COUNCIL MINUTES



COUNCIL MINUTES

The City Council of the City of Raleigh met in regular session at 1:00 p.m. on Tuesday, July 25, 2006, in the City Council Chamber, Raleigh Municipal Building, 222 W. Hargett Street, Avery C. Upchurch Government Complex, Raleigh, North Carolina, with the following present.

Mayor Meeker, Presiding

Mr. West

Mr. Craven

Mr. Crowder

Mr. Isley

Ms. Kekas

Mr. Stephenson

Ms. Taliaferro

Mayor Meeker called the meeting to order and invocation was rendered by Reverend Colin Benner, Triangle Vineyard Christian Fellowship. The Pledge of Allegiance was led by Council Member Crowder. The following items were discussed with action taken as shown.

RECOGNITION OF SPECIAL AWARDS

PARKS AND RECREATION – DELOITTE AND TOUCHE – RECOGNIZED

Mayor Meeker recognized J. R. Shearin, Deloitte and Touche, pointing out their employees volunteered with the Parks and Recreation Department on June 9 and assisted with painting two of our community centers, Green and Pullen Community Center and assisted with planting 2,000 plants at Pullen Park. Mr. Shearin pointed out once a year their firm closes every office throughout the country and their employees work on community projects in their given city. Mayor Meeker expressed appreciation to the employees for partnering with the City and making a difference in our community. He presented Mr. Shearin with a plaque.

AMERICAN PODIATIC MEDICAL ASSOCIATION – AWARD PRESENTED

Mayor Meeker recognized Dr. Kirk Woelffer, a practicing Podiatric in the City of Raleigh. Dr. Woelffer pointed out their association did a study of all the cities in the United States to find the best walking city. He stated Raleigh came out very well. He stated the analysis looked at the crime rate, parks, greenways, etc. He presented the Mayor with a statute pointing out Raleigh ranked 10th in the list.

CERTIFICATES OF APPOINTMENT – PRESENTATIONS MADE

Mayor Meeker explained the Certificate of Appointment presentation and presented a certificate to Jane Albright who was recently appointed to the Human Relations Commission and Joe Springer who was appointed to the Raleigh Transit Authority.

MAYOR’S COMMENTS – RECEIVED

Mayor Meeker welcomed Deputy City Attorney Botvinick who was filling for City Attorney McCormick.

Mayor Meeker displayed the framed Hurricane jersey which was signed by the team members who won the Stanley Cup. He stated it’s a historic sweater and it will be displayed in City Hall under proper security.

Mayor Meeker expressed appreciation to everyone who has been involved with or endured the work for converting Fayetteville Street Mall to Fayetteville Street. He stated the work started in March of 2005 and the grand reopening will be July 29, 2006. He expressed appreciation to all of the workers who have worked so hard to get this done and to the residents and downtown employees for enduring the construction zone. He also expressed appreciation to those who worked on the design and have made it possible to restore Fayetteville Street to the original William Christmas Plan. Everyone is very pleased to be able to look from the Capitol to Memorial Auditorium. He talked about the event which will take place on July 29 to open Fayetteville Street.

CONSENT AGENDA

CONSENT AGENDA – APPROVED AS AMENDED

Mayor Meeker presented the consent agenda indicating all items are considered to be routine and may be enacted by one vote. The vote on the consent agenda will be a roll call vote. He stated he had received the following requests to withdrawn items from the consent agenda: Municipal Agreement – Wake Forest Road Widening (Taliaferro) and Condemnation – Green Valley/Garden Acres Annexation – Utility Improvements – 4125 Rock Quarry Road. Without discussion those items were withdrawn from the consent agenda. Ms. Taliaferro moved Administration’s recommendations on the remaining items on the consent agenda be upheld. Her motion was seconded by Mr. West and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. The items on the consent agenda were as follows.

