning work. A contract was negotiated with Duncklee & Dunham, Inc. based on priorwork during site acquisition and as recommended by the City Attorney. The City hasuntil December, 2009 to expend escrow funds for this Environmental Work prior to suchfunds reverting to the prior owner. The City needs to select a Registered EnvironmentalConsultant (REC) to provide additional services as required to develop the remedialinvestigation work plan defining the environmental work and to proceed with theimplementation.

UURecommendationUU:

Approve the selection of Duncklee & Dunham, Inc. as the Registered EnvironmentalConsultant (REC) and authorize the City Manager to execute Amendment #3 in theamount of $22,036 contract for Environmental Work (investigative, testing andremediation) associated with the site. Funds are in place and will be handledadministratively.

7. UUContract Amendments7.1 UUSurdex, Inc.

In April 2001, the City entered into a contract with Surdex, Inc. to complete a

multi-year digital orthophoto, topographic and planimetric mapping project. InFebruary 2004, the contract was amended to provide annual aerial photographyand updates of the topographic and planimetric data for five years. This projecthas been extremely successful and has provided data which is used by City staffand citizens on an ongoing and daily basis. Therefore, the City would like toamend the contract once again to continue the annual updates for another fiveyears.

The proposed amendment also includes the addition of annual oblique imageryfrom Pictometry International. The first year of oblique imagery will be
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/09AS_Easement_Permanent_Sanitary_Sewer_2933_Brennan_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/09AS_Easement_Permanent_Sanitary_Sewer_2933_Brennan_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/09AS_Easement_Permanent_Sanitary_Sewer_2933_Brennan_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/09AS_Easement_Permanent_Sanitary_Sewer_2933_Brennan_Drive.pdf


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primarily funded by a Department of Justice Appropriation that is providingimagery and software for the Wake and Durham County 911 centers. Theproposed contract amendment includes the annual update of this imagery forRaleighs jurisdiction.

This proposal calls for annual updates at a maximum cost of $405,410. The first

year cost is $340,209 and funds are currently allocated in this fiscal years budgetto continue the updates and acquire the oblique imagery.

UURecommendationUU:

Approve amending the current contract and extend the annual aerial photographyand data update program for another five years and include oblique imagery inthe annual update program.

7.2 UUWrenn Road Wastewater Treatment Facility Project - Amendment #6The City currently has an agreement with HDR Engineering, Inc., of theCarolinas, for the Wrenn Road Wastewater Treatment Facility Project. ContractAmendment #6, in the amount of $448,000, is for permitting and designmodifications necessary to allow the Wrenn Road facility to accept wastewaterand solids from the new Dempsey E. Benton Water Treatment Plant. Work alsoincludes a stability analysis of the existing lagoon dikes and preparation ofcontract documents for the removal and disposal of sludge currently in the twotreatment lagoons.

UURecommendationUU:

Approve Amendment #6 (transfer to be handled administratively).

UU

Transferred FromUU

:

349-9296-79001-975 Removal Garner 201 Facility $448,000.00

UU

Transferred ToUU

:

349-9296-79201-975 Removal Garner 201 Facility $448,000.00

8. UUPersonnel Changes8.1 UUInformation Technology - Position Reclassification - Application

Development

The Information Technology Department currently has a vacant Systems AnalystProgrammer, pay grade 34, in Application Development. It is desirable toreclassify the position to a Senior Systems Analyst/Programmer, pay grade 37 tosupport the ERP project. The Personnel Department has reviewed the requestand concurs with the reclassification of the position. Funds are available in thesalary account.

UURecommendationUU:

Approve the reclassification of a Systems Analyst Programmer (3788), pay grade34 to Senior Systems Analyst/Programmer; code 0318, pay grade 37.

8.2UU

Information Technology - Position Reclassification - Application

Development

The Information Technology Department currently has a vacant Systems/AnalystProgrammer, pay grade 34, in Application Development. It is desirable toreclassify the position to an Assistant Information Technology Director, pay


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grade 44 to manage the IT Shared Services Division. The Personnel Departmenthas reviewed the request and concurs with the reclassification of the position.Funds are available in the salary account.

UURecommendationUU:

Approve the reclassification of Systems/Analyst Programmer (3949), pay grade

34 to Assistant Information Technology Director; code 0456, pay grade 44.

8.3 UUInformation Technology - Position Reclassification - GISThe Information Technology Department currently has a vacant GIS Analyst,pay grade 32. IT requests a reclassification of the position to a TechnologySupport Administrator, pay grade 37. The Personnel Department has reviewedthe request and concurs with the reclassification of the position.

UURecommendationUU:

Approve the reclassification of GIS Analyst (5283), pay grade 32 to TechnicalSupport Administrator; code 0346, pay grade 37; and an administrative budgettransfer between IT organizations 1825 and 1860 in the amount of $25,800.

8.4 UUInformation Technology - Title Change - GISThe Information Technology Department currently has a vacant Senior GISProgrammer/Analyst position, pay grade 37. It is desirable to approve the titlechange to Senior Systems Analyst/Programmer, pay grade 37 to support the ERPproject. The Personnel Department has reviewed the request and concurs withthe title change.

UURecommendationUU:

Approve the title change of Senior GIS Programmer/Analyst (5282), pay grade37 to Senior Systems Analyst/Programmer; code 318, pay grade 37. There areno budgetary constraintsassociated with this title change.

