city council agenda3-17

8/14/2019 City Council Agenda3-17

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Charles C. Meeker, Mayor

James P. West, Mayor Pro Tem

Mary-Ann Baldwin

Thomas G. Crowder

Philip R. Isley

Rodger Koopman

Nancy McFarlane

Russ Stephenson

1:00 P.M., TUESDAY

MARCH 17, 2009

THE COUNCIL CHAMBER


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City Council Agenda March 17, 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, pleaseprovide a 24-hour notice by calling 996-3100 (voice) or 996-3107 (TDD).

A.

MEETING CALLED TO ORDER BY THE MAYOR1. Invocation - Pastor David Goehring, Highland United Methodist 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. Commission on Accreditation for Law Enforcement Agencies (CALEA) ConferenceDonation

The City of Raleigh agreed to serve as the venue for the 2009 CALEA (Commission onAccreditation for Law Enforcement Agencies). The Raleigh Police Department willserve as the host agency. This event will occur March 16-21, 2009. To date, over 856attendees have registered from Mexico, Alberta, Quebec, USVI, and most of the 50states. Agencies have registered to attend this event. Through community giving, SamsClub and Wal-Mart want to donate $1,000 each to be used in funding some of the costsfor promotional items and planning for the event.

Recommendation:

Approve the acceptance of donations for the CALEA Conference.

2. Drinking Water Reservoir Protection Act UpdateThe Drinking Water Reservoir Protection Act was approved by the General Assembly onJuly 25, 2005. The law required that the Environmental Management Commission adoptpermanent rules to implement a nutrient management strategy for certain water supplyreservoirs that were defined in the law by July 1, 2008. A water supply reservoir inNorth Carolina that met the definition under this law then and now is Falls Lake. TheDrinking Water Reservoir Protection Act was amended by the General Assembly in2006, to revise the mandatory implementation date for the nutrient management strategyto July 1, 2009. This delay was due to lake sampling and analysis errors that occurredwhen the N.C. Division of Water Quality (NCDWQ) performed the monitoring phase ofthe work required to develop the nutrient management strategy. City staff has beeninformed by NCDWQ staff that they will not meet the current deadline date for adoption

of permanent rules to implement a nutrient management strategy for Falls Lake and thatthey will seek to get legislation introduced and approved that will delay the deadline untilJuly 1, 2012.

Recommendation:

Approve the proposed letter to the Wake County Legislative Delegation, regarding anyfurther delay in the adoption of permanent rules to implement a nutrient managementstrategy for Falls Lake.

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3. Municipal Agreement Z-5105A - Grade Crossing Signal Improvement at TarheelDrive

The North Carolina Department of Transportation (NCDOT) has proposed a MunicipalAgreement with the City of Raleigh to improve automatic warning devices at the crossingof Tarheel Drive and CSX Transportation Tracks. The City is responsible for ten percent

(10%) of all expenses incurred in the planning, design, and installation by the NCDOT.The estimated cost is $172,500 and the Citys share is $17,250. Funding is available inthe account 525-8391-79290-975. A copy of the agreement is in the agenda packet. TheCity Attorney has reviewed the proposed agreement.

Recommendation:

Authorize the City Manager to execute the Municipal Agreement.

4. Police Rifle Program ExpansionExpansion of the Police Rifle Program into the Field Operations Division of the RaleighPolice Department would provide one patrol rifle to each squad in the Field OperationsDivision to ensure city wide coverage is available in the event this equipment in needed.

The current issued shotgun has become outdated technology as compared to the smallcaliber rifle that is now available to law enforcement officers. Many departmentsnationwide have transitioned to this weapon system. Rifles of the type and caliberrecommended have been deployed successfully in the Raleigh Police Department since1978 with tactical team personnel. This equipment has served the needs of theDepartment and the citizens of Raleigh well. However, the opportunity exits to deployforty-eight (48) rifles to our patrol officers with equipment that will better prepare themto safely address the challenges that law enforcement officers now face. Funding will beprovided from the Controlled Substance and Seizure Fund.

Recommendation:

Approve the expansion of the rifle program.

5. Wake Forest Circulator Transit Service AgreementThe Raleigh Transit Authority approved the provision of the Wake Forest circulatorTransit Service to enhance public transportation opportunities to the citizens of the Townof Wake Forest and to the citizens of the city of Raleigh in the Wakefield developmentlocated in northern Raleigh. The contract term will be from November 1, 2008, and endon June 30, 2009. Anticipated revenue to be received from this service is $178,425.

Recommendation:

Approval for the City Manager to execute the Wake Forest Transit Service agreement byand between the City of Raleigh, the Town of Wake Forest, and Triangle Transit.

6. Nutrient Reduction Fee - SewerThe City, with its contract sewer customers, established the sewer nutrient reduction feein June 1998 to fund nitrogen removal facilities construction and operation at the NeuseRiver Wastewater Treatment Plant. The proposed sewer nutrient reduction fee increaseof 4.3% is based on the construction cost index of theEngineering News Record.

Recommendation:

Approve the nutrient reduction fee ordinance and amend the City Code, Section 8-2123,to be effective July 1, 2009.