WAKE COUNTY EMERGENCY OPERATIONS PLAN – MAYOR AUTHORIZED TO SIGN

The Wake County Board of Commissioners on January 17, 2006 approved the revised National Incident Management System (NIMS) compliant Emergency Operations Plan for the County. This has been the first update since 1998 and there have been significant changes to the operational structure. Any comprehensive plan needs to be adopted by the Wake County Board of Commissioners (BOC) and the Emergency Operations Plan, formerly known as the Multi-Hazard Plan, is also signed by the senior elected official of the municipalities.

Traditionally, when revisions are made to the plan, the changes are noted on the revisions page and notices of the change(s) are sent out. However, due to the degree of structural changes, it was deemed necessary to seek formal adoption by the BOC and their peers in the community.

The Wake County EOP is available in CD format in the Council Office for review.

Recommendation: Authorize the Mayor to sign the revised Wake County EOP as requested by Wake County Emergency Management. Upheld on consent agenda Taliaferro/West – 8 ayes.

RALEIGH EMERGENCY OPERATIONS PLAN AND NATIONAL INCIDENT MANAGEMENT SYSTEM – RESOLUTION ADOPTED

To develop a City-wide Emergency Operation Plan (EOP) that incorporates the NIMS Incident Command System (ICS) structure, the City, utilizing grant funds provided through Wake County Emergency Management, hired ICF Consulting to complete this plan. ICF worked with Administration and Department Heads to develop this plan. The completion of this EOP puts the City in compliance with Homeland Security Presidential Directive (HSPD)-5, which will ensure continued federal support and funding in the event of an emergency.

The Raleigh Emergency Operations Plan was available in the Council Office for review.

Recommendation:

a. Adopt the Raleigh Emergency Operations Plan as the overall guide for all emergency management activities conducted by or on behalf of the City of Raleigh.

b. Adopt a resolution that endorses the National Incident Management System and the City’s commitment to using NIMS. This is also a requirement of HSPD-5.

Upheld on consent agenda Taliaferro/West – 8 ayes. See Resolution 964.

BUDGET – RE-APPROPRIATION OF JUNE 30, 2006 UNEXPENDED FUNDS – APPROVED

It is customary at the beginning of each fiscal year to appropriate some unexpended funds from the previous year to complete budgeted activities for which funds are not yet encumbered. The remainder of unexpended funds reverts to fund balance. Funds identified for re-appropriation are limited to ensure that adequate fund balance is available to be appropriated at levels approved in the budget and to achieve the 14 percent fund balance requirement. A report in the agenda packet details the funds recommended by the City Manager to be carried over from the FY 2005-06 Budget to FY 2006-07. Rollovers are recommended in the General, Economic Development, and Convention Center funds. Council approval is necessary to re-appropriate the funds into the 2006-07 operating budgets.

Recommendation: Approve. Upheld on consent agenda Taliaferro/West – 8 ayes. See Ordinance 63TF50.

WATER SERVICE – STRICKLAND ROAD – EMERGENCY WATER SERVICE APPROVED

A request letter has been submitted from the North Carolina Division of Waste Management for City water service for three private single-family resident properties located along Strickland Road west of Creedmoor Road outside of the City’s ETJ and within the Falls Lake Watershed due to private wells being contaminated by dry cleaner solvent.

Recommendation: Approve emergency water service per the City’s existing policy regarding water and sewer service in Falls Lake Watershed. Upheld on consent agenda Taliaferro/West – 8 ayes.

STORM DRAINAGE PETITIONS – NEW PROJECTS – APPROVED – FUNDS TRANSFERRED

Property owner petitions have been received and certified for review and consideration of storm drainage petition projects. Eight petition requests were reviewed by the Stormwater Management Advisory Commission (SMAC) on July 13, 2006. The following projects which have been prioritized are recommended by the SMAC for approval in accordance with the provisions of the City Storm Drainage Policy which was revised on September 7, 2004 by the City Council. The total estimated cost is $ 114,677.