8.5 UUPublic Utilities Position ReclassificationPublic Utilities currently has a vacant Equipment Operator III position,classification #4013, (5235-605, #003567), pay grade 27, in the Reuse Division.In order to operate more efficiently, it is requested to reclassify this vacantposition to a Utilities Supervisor II, classification #4352, pay grade 31. Fundsare currently available in the divisional salaries account for the remainder of thecurrent fiscal year. The Personnel Department has reviewed the request andconcurs with the reclassification of the position.

UURecommendationUU:

Approve the reclassification of this position.

9. UUEncroachment Requests9.1 UU558 East Cabarrus Street

A request has been received from Rush Metropolitan Church to encroach on Cityright-of-way for the purpose of maintaining building steps, entry porch and trees.A report is in the agenda packet.

UURecommendationUU:

Approve the encroachment subject to the conditions in the administrative report.
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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.pdf


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9.2 UU215 North Dawson StreetA request has been received from the North Carolina Association of CountyCommissioners to encroach on City right-of-way for the purpose of installing anhistorical marker. A report is in the agenda packet.

UURecommendationUU:


9.3 UU710 Independence PlaceA request has been received from Bloomsbury, LLC to encroach on City right-of-way for the purpose of installing trees, pavers and historical marker (boulder).A report is in the agenda packet.

UURecommendationUU:


9.4 UU205 North Harrington StreetA request has been received from PHP Development, LLC to encroach on Cityright-of-way for the purpose of installing building footings and overhang,canopies and trees. A report is in the agenda packet.

UURecommendationUU:


9.5 UU300 North Salisbury StreetA request has been received from Wake County to encroach on City right-of-wayfor the purpose of installing soil nails/shoring system. A report is in the agendapacket.

UURecommendationUU:


10.UU

Budget Amendments

10.1UU

Fire

The following accounts should be increased by:

UURevenue AccountUU:

810-7033-51317-984 Fire-NCEM Equipment Grant (RRT) $205,714.00

UUExpense AccountsUU:

810-7033-71201-984 Training and Travel $ 20,000.00810-7033-75222-984 Safety/Hazmat Equipment

UU

185,714.00

$205,714.00UUPurposeUU:

To accept a grant from the North Carolina Department of Crime Control andPublic Safety, Division of Emergency Management for equipment and trainingfor the Hazardous Materials Regional Response Team.
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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.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/10Inspections_Adm_Encroachments.pdf


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10.2 UUPoliceThe following accounts should be increased by:

UURevenue AccountUU:

100-0000-53298-000 Approp. From Special Reserve $413,335.00

UUExpense AccountUU:

100-4010-75290-361 Capital Equipment $413,335.00

UUPurposeUU:

To purchase software, hardware and peripheral equipment for the PoliceDepartment in order to expand capabilities and services in the area of informationand technology. This involves a cost of $370,035 and funds will be obtainedfrom Asset Forfeiture. (Account # 100-0000-40014-000).

11. UUMajor Water and Sewer Reimbursement ContractsThe following reimbursable contracts have been prepared for Council approval and theCity Managers signature. Costs have been certified by the Public Utilities Department.

Water Area 1 Contract #2Wake CountyJones Sausage Road and Garner Road Watermain Extension Project in GarnerConstruct 12-inch and larger water mainsTotal Reimbursement $143,780.00

Wastewater Area 1 Contract #2Wake CountyUpper White Oak Basin Force Main Extension Project in GarnerConstruct 14-inch force mainTotal Reimbursement $301,950.00

UU

RecommendationUU

:Approve contracts.

12. UUThoroughfare Facility Fee Reimbursement Contract2008 #24 Thoroughfare Facility FeePulte Home Corporation/Ebenezer Church Road/Priority 2 ProjectTotal Reimbursement $89,048.93

UURecommendationUU:

Approve contract.

13. UUChange Orders13.1 UUOptimist Pool Change Order #3

This change order is for an increase of $200,619.70.

UU

ReasonUU

:

Change Order #3 ($200,619.70) includes a variety of construction related feesand practices. Modifications made to the HVAC to move duct work to theoutside of the pool enclosure, changes in electrical and plumbing needed as the


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result of the building code during inspections/permitting, repairs and painting tothe pool shell that were not a part of the original scope of work to the project.

UUHistoryUU:

Original contract amount $3,345,336.00Previous net changes (ADD) $187,862.58

New contract amount $3,733,818.28

Budgetary accounts to be amended:

UU

Transferred FromUU

:

636-9335-79001-975 Neighborhood School Parks $124,804.70625-8849-79290-975 Aquatic Improvements UU 75,815.00

$200,619.70UUTransferred ToUU:

636-8403-79290-975 Optimist Pool $200,619.70

UURecommendationUU:

Approve Change Order #3 in the amount of $200,619.70 for Optimist Pool andauthorize the associated budget transfer.

13.2 UUMillbrook Pool Conversion - Change Order #4This change order is for an increase of $15,263.05.

UUReasonUU:

Due to the lighting and temperature issues at the Millbrook Pool Enclosureadditional modifications were made on the structure to remedy these problems.Services included additional engineering consultation, modifications to HVAC,and change out of the duct socks from existing CIP funds.

UU

HistoryUU

:Original contract amount: $626,034.96Previous net changes (ADD) $278,058.72New contract amount $919,356.73


UUTransferred FromUU:

625-8945-79001-975 Pools - Rimflow Stone Replacement $15,263.05

UU

Transferred ToUU

:

636-9333-79202-975 Conv Seasonal Pool to Yr Rnd - Millbrook $15,263.05

UU

RecommendationUU

:

Approve Change Order #4 in the amount of $15,263.05 for Millbrook PoolConversion and authorize the associated budget transfer to complete and closeoutthe project.