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7. Nutrient Reduction Fee - WaterThe City, with its water customers, established the water nutrient reduction fee in July2007 to provide a new revenue source for the funding of projects that are designed toprotect existing water supply reservoirs water quality (Falls Lake and Swift Creek) and tofund mitigation projects that are necessary to address the impacts of construction of the

Little River Water Supply Reservoir. The water nutrient reduction fee, established inJuly 2007, is also scheduled to be increased by 4.3%, which is based on the constructioncost index of theEngineering News Record.

Recommendation:

Approve the nutrient reduction fee ordinance and amend the City Code, Section 8-2123.1, to be effective July 1, 2009.

8. Utility Acreage FeesThe City Code provides for an annual adjustment based on the construction cost index ofEngineering News Record. The cost increase is 4.3%, and the rates have been adjusted toreflect this increase.

Recommendation:

Approve the revised acreage fee ordinance and amend the City Code, Section 8-2092, tobe effective July 1, 2009.

9. Acreage Fee ReimbursementCity policy provides a schedule of reimbursement amounts for the different sizes ofoversized mains that are eligible for acreage fee reimbursement. The costs are adjustedannually by the construction cost index from theEngineering News Recordas the acreagefees are adjusted. The increase in the construction cost index is 4.3%, therefore, CityCode, Section 8-2094(C), should be amended to reflect this increase. A copy of therevised schedule is in the agenda packet.

Recommendation:Approve the revised acreage fee reimbursement and amend the City Code, Section 8-2094(c), effective July 1, 2009.

10. Water Meter Installation ChargeIn March 1986, the City began installing all water meters. The proposed water meterinstallation fee ordinance annual adjustment reflects an approximate 4.3% increase,which is based on the construction cost index of the Engineering News Record. Theincrease affects all the meter sizes indicated in the schedule. The not ready fee remainsunchanged.

Recommendation:

Approve the proposed water meter installation charges and amend the City Code, Section8-2005, effective July 1, 2009.

11. Sewer Main Extension and Sewer Service Connection Inspection FeesPrior to being placed into service, all sewer main extensions and sewer serviceconnections to the Citys sanitary sewer system installed by a private contractor areinspected in order to determine if they have been properly installed. An adjustment toincrease both the base inspection fee and the per lineal foot fee by 4.3% is proposedwhich is based on the construction cost index of theEngineering News Record.

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Recommendation:

Approve the proposed sewer inspection fees and amend the City Code, Section 8-2040,effective July 1, 2009.

12. Tap Fee ScheduleThe water and sewer service installations are installed by the City or private contractors.Based upon the contract cost history to date, an analysis has been undertaken todetermine the need to adjust the water and sewer tap fees. An increase of 4.3%, which isbased on the construction cost index of theEngineering News Record.

Recommendation:

Approve the revised tap fee ordinance and amend the City Code, Section 8-2039, to beeffective July 1, 2009.

13. Parade Routes13.1 Bicentennial Mall Vicinity

Thelma Wright, representing the North Carolina Harm Prevention Coalition,

requests permission to hold a walk on Tuesday, April 7, 2009, from 2:00 p.m.until 3:30 p.m.

Recommendation:

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

13.2 Halifax Mall VicinityEmily Edmunds, representing the Leukemia and Lymphoma Society, requestspermission to hold a fundraising walk on Saturday, October 17, 2009, from 7:30p.m. until 9:30 p.m.

Recommendation:

Approve subject to conditions on the report in the agenda packet.14. Road Races

14.1 500 Block of Centennial ParkwayWilliam Hall, representing NCSU Air Force ROTC, requests a street closure onSaturday, October 24, 2009, from 9:00 a.m. until 11:00 a.m. for a road race.

Recommendation:


14.2 2000 Block of Clark AvenueMike Zimmerman, representing Race Ventures, requests a street closure on

Sunday, October 25, 2009, from 2:00 p.m. until 6:00 p.m. for a road race.Recommendation:


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15. Temporary Street Closings15.1 300 Block of West Davie Street

Eric Harris, representing The Pit Restaurant, requests a street closure onSaturday, April 4, 2009, from 8:30 a.m. to 6:00 p.m. for customer appreciationday.

He also requests a waiver of all City Ordinances concerning the possession andconsumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances.

Recommendation:


15.2 1100 Block of South Saunders StreetKris Weiss, representing Ray Price Harley Davidson, requests a street closure onSaturday, April 18, 2009, from 7:00 a.m. to 5:00 p.m. for a customer appreciationday.

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

15.3 1400 Block of Doughton StreetLeslie Howes, representing her neighborhood, requests a street closure onSaturday, April 25, 2009, from 3:00 p.m. to 8:00 p.m. for a neighborhoodcelebration.

Recommendation:


15.4 200 Block of East Martin Street and 200 Block of South Person StreetOla Nilbrink, representing The World Beer Festival, requests a street closurefrom Friday, May 1, 2009, at 9:00 a.m. until Sunday, May 3, 2009, at 5:00 p.m.for the annual World Beer Tasting Festival.

He also requests a waiver of all City Ordinances concerning the possession andconsumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances.

Recommendation:


15.5 100 Block of East Cabarrus StreetPat Dickenson, representing the Lincoln Theater, requests a street closure onSunday, May 31, 2009, from 8:00 a.m. to 1:00 p.m. for an outdoor entertainmentevent.

He also requests a waiver of all City Ordinances concerning the possession andconsumption of alcoholic beverages on City property and a waiver of theamplified noise ordinances. Please see the backup information for the responsefrom Tupper Memorial Baptist Church.