Listed below in order of priority are the eight projects for the Council review:

City Property

Petition Total Cost Budget Impact Owner Share

7057 Jeffrey's Creek Lane $ 15,800 $ 15,800 $ 0

8229 Clearbrook Drive $ 34,900 $ 34,400 $ 5,000

2118 Milburnie Road $ 20,700 $ 20,286 $ 4,140

4008 Toccopola Street $ 1,175 $ 940 $ 235

4012 Toccopola Street $ 12,102 $ 11,860 $ 2,420

3321 Milton Road $ 3,300 $ 2,640 $ 660

6505 Battleford Drive $ 11,700 $ 9,400 $ 2,300

6509 Battleford Drive $ 15,000 $ 12,300 $ 2,700

$114,677 $107,626 $17,455

The owners at 8229 Clearbrook Drive, 2118 Milburnie Road and 4012 Toccopola Street have requested the installment financing plan.

Recommendation: Approve the eight projects and authorize the appropriate budget adjustments. Upheld on consent agenda Taliaferro/West – 8 ayes. See Ordinance 63TF50.

Transferred From:

470-9139-79001-975 Petition Projects $107,626.00

Transferred To:

470-9719-79202-975 7057 Jeffrey's Creek Lane $ 15,800.00

470-9718-79202-975 8229 Clearbrook Drive 34,400.00

470-9721-79202-975 2118 Milburnie Road 20,286.00

470-9716-79202-975 4008 Toccopola Street 940.00

470-9717-79202-975 4012 Toccopola Street 11,860.00

470-9720-79202-975 3321 Milton Road 2,640.00

470-9714-79202-975 6505 Battleford Drive 9,400.00

470-9715-79202-975 6509 Battleford Drive 12,300.00

$107,626.00

ANNEXATION PETITIONS – VARIOUS LOCATIONS – REFERRED TO CITY CLERK TO CHECK SUFFICIENCY AND SCHEDULE HEARINGS; 4201 LANDOVER LANE AND 12601 STRICKLAND ROAD – DEFERRED

The agenda presented the following petitions for annexation:

|Area Name Contiguous |Petitioner |Acres |Proposed Use |

|International Buddhist Progress Society Temple |I Chin Lu/International Buddhist |.86 |Institutional |

|(expansion of) |Progress Society | | |

|Wyndcroft Subdivision (expansion of) |Trinity Developers, LCC |35.04 |Residential |

|Northridge Trace Subdivision |Chris Raughley/ |9.96 |Residential |

| |Pulte Home Corporation | | |

|Satellite Petitions: | | | |

|Baybridge Park Townhomes |James Adams, Jr./ |12.82 |Residential |

| |Summit Development, LLC | | |

|John’s Point, Phase 2 |C.L. Moorefield, Jr./DLM Development |16.52 |Residential |

| |Group, LLC | | |

|4201 Landover Lane/ |Brian E. and Elizabeth K. Wright |.89 |Residential |

|Wright Property | | | |

|12601 Strickland Road/ Williamson Property |Faye M. Williamson |.90 |Residential |

Recommendation:

a. That these annexation petitions be acknowledged and that Council request the City Clerk to check their sufficiency pursuant to State statutes, and except as noted below, and if found sufficient advertise for public hearings on Tuesday, September 5, 2006.

b. That the above International Buddhist Progress Society Temple annexation petition be acknowledged and that the Council request the City Clerk to check its sufficiency pursuant to State statutes and if found sufficient to advertise for public hearing on Tuesday, October 3, 2006. Appropriate agencies should be notified of this request in accordance with our annexation agreement with Town of Cary.

c. Because the property located at 4201 Landover Lane and 12601 Strickland Road is connecting to City water only and sewer is not available at this time, it is recommended that the annexation of these properties be deferred.

Upheld on consent agenda Taliaferro/West – 8 ayes.

STREET CLOSINGS – APPROVED TEMPORARILY FOR VARIOUS EVENTS AND DATES

The agenda presented the following request for temporary street closings:

Various Streets

Jayne Kirkpatrick, representing the City of Raleigh and the Raleigh Civic and Convention Center, requests a street closure on Friday, July 28, 2006 from 6:30 p.m. to Sunday, July 30, 2006 at 2:00 p.m. for the Grand Opening of Fayetteville Street Celebration.