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13.3 UUBentley Woods Annexation, Phase I Water and Sewer Improvements -Change Order #2 - J.F. Wilkerson Contracting Company

This change order is for a net increase of $72,715.05.

UUReasonUU:

For additional work to install sewer services across Falls of Neuse Road andCapital Boulevard. The chemical feed system is being installed on the Highway50 force main to control odor from the force main.

UU

HistoryUU

:

Original contract amount $3,498,902.60Previous net changes (ADD) $50,925.00New contract amount $72,715.05



325-8468-79001-975 Main Replacement $72,715.05

UUTransferred ToUU:

325-9953-79202-975 Bentley Woods - Phase I $72,715.05

UU

Recommendation:

Approve the change order in the amount of $72,715.05 and the budgetarytransfer.

13.4 UURogers Lane Sewer Extension Project - Change Order #2 - MammothGrading, Inc.

This change order is for a net increase of $928,491 and time extension of 90calendar days.

UUReasonUU:

For additional work due to the original design being deemed not constructiblebecause of discovery of an unknown fiber optic cable. A new design for thesewer alignment is complete and will be installed at the same competitively bidprices of the original contract. The new alignment is substantially longer than theoriginal; thus, the increase in cost.

UUHistoryUU:

Original contract amount $497,793.93Previous net changes (DEDUCT) $420,611.21New contract amount $1,005,673.72

Budgetary accounts to be amended:UUTransferred FromUU:

349-9295-79001-975 Lower Crabtree N Sewer Main $507,879.42

UU

Transferred ToUU

:

349-9771-79202-975 Rogers Lane Sewer $507,879.42


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UURecommendationUU:

Approve the change order in the amount of $507,879.42, time extension of 90calendar days, and the budgetary transfer.

14.UU

Transfers

14.1 UU

Community DevelopmentIt is recommended that the following transfer be authorized:

UU

Transferred FromUU

:

741-7516-72520-983 Administration-Housing Grant $ 21,542.23741-7516-77898-983 460 Reimb Stormwater-Housing Grant 830.10741-7544-72527-981 EconDev-JobTrng-EconDevGr 2005/2006 23,826.38741-7544-72527-983 EconDev-JobTrng-EconDevGr 2007/2008 114,848.81741-7545-70804-982 Bldg Demo-ThompsonHunter 2006/2007 1,745.00741-7545-70804-983 Bldg Demo-ThompsonHunter 2007/2008 8,755.00741-7545-71212-983 Relocation -ThompsonHunter 90,000.00741-7545-79101-983 Acquisition-ThompsonHunter 2007/2008 97,962.86

741-7545-79101-984 Acquisition-Thompson Hunter 2008/2009UU

207,989.62$567,500.00

UUTransferred ToUU:

741-7506-70804-981 Building Demo/College Park $ 7,500.00741-7506-79101-981 Acquisitions/College Park 2005/2006 16,326.38741-7506-79101-982 Acquisitions/College Park 2006/2007 1,745.00741-7506-79101-983 Acquisitions/College Park 2007/2008 131,928.62741-7519-70804-983 Bldg Demo-NewBern/Edenton 7,500.00741-7519-79101-983 Acquisition-NewBern/Edenton 2007/2008 194,510.38741-7519-79101-984 Acquisition-NewBern/Edenton 2008/2009 UU 207,989.62

$567,500.00UUPurposeUU:

To provide additional funding to address high priority needs and expend CDBGfunds timely to meet therequired Federal 1.5 expenditure ratio.

14.2 UUPublic Works - Street Maintenance DivisionIt is recommended that the following transfer be authorized:

UU

Transferred FromUU

:

100-2615-71102-232 Equipment Rental $3,500.00

UU

Transferred ToUU

:

251-2615-76005-232 Trucks-Light < 1 Ton-RP $3,500.00

UU

PurposeUU

:

To provide additional funds needed to purchase pickup trucks.

15. UUBids15.1 UUState Street Infrastructure

Following City Council approval on November 4, 2008, the CommunityDevelopment Department solicited formal bids for the construction of theinfrastructure for the State Street Redevelopment Affordable Housing Project.
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/11CD_Bid_State_Street_Infrastructure.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/11CD_Bid_State_Street_Infrastructure.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/11CD_Bid_State_Street_Infrastructure.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/11CD_Bid_State_Street_Infrastructure.pdf


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Eight bids were received on December 17, 2008, with Narron Contracting Inc.submitting the low bid in the amount of $444,808. Narron Contracting submitteda 100% MWBE participation plan.

UURecommendationUU:

Approve the low bid of Narron Contracting Inc. in the amount of $444,808, and

authorize the Community Development Department to enter into a contract forthe construction of the State Street infrastructure, and approve the budgetarytransfer to provide sufficient funding in the appropriate account.


741-7560-79101-984 Garner Rd Redev CDBG-Acquisition $152,686.17

UUTransferred ToUU:

741-7516-72535-984 Housing Grant Gen CDBG-Site Imp $152,686.17

15.2 UUMarsh Creek Community CenterAs approved in the 2003 Parks and Recreation Bond Program, the new Marsh

Creek Community Center is proposed at Marsh Creek Community Park innortheast Raleigh off New Hope Road. Davis-Kane Architects, PA was hired toprovide the design services for this project. The new building will include onegymnasium, lockerooms, large multi-purpose room, fitness room, computerroom, classroom, kitchen, storage, offices and associated site amenities.