Recommendation:


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15.6 00 Block of Edenton StreetDianna Mauney, representing the State Capital State Historic Site, requests astreet closure on Saturday, July 4, 2009, from 9:30 a.m. to 3:30 p.m. forIndependence Day festivities.

Recommendation:


16. Request for Public Hearing - Text Change Public Hearing Authorization RequestThe Department of City Planning is requesting public hearing authorization for a series oftext changes. The proposed amendments to the City Code are associated with theComprehensive Plan Update and, for purposes of maintaining consistency of termsbetween the Code and the Comprehensive Plan should be adopted concurrently.

Proposed TC-4-09, Comprehensive Plan Update - Concurrent Actions, clarifies terms anddefinitions and removes references to Comprehensive Plan elements/policies which areno longer applicable in the 2030 Plan.

Proposed TC-5-09, Parkway Corridor, Urban Corridor and Transit Oriented DevelopmentOverlay Districts, introduces regulations for two (2) new overlay districts, the ParkwayCorridor and Urban Corridor overlay districts and proposes revisions to the TransitOriented Development Overlay District.

Recommendation:

Authorize TC-4-09 and TC-5-09 for public hearing.

17. Grant Award - Wake County Grant - Eat Smart, Move More ProgramAuthorization is requested to accept a $20,000 grant from Wake County as part of the EatSmart, Move More program. This grant is awarded through the North CarolinaDepartment of Public Health to Wake County Human Services. The intent of these fundsis to construct an inclusive playground for children of all abilities. A purpose of the Eat

Smart, Move More program is to increase physical activity levels of children withdisabilities. The playground will be co-located with the new Marsh Creek CommunityCenter in northeast Raleigh.

The following accounts should be increased by:

Revenue Account:

810-7326-51309-984 County Grants $20,000.00

Expense Accounts:

810-7326-70890-984 Contractual Services $ 1,800.00810-7326-75221-984 Recreation Equipment 18,200.00

$20,000.00Recommendation:

Accept the grant from Wake County, approve the budget amendment, and authorize theCity Manager to execute the agreement.

18. Easement Request from Progress Energy for Relocation of Electric Utility Service tothe Public Utilities Maxwell Drive Pump Station Site

The Public Utilities Department is upgrading the Maxwell Drive pump station. ProgressEnergy has determined this is an opportune time to remove and relocate some of their

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existing overhead electric facilities, and to install new underground service. In order toaccomplish these electrical improvements, Progress Energy has requested a utilityeasement for pole relocation and location of a pad mounted transformer.

Public Utilities staff, which manages this City property, has reviewed the request byProgress Energy, and advised that they have no objections to installation of the new

facilities, or granting the easement as requested. Due to the anticipated benefits to theCitys pump station resulting from pole relocation and installation of undergroundelectrical service, no monetary considerations from Progress Energy are recommended.

Recommendation:

Approve the conveyance of requested electric utility easements to Progress Energywithout monetary compensation.

19. Consultant Services19.1 Williard Ferm Architects - Amendment #2 - City of Raleigh Salt Barn at

Mount Herman Road

Amend Williard Ferm Architects contract to provide a topographic survey of the

remaining 38.6 acre Mt Herman Road Site and to update the previous survey.Additionally reimburse for fees paid on behalf of the City of Raleigh. Total costof this amendment is $30,514.45. Funds are available and will be transferredadministratively.

Recommendation:

Authorize the City Manager to execute the amendment increasing Williard FermArchitects contract in the amount of $30,514.45 for design services.

19.2 Pullen Park Amusement CenterThe renovation of the Pullen Park Amusement Center, defined as the area insidethe miniature railroad tracks, was approved by voters and funded in the 2003

Parks Bond. Initial work on this project included a comprehensive evaluation ofthe condition and programs and interim recommendations of the two historiccarousels and extensive public review of the full Design Development phase forPullen Park Amusement Center. A design addendum has been prepared by thefirm Little and Little Landscape Architecture for Final Construction Documentsand Construction Administration (CD/CA) Services. The proposal includes thefollowing: updating the project cost estimate from the completed designdevelopment stage, examining and recommending appropriate LEED andSustainable Sites Initiative elements, public review of the 30% drawings, reviewand modifications to the design development plans, various tasks associated withdedication of a Tree Conservation Area, construction and permit drawings andbidding services, and regulatory approvals and plats. The proposed fee for

CD/CA services is $677,350.Recommendation:

Approve the design amendment for CD/CA services proposed by Little and LittleLandscape Architects.

19.3 Lower Neuse Trail Project - Design ServicesThe Lower Neuse Trail Project (including Crabtree Creek East Extension andWalnut Creek East Extension) encompasses over 30 miles of additionalgreenway trails. Approximately 2,000 property owners have been identified that

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are adjacent to these corridors as well as over 30 Homeowner Associations. Thedesign process is estimated to require 14 months to complete. Significant publicinterest and comment is anticipated on this project.

It is proposed that the City establish a listserve as one method of promoting,receiving and responding to public comment of the Neuse River Trail Project.

Stewart Engineering has submitted a proposal to establish a community groupslistserve. Stewart Engineering would create, monitor and administer the listservefor a period of 14 months. The fee for this service is a lump sum of $21,560.

Funds are available and an administrative transfer will be prepared to fund thisproposal.