She also requests waiver of all City Ordinances concerning the possession and consumption of alcoholic beverages on City property and waiver of the amplified noise ordinances.

She also requests all parking spaces on the 100 block of Hillsborough Street be encumbered from 4:00 p.m. until 7:00 p.m. on Saturday, July 29, 2006.

300 Block of West North Street

Brandon Warren, representing the Curtis Media Group and Hibernian Pub, requests a street closure on Saturday, July 29, 2006 from 4:00 p.m. to 12:00 a.m. for an outdoor entertainment event.

He also requests waiver of all City Ordinances concerning the possession and consumption of alcoholic beverages on City property and waiver of the amplified noise ordinances.

1400 Block of Cross Street

Leon Cooke, representing the Mustard Seed Thrift Store, requests a street closure on Saturday, August 5, 2006 from 11:00 a.m. to 3:00 a.m. for a Neighborhood Kid’s Day.

1400 Block of Sawyer Road

Bonita Smith, representing Mount Pleasant Worship and Outreach Center, requests a street closure on Saturday, August 26, 2006 from 1:00 p.m. to 7:00 p.m. for an outreach service and festival.

2000 Block of McDonald Lane

Gerald Groon, representing White Memorial Presbyterian Church, requests a street closure on Sunday, August 27, 2006 from 3:00 p.m. to 8:00 p.m. for a church celebration.

200 Block of East Hargett Street

Sarah Wolfe, representing Exploris, requests a street closure on Saturday, September 9, 2006 from 9:30 a.m. to 6:00 p.m. for an event commemorating the 5th anniversary of 9/11/01.

She also requests encumbrance of all the parking spaces on the south side of the 200 block of East Hargett from 6:00 a.m. until 6:00 p.m. on Saturday, September 9, 2006.

Recommendation: Approval of the temporary street closings and related requests according to conditions outlined in the reports in the agenda packets. Upheld on consent agenda Taliaferro/West – 8 ayes.

SIDEWALK IMPROVEMENTS – CURRITUCK DRIVE – RESOLUTION OF INTENT ADOPTED

A sidewalk petition for the south side of Currituck Drive, approximately 370 linear feet, from Yadkin Drive to Chowan Circle was received and signed by a majority of property owners. The petition has been reviewed and meets both code and sufficiency requirements. Assessments will apply at the current rate of $6 per abutting foot subject to applicable exemptions.

Recommendation: Adopt a resolution-of-intent to schedule a public hearing on Tuesday, September 5, 2006, to consider the improvements. Upheld on consent agenda Taliaferro/West – 8 ayes. See Resolution 966.

GRANTS – GOVERNOR HIGHWAY SAFETY PROGRAM – TRAFFIC COLLISION RECONSTRUCTION AND SCHOOL ZONE SPEEDING – RESOLUTIONS ADOPTED

The Raleigh Police Department requested grant funding from the Governor’s Highway Safety Program in March 2006. The requested funds will be for year two of the Traffic Collision Reconstruction grant.

Year 2 of the grant will be used to fund:

• Sergeant’s position (Traffic Collision Reconstruction)

• Training

• Equipment

Project Costs:

Federal Funding 75% $54,595.00

Local Required 25% Match 26,338.00

(100- 0000-40016-000 - Controlled Substance Tax Revenue)

Total Grant Award $80,933.00

Governor’s Highway Safety Program - School Zone Speeding

The Raleigh Police Department applied for grant funding from the Governor’s Highway Safety Program in March 2006. The project will focus on efforts to combat speeding in school zones.

The funding will be used to purchase the following equipment for the Special Operations Division - Traffic Enforcement Unit.

• 6-Laser Radars

• 6-Laser Carrying Cases

• 2-Speed Measuring Devices

Project Costs:

Federal Funding 75%: $18,439.00

Local Required 25% Match 6,147.00

(100- 0000-40016-000 - Controlled Substance Tax Revenue)

Total Grant Award: $24,586.00

Recommendation: Adopt resolutions to accept the grants if awarded as required by the Governor’s Highway Safety Program. Upheld on consent agenda Taliaferro/West – 8 ayes. See Resolutions 967 and 968.