Eleven construction bids were received for the new Community Center and werepublicly opened on June 3, 2008. Staff and the consultant reviewed the basebids, alternates and available funding. Staff recommended accepting the base bidand all alternates. The apparent low bidder was D. A. Thomas ConstructionCompany Inc., License No. 34122. The apparent low bid, including allalternates, was in the amount of $4,754,648. Partial electrical work fromProgress Energy, telecommunications and construction testing are not included in

the bid and will be paid for separately. Funding for this project is currentlyavailable in the Parks and Recreation CIP (636-9388-79001-975). Verificationof the MWBE participation for this construction project is provided byAdministrative Services at 16%.

Because of difficulties reported by D.A. Thomas Construction Co. in obtainingperformance and payment bonds by surety licensed in the State, as required byCity bid documents, Thomas has requested that the City consent to an assignmentof their award of the contract to Harrod & Associates Contractors, Inc. Harrodand Associates Contractors has been evaluated by staff and is fully licensed,bonded by a State-licensed surety, and otherwise competent to perform theproject work. The City Attorneys Office has reviewed the assignment instrument

submitted by counsel for D.A. Thomas, and has approved the assignment.UURecommendationUU:

Approve assignment of the construction contract, including the referencedalternates, for the new Marsh Creek Community Center to Harrod & AssociatesContractors Inc., in the total contact amount of $4,754,648, and authorizeexecution of appropriate contract documents.
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/12PR_Bid_Marsh_Creek_Facility_Harrod_and_Associates.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/12PR_Bid_Marsh_Creek_Facility_Harrod_and_Associates.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/12PR_Bid_Marsh_Creek_Facility_Harrod_and_Associates.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/12PR_Bid_Marsh_Creek_Facility_Harrod_and_Associates.pdf


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15.3 UULine Segment #2 of the Southeastern Raleigh Reuse Distribution SystemProject

Twelve bids were received on December 23, 2008, for the Line Segment #2 ofthe Southeastern Raleigh Reuse Distribution System Project, which is the 16-inchreuse transmission main between Auburn-Knightdale Road and Sunnybrook

Road. Thompson Contracting submitted the low bid in the amount of$2,871,641.58. Thompson Contracting submitted an 18.5% MWBE participationplan.

UURecommendationUU:

Approve the low bid of Thompson Contracting in the amount of $2,871,641.58(transfer to be handled administratively).

UU

Transferred FromUU

:

349-8530-79001-975 NRWWTP Reuse $2,871,641.58

UU

Transferred ToUU

:

349-8530-79202-975 NRWWTP Reuse $2,871,641.58

16.UU

Traffic

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

16.1 UUNo Parking Zone - Person StreetIt is recommended that a No Parking Zone be established on the east side ofPerson Street, from Polk Street, extending southward 60 feet.

It has been determined that this intersection has a sight distance issue that can beimproved by creating a no parking zone.

UU

RecommendationUU

:

Approve and amend the following Traffic Schedule.

Add to Traffic Schedule 13:

Person Street, east side, beginning at Polk Street, extending southward 60 feet.

UUTHIS IS THE END OF THE CONSENT AGENDA
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/13PU_Bid_Line_Segment_2_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/13PU_Bid_Line_Segment_2_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/13PU_Bid_Line_Segment_2_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/13PU_Bid_Line_Segment_2_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/14PW_Traffic_No_Parking_Person_Street.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/14PW_Traffic_No_Parking_Person_Street.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/14PW_Traffic_No_Parking_Person_Street.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/14PW_Traffic_No_Parking_Person_Street.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/13PU_Bid_Line_Segment_2_Southeastern_Raleigh_Reuse_Distribution_System.pdf


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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-11270 RezoningPetitionPendency Period

7-0 Refer to CityAttorney

Conflict with StateStatute

2. CR-11271 TC-19-08 8-0 Approval, asrevised

Multifamily Infillon Small Lots

3. CR-11272 SP-53-08 9-0 Approval Rock Quarry Plaza

(THE FOLLOWING ACTION WAS TAKEN BY THE PLANNING

COMMISSION AT THEIR OCTOBER 28, 2008 MEETING, BY UNANIMOUS

VOTE)

4. CR-11257 TC-15-08 8-0 Approval* Historic DistrictsCommission

(THE FOLLOWING ACTIONS WERE TAKEN BY THE PLANNING

COMMISSION AT THEIR JANUARY 13, 2009 MEETING, BY UNANIMOUS

VOTE)

1. UURezoning Petition Pendency Period

This is a request for review of the Zoning Code and Subdivision Regulations as theyrelate to withholding the issuance of building permits and subdivision approvals duringthe pendency of a rezoning petition.

UUCR-11270UU from the Planning Commission recommends that the City Attorney review thecurrent Raleigh code provision for compliance with the 2006 moratorium statute and, asnecessary, draft any text change appropriate to remedy any conflicts.

2. UUTC-19-08 - Multifamily Infill on Small Lots

This text change proposes to amend the Zoning Code to require preliminary site planapproval by the City Council for development plans proposing multifamily, townhouse orgroup housing developments on residentially-zoned lots less than 2 acres.