Recommendation:

Authorize the City Manager to execute the amendment to the StewartEngineering Design Services Contract for the Lower Neuse Trail Project in theamount of $21,560.

20. Contract Amendments20.1 Terracon Consultant, Inc. - Amendment # 10

The City currently has an agreement with Terracon Consultants, Inc. - SpecialInspections/Construction Materials Testing Consultant on the New RaleighConvention Center. Contract Amendment #10, adds $40,000 to the contract forfinal reconciliation of the contract and to provide sufficient funding to completethe testing for the remaining scope of work on the west block.

Recommendation:

Authorize the City Manager to execute the contract amendment. Funds will betransferred administratively.

20.2 Contract Amendment #2 - Strickland Road Park - Professional DesignServicesThe City currently has a contract with Little & Little Landscape Architects,PLLC for the Strickland Road Park Master Plan. Contract Amendment #2, in theamount of $146,300, is to extend their services to Phase 1 development of thepark. An allowance has been provided for sustainable design additions such asmonitoring LEED credits. This contract is contingent on the master plan beingapproved by City Council at the March 17, 2009, meeting.

Funds are available in the project account and a budget transfer will be handledadministratively.

Recommendation:

Approve Amendment #2.20.3 On-Call Contract for Services - Amendment #1

The City currently has an agreement with Highfill Infrastructure Engineering,P.C., for the On-Call Contract for Services. Contract Amendment #1, in theamount of $279,200, is for design services for the rehabilitation and necessaryupgrades for the North Hills, Wade Avenue and Pullen Park Water Booster PumpStations.

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Recommendation:

Approve Amendment #1 and the budgetary transfer.

Transferred From:

348-9019-79001-975 Water Booster Pump Sta Rehab $279,200.00

Transferred To:

348-8468-79201-975 Main Replacement $279,200.00

21. Encroachment Requests21.1 426 South McDowell Street

A request has been received from Shirley P. Jordan (Pooles Diner) to encroachon City right-of-way for the purpose of installing entry door swing. A report is inthe agenda packet.

Recommendation:

Approve the encroachment subject to the conditions in the administrative report.

21.2 301 Fayetteville StreetA request has been received from Highwoods, 301 Fayetteville Street, LLC, toencroach on City right-of-way for the purpose of maintaining telephonehandholds, pedestrian warning signs, and building wall panels. A report is in theagenda packet.

Recommendation:


21.3 Tryon Park DriveA request has been received from MacGregor Square, LLC, to encroach on City

right-of-way for the purpose of installing trellis columns, flag pole, trees andlandscape pavers. A report is in the agenda packet.

Recommendation:


22. Budget Amendments22.1 Administrative Services

The following accounts should be increased by:

Revenue Account:

251-0000-53290-000 Miscellaneous Income $55,539.00

Expense Account:

251-2210-76209-000 Construction Equipment $55,539.00

Purpose:

To appropriate funding to assist in the purchase of a hybrid bucket truck for thetraffic signal division of the Public Works Department.

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22.2 Convention Center/CREE Interior DisplayThe following accounts should be increased by:

Revenue Account:

648-0000-53216-000 Donations $59,463.49

Expense Account:

648-9250-79499-950 Other Project Costs Reserve $59,463.49

Purpose:

Additional funds have been received from CREE for the construction of theCREE Interior Display for the Raleigh Convention Center.

22.3 Public Affairs/Print ServicesThe following accounts should be increased by:

Revenue Account:

210 1880 53258 000 Print/Copy Revenue $125,000.00

Expense Account:

210 1880 70890 641 Contractual Services - Other $125,000.00

Purpose:

To allow print services to manage upcoming print work with outside vendors.Jobs include various publications for City departments. These costs will becaptured by billing back to individual departments.

22.4 Public UtilitiesThe following accounts should be increased by:

Revenue Accounts:

310-0000-52860-000 Water Sales-Municipal $130,000.00310-0000-52980-000 Land Lease 130,000.00310-0000-52986-000 Fee-in-Lieu Constr 80,000.00

$340,000.00Expense Account:

310-5220-70105-602 Chemicals $340,000.00

Purpose:

To provide funds for the cost of chemicals for the remainder of this fiscal year.

22.5 Public Works/TransitIncrease Revenue Account:

415-7428-85525-000 City Match $15,932.91

Decrease Revenue Account:

415-7428-51324-000 State Match $15,932.91

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Purpose:

To increase the City cash match budget for an active FTA Capital & Planninggrant, NC-04-0004 and decrease the NCDOT match for the same active grant tocover grant expenditures that are not reimbursable by NCDOT. The City cashmatch is budgeted in 525-8420-79001-975.

22.6 Solid Waste ServicesThe following accounts should be increased:

Revenue Account:

100-0000-52554-000 Solid Waste Disposal Tax Refund $139,000.00

Revenue Account:

100-5031-71213-465 Advertising $ 30,000.00100-5031-75290-465 Capital Equipment - Other 109,000.00

$139,000.00Purpose:

To establish account for Solid Waste Disposal Tax refund distribution from theState of North Carolina in February and May, 2009, to promote recyclingcollection efficiency.

23. Greenway and Temporary Construction Easement Items - (Condemnation Request)Efforts have been unsuccessful to obtain needed easements; therefore, it is recommendedthat a resolution of condemnation be authorized for the following:

Project Name: Little Rock GreenwayName: Brenda W. WarrenLocation: 534 Bragg Street

Recommendation:

Approve condemnation.