UUCR-11271UU from the Planning Commission recommends that this text change be approved,as revised.

3. UUSP-53-08 - Rock Quarry Plaza

This request is to approve a 30,000 square foot shopping area with 4 buildings on a 5.39acre site composed of two parcels, zoned Neighborhood Business Conditional UseDistrict. Through the development of this tract, Battle Bridge Road will be re-aligned atthe intersection of Rock Quarry Road and as a result of this re-alignment a (0.24 acre)parcel of property north of Battle Bridge Road will be created.
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/15Planning_Planning_Commission.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/15Planning_Planning_Commission.pdf


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UUCR-11272UU from the Planning Commission recommends approval with conditions.

(THE FOLLOWING ACTION WAS TAKEN BY THE PLANNING

COMMISSION AT THEIR OCTOBER 28, 2008 MEETING, BY UNANIMOUS

VOTE)

4. UUTC-15-08 - Historic Districts Commission

This text change proposes to amend the City Code (Volume II Part 10, Chapter 1,Planning and Development General Provisions) regarding the composition of the RaleighHistoric Districts Commission as follows: reducing from one-third (1/3) to one-fourth(1/4) the minimum percentage requirement for members residing or owning property inan historic overlay district, and to allow this minimum to also be met by includingmembers either owning or residing within a designated historic landmark (currently, onlymembers within historic overlay districts qualify).

UUCR-11257UU from the Planning Commission recommends that this text change beapproved.*

UU

*Council should consider deferring action on this item until voting on the

ratification of the amendments to the Historic Districts Commissions Bylaws which

follows this item on todays agenda (Report of the Raleigh Historic Districts

Commission).

E. SPECIAL ITEMS1. UUNeuse River Wastewater Treatment Plant 15 Million Gallon per Day Capacity

Expansion Project - Amendment #1

The following item appeared on the January 6, 2009, agenda:

The City currently has an agreement with Hazen and Sawyer for the Neuse RiverWastewater Treatment Plant 15 Million Gallon per Day Capacity Expansion Project.Contract Amendment #1, in the amount of $3,418,900, is for the design fee. The originalcontract was for a preliminary engineering report for the expansion with the intent that

the design fee would be added by amendment after the report was complete so that thescope of services would be more clearly defined.

UURecommendationUU:

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


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

UUTransferred ToUU:

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

Following discussion on whether to move forward with this project until such time asadditional information on the budget, tiered water rates and other economic informationis received, a motion was made to approve the amendment as outlined. That motionfailed on a four-three vote. It was directed the item be placed on this agenda for furtherconsideration. Additional information is in the agenda packet.
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/16PU_SI_Neuse_River_WWTP_15_MGD_Capacity_Expansion.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/16PU_SI_Neuse_River_WWTP_15_MGD_Capacity_Expansion.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/16PU_SI_Neuse_River_WWTP_15_MGD_Capacity_Expansion.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/16PU_SI_Neuse_River_WWTP_15_MGD_Capacity_Expansion.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/16PU_SI_Neuse_River_WWTP_15_MGD_Capacity_Expansion.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/16PU_SI_Neuse_River_WWTP_15_MGD_Capacity_Expansion.pdf


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2. UUPublic Utilities - Southeast Raleigh Reuse Distribution System Project Line Segment#1

The following item appeared on the January 6, 2009, agenda:

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

responsive. Seaside Environmental Contracting submitted the low bid in the amount of$1,162,658. Seaside Environmental Contracting submitted a 28.7% MWBE participationplan.

UURecommendationUU:

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

UU

Transferred FromUU

:

349-8530-79001-975 NRWWTP Reuse $1,162,658.00

UU

Transferred ToUU

:

349-8530-79202-975 NRWWTP Reuse $1,162,658.00A discussion took place relative to budget status, additional information needed relativeto tiered water rates, economic conditions, etc., and a vote to approve therecommendation failed on a four-three vote. It was directed that the item be placed onthis agenda for further consideration. Additional information is in the agenda packet.

3. UULegislative AgendaDuring the January 6, 2009, City Council meeting City Attorney McCormick presented aproposed legislative agenda and asked Council Members to look over the proposals andmake recommendations on additions, deletions, etc. and place the item on this agenda forfurther consideration.

4.

UU

Board of Adjustment Request for Filing Fee ReimbursementDuring the January 6, 2009, City Council meeting Margaret Peggy Elizabeth Seymorerequested the return of a $200 filing fee relating to Board of Adjustment case A-109-08.The item was referred to the City Attorney for investigation and recommendation back tothis meeting. Ms. Seymore has requested that the item be deferred until the February 3,meeting as she has a conflict and cannot attend this meeting.

5. UUDowntown Raleigh Municipal Service DistrictDuring the January 6, 2009, City Council meeting a hearing was held to consider the re-establishment of the Downtown Raleigh Municipal Service District. Questions wereasked relative to the possibility of deleting New Bern Place Condominiums as well as thedesire for discussions with the Downtown CACs. It was directed that the item be placed

on this agenda for further consideration.

6. UUAnnexation - Ellis Property/3503 Page RoadDuring the January 6, 2009, City Council meeting a hearing was held to consider thepetitioned annexation of the Ellis property - 3503 Page Road with the understanding thatfollowing the hearing if the Council wished to proceed it would be appropriate to adoptan ordinance annexing the property effective March 31, 2009, and a resolution placingthe property in City Council Electoral District E.
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During the hearing questions were raised relative to the rezoning of this property andpossible conditions on the rezoning case with adjacent property owners requesting thatthe annexation be delayed to allow additional opportunity for discussion of proposedconditions relative to the rezoning. It was directed that the item be placed on this agendafor further consideration.

7. UU

Tobacco Use in ParksOn September 5, 2007, the City Council referred the question of restricting smoking inparks, particularly in childrens play areas, to the Parks, Recreation and GreenwayAdvisory Board.

On April 1, 2008, the Parks, Recreation and Greenway Advisory Board voted torecommend that City Council present a legislative amendment to NCGS 207-193, HouseBill 24 and to forward the Tobacco Use in Parks Resolution for consideration. Theaction of Council was to direct that the resolution be placed on this agenda for a decisionas to whether to request legislative authority from the General Assembly and at the sametime ask Administration to look at our park sites and where we see problem areas, that iscigarette butts, to place a sign asking people to please not smoke and that the City installproper disposal units. A copy of the information is in the agenda packet.

F. REPORT AND RECOMMENDATION OF THE CITY MANAGER1. UUComprehensive Annual Financial Report (CAFR)

The Comprehensive Annual Financial Report (CAFR) of the City has been completed forthe year-ended June 30, 2008. The CAFR is the Citys official annual report and isprepared by the Finance Department. It has been audited by the certified publicaccounting firm of Cherry, Bekaert & Holland, L.L.P. and their unqualified opinion onthe fair presentation of the financial statements is included within the CAFR. The CAFRincludes the auditors report on internal controls, in which they cite one finding that theyconsidered to be a significant deficiency in internal control over financial reporting. Theauditors have also provided two required letters, the SAS 114 letter which explains their

audit responsibilities and procedures; and the SAS 112 letter which formally reports onthe one audit finding and identifies future reporting standards applicable to the City.Also included in the packet is the Finance Departments written response to the auditfinding, identifying the action that has been taken to resolve this finding.

It is appropriate for the City Council to accept the Citys Comprehensive AnnualFinancial Report. Perry James, Chief Financial Officer, and John House, Controller, willmake brief presentations.

UURecommendationUU:

Accept the Citys Comprehensive Annual Financial Report; and approve the Citysresponse to the audit finding.

2.

UU

Animal TetheringA report on animal tethering was requested by Councilor McFarlane. The report isincluded in the agenda packet for Council discussion and direction.

3. UUPark Master Plan StudyOn May 6, 2008, City Council directed staff to move forward with an evaluation of theCitys park master planning process. The study examined four recent City park planningefforts that represented two processes. The study was conducted by NCSUs NaturalResources Leadership Institute (NRLI) and Department of Parks, Recreation and Tourism
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Management and involved a substantial interview and focus group effort. Commentswere solicited during December. The study leader from NRLI, Dr. Steve Smutko willmake a short presentation at the meeting.

4. UUFederal Legislative Agenda and PrioritiesEach year the City develops a list of priority projects which are communicated to our

Congressional Delegation as potential projects for special earmark funding consideration.City staff tries to closely coordinate with the House and Senate members and their staff toidentify projects that might be eligible. The proposed priorities and projects are in theagenda packet.

UURecommendationUU:

Approve submission to our Federal Congressional Delegation members.

G. REQUESTS AND PETITIONS OF CITIZENS (2:00 P.M. OR AFTER)1. Representatives of the Cameron Park neighborhood would like to request the City

Council to initiate a Built Environmental Characteristic study pursuant to TC-4-08.

2. Joshua Gunter, BREES Homes, would like to request a special exemption for two lots inthe Bedford Subdivision that were not originally included in the list of vacant lots that theCity Council approved for the Bedford SFD variance to stormwater regulations.

3. Sig Hutchison would like discuss the concept of an East Coast Greenway.4. Attorney Jon P. Carr would like to discuss acceptance of The Commons, Harrington

Grove.

5. Ken Jesneck, Pulte Home Corporation, would like to request reimbursement for half ofthe construction cost of Barefoot Industrial Park and the total mitigation costs required byNCDENR.

6. Lacy H. Reaves, representing Jerome and Nancy Goldberg, would like to appeal to theCity Council relative to the determination by staff that the proposed subdivision of the

parcel at 1114 Kent Road is an infill project.

7. Betty and Phyllis McElveen would like to request additional time for repairs for sale ofproperty at 312 Cutler Street.

8. Rushikesh Mehta would like to appeal notice of violation (L20081124005) relating totrash pickup.

9. Jason Hibbetswould like to request the City Council to extend the 2030 ComprehensivePlan draft comment date by 30 days.