24. Change Orders24.1 Contract Change Order #5 - Carolina Restoration & Waterproofing City of

Raleigh Parking Deck & Transit Mall Repairs

This change order is for a net increase of $25,748.

Reason:

To provide necessary concrete, structural and waterproofing system repairs at theMoore Square Transit Mall, and the Moore Square and Performing Arts ParkingDecks.

History:

Original Contract Amount $199,086.00Previous Net Changes $97,286.08New Contract Amount $322,120.08

Recommendation:

Approve change order #5 for $25,748. Funding is available and is in place.

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24.2 Marsh Creek Skate Park - Change Order #2 - Diamond Contracting, Inc.Company

This change order is for a net increase of $3,070.

Reason:

Diamond Contracting Inc. is requesting payment for two minor alterations in theMarsh Creek Skate Park. The first is a grade change to lower an existingmanhole cover and pipe assembly to match the proposed sidewalk elevationalready included in the construction documents. The second item willincorporate a large stone from the site excavation into a concrete raceway next toan existing ramp. This was proposed by the skate park subcontractor, issupported by the designer and Department staff and will create a signaturefeature in the Park. Total cost for the two items is $3,070. Diamond ContractingInc. requests no additional contract time associated with this work. Funds areavailable in existing accounts and will be handled administratively.

History:

Original Contract Amount: $577,855.00Previous Net Changes $144,241.60New Contract Amount $725,166.60

Recommendation:

Approve Change Order #2 for Diamond Contracting Inc., in the amount of$3,070.00 for Marsh Creek Skate Park.

24.3 Green Road Gymnasium Addition Construction Contract Change OrderThis change order is for a net increase of $100,196.

Reason:

It is recommended that the parking lot repaving at Green Road Park and

Community Center be awarded to Riggs-Harrod Builders, Inc. as a change orderwith the amount being $100,196.

Funding in the amount of $100,196 is currently available in the Parks PavingProgram project reserve.

History:

Original Contract Amount $1,356,130.00New Contract Amount $1,456,326.00

Budgetary accounts to be amended:

Transferred From:

625-8236-79001-975 Parks Paving Prog Capital Project Reserve $100,196.00

Transferred To:

636-9331-79202-975 Green Rd Gym Addition Const Contract $100,196.00

Recommendation:

Approve Change Order #1 in the amount of $100,196 to Riggs-Harrod Builders,Inc., for the parking lot repaving at Green Road Park and Community Center andauthorize the associated budgetary transfer.

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24.4 Optimist Pool Conversion Change OrderThis change order is for a net increase of $95,191.65.

Reason:

Change Order #4 includes a variety of construction related fees and practices.

Modifications made to the door hardware on both buildings, changes andupgrades to the fire alarm system needed as the result of the building code duringinspections/permitting, additional receptacles, gas piping, chain link fencing,concrete work and re-feeding electric service to a maintenance shop onsite.

History:

Original Contract Amount $3,345,336.00Previous Net Changes $388,482.28New Contract Amount $3,829,009.93

Budgetary accounts to be amended:

Transferred From:

625-8236-79001-975 Parks Paving Program $95,191.65Transferred To:

636-8403-79290-975 Optimist Pool $95,191.65

Recommendation:

Approve Change Order #4 in the amount of $95,191.65 for Optimist Pool andauthorize the associated budgetary transfer.

25. Transfers25.1 Public Utilities

It is recommended that the following transfer be authorized:

Transferred From:

310-5220-60001-604 Salaries $ 30,000.00310-5230-60001-608 Salaries 83,300.00310-5235-60001-605 Salaries 20,000.00

$133,300.00Transferred To:

310-5220-60002-604 Overtime $ 30,000.00310-5230-60002-602 Overtime 4,500.00310-5230-60002-604 Overtime 18,000.00310-5230-60002-608 Overtime 38,000.00

310-5230-60002-610 Overtime 3,800.00310-5230-60002-624 Overtime 19,000.00310-5235-60002-605 Overtime 20,000.00

$133,300.00Purpose:

To provide funds for the cost of overtime for the remainder of this fiscal year.

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25.2 Public UtilitiesIt is recommended that the following transfer be authorized:

Transferred From:

310-5240-60001-611 Salaries $ 96,600.00

310-5260-60001-614 Salaries 89,600.00310-5270-60001-610 Salaries 75,000.00310-5270-60001-613 Salaries 100,000.00310-5270-60001-615 Salaries 9,000.00310-5280-60001-616 Salaries 7,700.00310-5280-60001-618 Salaries 75,000.00310-5280-60001-620 Salaries 40,000.00

$492,900.00Transferred To:

310-5240-60002-615 Overtime $ 96,600.00310-5260-60002-613 Overtime 25,000.00310-5260-60002-614 Overtime 64,600.00310-5270-60002-610 Overtime 50,000.00310-5270-60002-613 Overtime 119,000.00310-5270-60002-615 Overtime 15,000.00310-5280-60002-616 Overtime 57,000.00310-5280-60002-620 Overtime 65,700.00

$492,900.00Purpose:

To provide funds for the cost of overtime for the remainder of this fiscal year.

25.3 Public UtilitiesIt is recommended that the following transfer be authorized:

Transferred From:

310-5220-75290-602 Capital Equip Other $ 50,000.00310-5220-75290-605 Capital Equip Other 100,000.00310-5270-70890-613 Other Services 250,000.00310-5285-70105-621 Chemicals 150,000.00310-5285-71401-621 Rep to Bldg Stru 50,000.00310-5285-71404-621 Annual Maintenance 50,000.00310-5290-71007-622 Water Supply Mon 260,000.00310-5290-71016-622 Secondary & Cumm 181,455.00310-5290-72001-622 Rsv Capital Projects 818,545.00310-5290-72002-622 Rsv Contingency 250,000.00

$2,160,000.00Transferred To:

310-5220-70105-602 Chemicals $2,160,000.00

Purpose:

To provide funds for the cost of chemicals for the remainder of this fiscal year.

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

26.1 Multiway Stop Request- Killarney Hope Drive at ONeal RoadIt is recommended that a multiway stop be installed at the intersection ofKillarney Hope Drive and ONeal Road. Killarney Hope Drive is classified as aminor residential street and is constructed as a 27 back-to-back curb and guttersection on 45 right-of-way with partial sidewalk on one side. ONeal Road isclassified as a collector street in the Citys Comprehensive Plan. ONeal Road isconstructed as a 41 back-to-back curb & gutter section on 60 right-of-way withsidewalk on one side. This intersection does not meet the minimum 350 sightdistance as required by the citys Streets, Sidewalks, and Drive Access Handbookand therefore, meets the warrants as specified in section 2B.07 of the Manual ofUniform Traffic Control Devices (MUTCD) and adopted as policy by the RaleighCity Council.

Recommendation:

Approve that Traffic Schedule No. 2 entitled Stop Intersections is amended toadd/delete the following:

Add: Killarney Hope Rd. at ONeal Road.

THIS IS THE END OF THE CONSENT AGENDA

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D. REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION1. The Planning Commission recommendations on the following items were unanimous.

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

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

CR Number Subject Vote Recommendations Comments

1. CR-11291 SP-90-08 10-0 Approval Ample Storage -Glenwood Avenue(Metro Park Overlay)

(THE FOLLOWING ACTIONS WERE TAKEN BY THE PLANNING

COMMISSION AT THEIR MARCH 10, 2009 MEETING, BUT NOT BY

UNANIMOUS VOTE)

2. CR-11292 Z-44-08 8-2 Approval,Conditional Use

Colonnade CenterDrive and Six ForksRoad, northeastquadrant of theintersection **(Mine)

3. CR-11293 Z-19-09 9-1 Approval Forestville Road, westside, northwestquadrant of LouisburgRoad intersection**(Toms Creek)

(THE FOLLOWING ACTION WAS TAKEN BY THE PLANNINGCOMMISSION AT THEIR MARCH 10, 2009 MEETING, BY UNANIMOUS

VOTE)

1. SP-90-08 - Ample Storage - Glenwood Avenue (Metro Park Overlay)

This request is to approve a 57,224 square foot storage facility including a 600 squarefoot office on .88 acre site, zoned Thoroughfare District with Metro Park Overlay(MPOD).

CR-11291 from the Planning Commission recommends approval with conditions.

(THE FOLLOWING ACTIONS WERE TAKEN BY THE PLANNINGCOMMISSION AT THEIR MARCH 10, 2009 MEETING, BUT NOT BY

UNANIMOUS VOTE)

2. Z-44-08 - Colonnade Center Drive and Six Forks Road, northeast quadrant of the

intersection, Conditional Use **(Mine)

This request is to rezone approximately 6.08 acres, currently zoned Office andInstitutional-1. The proposal is to rezone the property to Shopping Center ConditionalUse District.

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CR-11292 from the Planning Commission finds that this request is inconsistent with theComprehensive Plan; however, based on the findings and reasons, that this request beapproved in accordance with zoning conditions dated March 5, 2009.

3. Z-19-09 - Forestville Road, west side, northwest quadrant of Louisburg Roadintersection **(Toms Creek)

This request is to rezone approximately 80.80 acres, currently zoned Wake CountyResidential-30. The proposal is to rezone the property to Residential-4.

CR-11293 from the Planning Commission finds that this request is consistent with theComprehensive Plan and recommends that this request be approved.

E. SPECIAL ITEMS1. Annexation - Ellis Property - 3503 Page Road

During the January 6, 2009, City Council meeting, a hearing was held to considerannexation of the Ellis Property at 3503 Page Road. During the hearing, questions wereraised relative to the rezoning of this property and possible conditions on the rezoningcase. Adjacent property owners requested that the annexation be delayed to allow

additional opportunity for discussion of proposed conditions relative to the rezoning. Theitem has appeared on several agendas since then and it was directed that the petitionedannexation be placed on this agenda to further consider whether to move forward with theannexation. If Council approves this annexation, the effective date should be June 30,2009.

2. Hillsborough Street Business Improvement DistrictMr. Crowder indicated the Mayor and Council received a letter relative to theHillsborough Street Business Improvement District. He asked that the item be placed onthe March 17, 2009, Council agenda as a special item to consider the request. If Councilchooses to support this $50,000 funding request, Council Contingency is a source offunding. The current balance is $175,882.

3. School Board - Method of ElectionMs. Baldwin indicated she met with the Wake County legislative delegation recently andthey had questions as to the Citys position on school board elections. She pointed outshe understands several mayors have asked for a change in the method of electing schoolboard members and the Wake Delegation asked the City of Raleigh for input, pointingout she feels we should look at what they are considering and vote on it at the March 17,meeting.