10. Kenneth P. Helms would like an extension of time to finish work on his home at 502Carolina Avenue.

H. MATTERS SCHEDULED FOR PUBLIC HEARING (2:00 P.M. OR AFTER)1. 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:

UULOCATION UUPROPERTY OWNER UUTAX ID NO UUABATEMENT

201 Bledsoe Avenue (C) Vincent & Lyle Maldini 0306383 $220.00

2309 Dandridge Drive(C)

Michelle Davis 0076685 $370.00
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/23CMO_2010_Federal_Legislative_Agenda.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/23CMO_2010_Federal_Legislative_Agenda.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/23CMO_2010_Federal_Legislative_Agenda.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/25Clerk_Citizen_Cameron_Park.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/26Clerk_Citizen_Joshua_Gunter.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/27Clerk_Citizen_Sig_Hutchinson.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/28Clerk_Citizen_Attorney_Jon_P_Carr.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/28Clerk_Citizen_Attorney_Jon_P_Carr.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/29Clerk_Citizen_Ken_Jesneck_PE.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/29Clerk_Citizen_Ken_Jesneck_PE.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/30Clerk_Citizen_Lacy_Reaves.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/31Clerk_Citizen_Betty_and_Phyllis_McElveen.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/32Clerk_Citizen_Rushikesh_Mehta.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/33Clerk_Citizen_Jason_Hibbets.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/33Clerk_Citizen_Jason_Hibbets.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/34Clerk_Citizen_Kenneth_P_Helms.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/35Inspections_Public_Hearings.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/35Inspections_Public_Hearings.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/35Inspections_Public_Hearings.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/34Clerk_Citizen_Kenneth_P_Helms.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/33Clerk_Citizen_Jason_Hibbets.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/32Clerk_Citizen_Rushikesh_Mehta.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/31Clerk_Citizen_Betty_and_Phyllis_McElveen.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/30Clerk_Citizen_Lacy_Reaves.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/29Clerk_Citizen_Ken_Jesneck_PE.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/28Clerk_Citizen_Attorney_Jon_P_Carr.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/27Clerk_Citizen_Sig_Hutchinson.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/26Clerk_Citizen_Joshua_Gunter.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/25Clerk_Citizen_Cameron_Park.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/23CMO_2010_Federal_Legislative_Agenda.pdf


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2444 Derby Drive (C) Luigi H Vargas 0010372 $380.00

905 E. Edenton Street(C)

Peter Sandaluk 0027357 $330.00

2520 Foxgate Drive (C) William & Martha Freeman 0066094 $360.00

2233 Garner Road (C) Garner Road Young MensChristian Association Inc. 0328923 $340.00

4426 Karlbrook Lane(B)

Ely Cenia Toled Mejia 0318058 $350.00

3105 Mackinac IslandLane (C)

MGA Properties,Jerry Gower, Agent

0331147 $340.00

2109 Owens Lane (C) Katherine Beckwith 0005466 $350.00

217 S. Pettigrew Street(C)

R and S Properties Inc.C/O Roger Ray

0009511 $290.00

915 S. State Street (C) Laura Blue, Et Al

Josephine Grimes C/OMargaret Herndon

0078216 $270.00

2. A hearing to receive comments on the proposal to apply for Neighborhood Stabilizationfunds through the State Division of Community Assistance.

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

1. UUParks, Recreation and Greenway Advisory Board Representative for MordecaiHistoric Park Advisory Board

Rebecca Oxholm is the Parks, Recreation and Greenway Advisory Board liaison to theMordecai Historic Advisory Board. She is no longer able to serve in that capacity. The

Parks, Recreation and Greenway Advisory Board recommends Mark Turner to serve inthat capacity.

UURecommendationUU:

Accept the Parks, Recreation and Greenway Advisory Boards recommendation of MarkTurner as the new liaison for Mordecai Historic Park Advisory Board.

J. REPORT AND RECOMMENDATION OF THE RALEIGH HISTORIC DISTRICTCOMMISSION

1. UUBylaws and Rules of Procedure AmendmentsThe RHDC has completed a comprehensive review of its Bylaws and Rules of Procedure,and has adopted a number of amendments to implement current best practices, improve

its services, clarify ambiguities, and improve document structure. City Code Section 1-4002(h) provides that amendments to board and commission bylaws shall be approved byCity Council. The code also specifies that the Council shall not approve any bylaws inconflict with City Code. Therefore, these amended bylaws are coordinated with TC-15-08, Historic Districts Commission Procedures. Blacklined and clean copies of theamended bylaws are in the agenda packet.
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/24Planning_RHDC_Bylaws.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/24Planning_RHDC_Bylaws.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/24Planning_RHDC_Bylaws.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/24Planning_RHDC_Bylaws.pdf


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UURecommendationUU:

Approve the amended Bylaws and Rules of Procedure of the Raleigh Historic DistrictsCommission, Incorporated [effective five (5) days following adoption of TC-15-08], andadopt the ordinance for TC-15-08.

K. REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMICDEVELOPMENT COMMITTEE

1. UUSoutheast Raleigh Assembly NominationsThe Southeast Raleigh Assembly recommends the appointment of Vivian ThomasMcCoy and Fina Curtis for a three-year term to the Assembly. The Committee furtherrecommends that Leroy Reynolds and Chris Foye not be reappointed. The Committeealso recommends acceptance of resignations from Grady Bussey, F. Lonnette Williamsand Marcus Becton.

2. UUJeffries Ridge/Downtown Housing Improvement Corporation (DHIC)The Committee recommends that the City subordinate City loans to new first mortgageloan allowing DHIC to refinance current loan for a lower interest rate, to pay off debts on

the project, pay down accrued interest on City loan and replenish reserves.The Committee also recommends approval to extend loan maturity date between the Cityof Raleigh and Jeffries Ridge, LLC (managed by Downtown Housing ImprovementCorporation) so that the City loan, new loan and North Carolina Housing Finance AgencyLoan are co-terminus.

The Committee also recommends approval to increase DHICs portion of available cashflow from 20% to 50% which would reduce the Citys percentage of cash flow from 80%to 50% of cash flow in exchange for a $200,000 pay down of the current loan.