4. Proposed Percent for Art OrdinanceDuring the March 3, Council meeting, the City Attorney presented a proposed ordinanceto establish a Percent for Art program. He stated the City Manager had suggested a few

minor edits and asked that the item be referred to the Arts Commission for theircomments and placed on this agenda for further consideration.

F. REPORT AND RECOMMENDATION OF THE CITY MANAGER1. Proposed Changes to the Solid Waste Services Need Assistance Program

The City converted its solid waste services program from rear yard collection toautomated front yard collection with rollout carts in December 2005. A NeedAssistance program was established whereby City staff would continue to provide rearyard service for anyone who was not able to roll their cart to the curb, or if they requestedthis service after age 65. No verification process was put in place.

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The City now has 4,100 Need Assistance customers out of a total of 110,540households served. A benchmark study was performed including several similar citieswith automated front yard service. Raleigh serves at least double the amount of NeedAssistance customers as the benchmarked cities. Those systems all require verificationof disability; no one else in the home is able to assist; and there is no automatic agequalifier. These similar changes in the Raleigh Need Assistance program could

generate approximately $450,000 per year in savings.

Recommendation:

Adopt the changes to the Need Assistance program requiring verification of disability;no one in the household able to assist; and remove any automatic age qualifier. Thesechanges would apply immediately to any new request for Need Assistance. Currenthouseholds in the program would be mailed a letter outlining the new criteria and askedto voluntarily comply up until January 1, 2010, at which time all households would berequired to comply.

2. New Planning Department ServicesThe Planning Department will make a presentation on the new services it will offer after

the adoption of the Comprehensive Plan. The new services will realign how thedepartment will interface with the general public, Citizen Advisory Councils and thedevelopment community. In addition, the new services will advance Raleighs reputationas a city of innovation and creativity in planning and development.

Recommendation:

That the report be received.

3. PSNC Gas Meter Equipment in Downtown Public Street Rights of WayPSNC Energy has installed new and replacement gas service equipment withinDowntown. A number of these equipment locations are within public street rights-of-way, but did not receive appropriate City permits. PSNC has worked with City staff to

address some locations, but a majority of the locations remain in violation. Authorizationfrom Council is needed for the City Attorneys office to begin enforcement per the Citysfranchise agreement with PSNC.

Recommendation:

Authorize the City Attorneys office to begin enforcement on gas equipment in the publicright-of-way per the Citys franchise agreement with PSNC.

4. Bid - Hillsborough Street Roundabouts, Phase I, PW 2009-06 - Hamlett andAssociates, Inc.

Bids were received on February 24, 2009, for the Hillsborough Street Roundabouts,Phase I project, PW 2009-06, with Hamlett and Associates, Inc., submitting the low bid

of $9,916,707.74. Hamlett and Associates, Incs MWBE participation is 23.2%.Additional information is in the agenda packet.

Recommendation:

Approve the low bid of Hamlett and Associates, Inc. in the amount of $9,916,707.74, andauthorize appropriate transfers and budget amendment to establish funding.

Transferred From:

531-9280-79001-975 Hillsborough St RAB I Cap Proj Res $1,392,276.61525-9280-79001-975 Hillsborough St RAB I Cap Proj Res 2,218,220.00

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531-9080-79001-975 Constr Conting Capital Project Reserve 506,989.72531-0000-72001-999 Non-Departmental CIP Reserve 2,000,000.00320-8468-79001-975 Water Main Replacement 1,088,492.41325-8468-79001-975 Sewer Main Replacement 1,290,729.00

$8,496,707.74

Transferred To:531-9280-79202-975 Hillsborough St RSN I Gen Con Contr $6,117,486.33320-9280-79202-975 Hillsborough St RSN I Gen Con Contr 1,088,492.41325-9280-79202-975 Hillsborough St RSN I Gen Con Contr 1,290,729.00

$8,496,707.74Increase Revenue:

525-0000-53299-000 Approp. From Prior Year Revenue $ 417,888.00531-0000-53299-000 Approp. From Prior Year Revenue 1,002,112.00

$1,420,000.00Increase Expense:

531-9280-79202-975 Hillsborough St RSN I Gen Con Contr $1,420,000.00

G. REQUESTS AND PETITIONS OF CITIZENS (2:00 P.M. OR AFTER)1. Brad Thompson, representing several Southeast Raleigh Citizens Committees, would like

to make a presentation on Southeast Raleigh Quality of Life report.

2. Angela K. and Bohla Gupta would like for the Council to reconsider action taken relativeto demolition of the building at 615 South Blount Street.

3. C. LaMarr Bunn, representing Wardlaw heirs and Medlin, would like for the Council towaive the deadline for holding a neighborhood meeting for the April 21 zoning hearingfrom March 10 to March 17 relating to rezoning case Z-24-09 in order that the case canbe heard for the April 21 hearing.

4. Wendy Painter, representing Ms. Leetha Mitchell, would like to request assistancerelating to repairs on Ms. Mitchells home on Poole Road.

5. Dan Coleman, representing RWCA, local contractors and others, would like to discusswhat local contractors, subcontractors, etc. can do to enhance their opportunities to earnFederal stimulus monies and what the City will do to insure the City receives as muchstimulus money.

H. EVIDENTIARY HEARING (2:00 P.M. OR AFTER)1. A hearing to consider a request from Wake County for a Special Use Permit to expand

the existing Hammond Road Detention Facility by adding a 414,594 square foot additionwithin the 19.36 acre site located at 3301 Hammond Road in the Industrial-1 zoning

district.I. REPORT AND RECOMMENDATION OF THE BUDGET AND ECONOMIC

DEVELOPMENT COMMITTEE

1. No report.2. Items Pending

Item #99-17 - Southeast Raleigh Economic Development (6/14/00)Item #05-05 - John Winters Memorial (1/17/06)Item #07-01 - Neighborhood Empowerment Initiative (12/4/07)

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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 #07-40 - Council-Appointed Boards, Commissions and Committees - Composition

(11/18/08)

Item #07-44 - J.T. Locke Resource Center - Funding (2/3/09)Item #07-46 - Affordable Housing Task Force - Permanent Establishment (3/3/09)

J. REPORT AND RECOMMENDATION OF THE COMPREHENSIVE PLANNINGCOMMITTEE

1. No report.2. Items 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); TreeSurvey (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 #07-42 - Chavis Park Carousel (12/2/08)Item #07-44 - Thoroughfare Plan - Crabtree Valley Extension (1/6/09)Item #07-47 - TC-1-09 - Site Plan Approval Standards (2/3/09)Item #07-48 - Comprehensive Bicycle Transportation Plan (3/3/09)

K. REPORT AND RECOMMENDATION OF THE LAW AND PUBLIC SAFETYCOMMITTEE

1. Encroachment Request - 2333 Byrd StreetThe Committee recommends closing a narrow strip of Byrd Street right-of-way as shownin the agenda packet map. The petitioner will pay the costs of advertising as well as thesum of $2,873 for other expenses. Finally, it is recommended that the City waive itsportion or the reverted right-of-way and authorize the Planning Director to sign therequired plat.

2. Items PendingItem #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 #07-22 - Tarboro Road Area - Public Safety Concerns (12/2/08)Item #07-23 - Georgetown Townhomes - Solid Waste Fees (2/3/09)

L. REPORT AND RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE1. Fonville Road Sidewalk - Fee-in-Lieu Payment - Waiver

The Committee recommends that this request be denied.

2. Horseshoe Farm - Hager Smith DesignThe Committee recommends the following:

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a. That the development process remain part of the Master Plan document;b. That staff continue to work with State officials to accurately delineate the Significant

Natural Historic Area (SNHA);

c. That any paving in the SNHA is restricted to the greenway only;d.

That no sewer lines are brought into or through the park and staff continues toexplore sustainable methods for onsite treatment and reuse of wastewater. If this isnot feasible then the phase 1 designer is to present alternatives to the full CityCouncil for approval.

e. Approve the revised Draft Master Plan (a copy of the revised drawing is in theagenda packet).

3. Strickland Road Park Master PlanThe Committee recommends approval of the revised master plan with changes asoutlined in the memorandum dated March 6, 2009 (included in the agenda packet). Staffis also directed to continue exploring the potential for use of on-site water sources, suchas harvested stormwater, a pond, the existing well, and on-site treatment and reuse of

wastewater for irrigation and other park uses.4. Items Pending

Item #07-08 - Traffic Calming - Birnamwood Road (1/8/08)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 #07-46 - Street Closing - Davie Street/Empire Properties (11/4/08)Item #07-49 - Pedestrian Improvements - Lineberry Drive (1/6/09)

Item #07-50 - Park Master Plan Study (1/22/09)Item #07-51 - No Parking Zone - Trenton Woods Way and Tree Side Court (2/3/09)Item #07-52 - Easement Concerns - 4709 Scollay Court (2/3/09)Item #07-54 - Traffic Concerns - Reaves Drive (3/3/09)

M. REPORT OF MAYOR AND COUNCIL MEMBERSN. APPOINTMENTS

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

Parks, Recreation and Greenway Advisory Board - One Vacancy

Scott Reston (Koopman)

Telecommunications Commission - One Vacancy

No nominees.

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O. NOMINATIONSHuman Relations Commission - Two Vacancies

The terms of Dr. Barbara Ann F. Hughes and Ricardo Perez are expiring. Both are eligible forreappointment, have good attendance records and would like to be considered for reappointment.

Parks, Recreation and Greenway Advisory Board - Two VacanciesThe terms of Elaine Perkinson and Eugene Weeks are expiring in April. Both are eligible forreappointment, have good attendance records and would like to be considered for reappointment.

Planning Commission - One Vacancy

The term of Waheed Haq is expiring in April. He is eligible for reappointment, has a goodattendance record and would like to be considered for reappointment.

Raleigh Transit Authority - One Vacancy

The term of Joseph Springer is expiring. He is eligible for reappointment, has a good attendancerecord and would like to be considered for reappointment.

Telecommunications Commission - One Vacancy

The term of Terri Dollar is expiring. She is eligible for reappointment, has a good attendancerecord and would like to be considered for reappointment.

P. REPORT AND RECOMMENDATION OF THE CITY ATTORNEYQ. REPORT AND RECOMMENDATION OF THE CITY CLERK

1. Minutes of the March 3, 2009, Council meeting and joint hearing with the PlanningCommission will be presented.
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