3. UUPublic Art Program - Percent for Art InitiativeThe Committee recommends that the City Attorney be requested to develop a resolution

which would establish a Public Art Program/Percent for Art Initiative for submissionback to City Council. This resolution would provide a Public Art Program until theordinance could be developed and considered by Council. The resolution will establish abudget of one half percent of hard construction costs of City Capital projects which havesignificant citizen use/exposure for any projects started after April 1, 2009. CityAdministration will work with the Arts Commission to develop some pilot projects to testthe proposed program on a couple of current projects. This pilot will help to define thespecifics that will be included in the proposed ordinance.

4. UUParks and Recreation Proposed 2009 Fees and ChargesThe Committee recommends approval of the fees and charges as amended by the Budgetand Economic Development Committee. A copy of the proposed fees and charges dated

January 20, 2009, will be available at the meeting.5. UUConservation Trust for North Carolina Memorandum of Agreement

The Committee recommends approval for the City Manager to execute an agreement withConservation Trust for North Carolina. The new agreement would reflect the CityCouncils original desire to provide increasing funds for actual land purchases and lessfor administrative costs, would clearly define the process by which the ConservationTrust for North Carolina obtains funding and allows grant funds to be amended annuallywith a new budget and additional grant funds without the necessity of a full agreementrevision process.


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6. UUReal Estate Report7. UUItems 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 for

Single 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. No report.2. UUItems Pending

Item #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); Tree

Survey (9/12/08)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)

Item #07-44 - Thoroughfare Plan - Crabtree Valley Extension (1/6/09)M. REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETY

COMMITTEE

1. No report.2. UUItems Pending

Item #07-06 - Cowper Drive Park - Stream Restoration/Stabilization (3/4/08)Item #07-14 - Signs on State Rights- of-Way-Human Relations Commission (10/7/08)Item #07-15 - Taxi Licenses - Requirements/Regulations (10/7/08) (1/16/09)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)

N. REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE1. UUEncroachment/Easement - 1101 Watermark Court

The Committee recommends that staff be directed to negotiate an encroachmentagreement to allow a wood bridge to be constructed across the sewer easement at 1101Watermark Court with the following conditions:
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/36Clerk_LPS.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/36Clerk_LPS.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/36Clerk_LPS.pdf


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a. That the bridge be constructed in a manner that the manhole cover is flush with thebridge deck;

b. The City is held harmless for any damages to the bridge should access to the manholebe required for maintenance or repairs to the sewer.

2. UUTraffic Concerns - Lake Boone Trail/Lacy Elementary SchoolThe Committee recommends that the City Manager be directed to negotiate an agreementwith Wake County for roadway improvements and site improvements at LacyElementary School.

3. UUAnnexation - Neuse Baptist ChurchThe Committee recommends the City Council authorize staff to accept a petition forannexing the Neuse Baptist Church property with the condition the applicant files aconditional use zoning case with the following provisions:

a. The property owner installs facilities to capture the first 1.5inches of stormwaterrunoff for all impervious surfaces; and

b. Install facilities for stormwater retention to meet 10 year storm levels for both duringand after the construction phases.

4. UUItems 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 #07-38 - TC-8-08 - Increased Stormwater Management Requirements (9/16/08)Item #07-40 - Horseshoe Farm - Hager Smith Design (10/7/08)Item #07-44 - Strickland Road Park Master Plan (11/4/08)

Item #07-46 - Street Closing - Davie Street/Empire Properties (11/4/08)Item #07-48 - Subdivision Requirements - 2820 Deercove Lane (1/6/09)Item #07-49 - Pedestrian Improvements - Lineberry Drive (1/6/09)

O. REPORT OF MAYOR AND COUNCIL MEMBERSP. APPOINTMENTS

The following committees have appeared on past agendas and some nominations have beenmade. The Council may take action to make appointments or if the nominations have not beenclosed, which would be indicated on the agenda, additional nominations may be made on theballot in the agenda packet. An asterisk beside a name means that person is presently serving onthat board or commission.

UUHuman Relations Commission - One Vacancy

No nominees.

UUPlanning Commission - One Vacancy

Quince Fleming (West)Heather Vance (Koopman/McFarlane/Stephenson)

UUSubstance Abuse Advisory Commission - One Vacancy

Rhonda Sanders (West)


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UUTelecommunications Commission - One Vacancy

No nominees.

Q. NOMINATIONSUUEnvironmental Stewardship Awards Jury - One Vacancy

In November of 2007, the City Council approved an Environmental Stewardship AwardsProgram. One of the aspects of the program was an Environmental Stewardship Awards Jury.The jury will be made up of eight people including a representative from the EnvironmentalAdvisory Board, Planning Commission, Parks, Recreation and Greenway Advisory Board,Appearance Commission and Stormwater Management Advisory Commission plus threemembers appointed by the City Council. Of the City Council appointments two would be at-largeand one would be a representative of a professional scientific community. It would beappropriate for the Council to start the nomination process on its three appointees. Included inthe agenda packet is information outlining suggestions of persons who have expressed interest.

UUTelecommunications Commission - One Vacancy

The term of Foster Sikes is expiring. He does not wish to be considered for reappointment.

R. REPORT AND RECOMMENDATION OF THE CITY ATTORNEYS. REPORT AND RECOMMENDATION OF THE CITY CLERK

1. Minutes of the January 6, 2009, Council meeting will be presented.
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/39Clerk_010609_City_Council_Minutes.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/39Clerk_010609_City_Council_Minutes.pdf

city council agenda1-20

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