EASEMENT EXCHANGE – BRITTANY ESATES – RESOLUTION OF INTENT ADOPTED

A request has been received from J. David Lee, II, President of J. David Lee Builders, Inc., and Larry Langer, President of Lawrence Homes, Inc., property owners, to exchange an existing 20-foot City of Raleigh sanitary sewer easement for a relocated 20-foot City of Raleigh sanitary sewer easement in Brittany Estates in Raleigh. The builders are realigning the sanitary sewer easement one foot to allow for better lot development. The sanitary sewer main will remain in its original place and is in accordance with construction plans approved by the City of Raleigh Public Utilities Department. The property owner is responsible for all costs of the easement exchange.

Recommendation: Approve the easement exchange and authorize the City Clerk to advertise. Upheld on consent agenda Taliaferro/West – 8 ayes. See Resolution 969.

AFFORDABLE HOUSING – ANALYSIS OF IMPEDIMENTS – RFQ AUTHORIZED

The Analysis of Impediments assesses a community’s conditions regarding fair housing practices and the analysis attempts to recognize all barriers to affordable housing so that the grantee may address the conditions. The Department of Housing and Urban Development (HUD) recently informed all entitlement communities that their Analyses of Impediments should be updated. The City of Raleigh’s existing 1998 Analysis of Impediments does not meet current HUD requirements. The Community Services and Community Development Departments propose issuing a Request for Qualifications (RFQ) and hiring a consultant to produce an Analysis of Impediments to Fair Housing Choice. Community Services will take the lead on the development of the Analysis of Impediments and Community Development will provide advice and funding through the Community Development Block Grant (CDBG).

Recommendation: Approve issuing the proposed RFQ and hiring of a consultant to produce an Analysis of Impediments to Fair Housing Choice. Upheld on consent agenda Taliaferro/West – 8 ayes.

PUBLIC UTILITIES - BIOSOLIDS – HAULING – CONTRACT WITH ALWAYS TRUCKING, INC. AUTHORIZED

A contract of $200,000 has been negotiated with Always Trucking, Inc., for hauling and transportation of Class A lime stabilized biosolids to area agriculture sites. Hauling fees range from $8 to $13 per ton depending on travel distance.

Recommendation: Approve the contract with Always Trucking, Inc., for Hauling of Class A Biosolids (funds are available within the operating budget). Upheld on consent agenda Taliaferro/West – 8 ayes.

PUBLIC UTILITIES - BIOSOLIDS – HAULING CONTRACT WITH GRANVILLE FARMS, INC. AUTHORIZED

A contract of $175,000 has been negotiated with Granville Farms, Inc., for hauling and transportation of Class A lime stabilized biosolids to area agriculture sites. Hauling fees range from $8.50 to $11.75 per ton depending on travel distance.

Recommendation: Approve the contract with Granville Farms, Inc., for Hauling of Class A Biosolids (funds are available within the operating budget). Upheld on consent agenda Taliaferro/West – 8 ayes.

PUBLIC UTILITIES – HAULING OF CLASS A BIOSOLIDS – BID AWARDED TO MCGILL ENVIRONMENTAL SYSTEMS OF NORTH CAROLINA, INC.

A contract of $828,000 has been negotiated with McGill Environmental Systems of NC, Inc., for hauling and transportation of dewater sludge cake to a compost facility. Tipping and hauling fees total $36 per wet ton.

Recommendation: Approve the contract with McGill Environmental Systems of NC, Inc., for Hauling of Class A Biosolids (funds are available within the operating budget). Upheld on consent agenda Taliaferro/West – 8 ayes.

PUBLIC UTILITIES – DESIGN OF REUSE WATER MAIN EXTENSION AND ELEVATED STORAGE TANK PROJECT – ADMINISTRATION AUTHORIZED TO NEGOTIATE AND CONTRACT WITH KIMLEY-HORN AND ASSOCIATES

Three proposals were received for the design of the Reuse Water Main Extension and Elevated Storage Tank Project.

The three top firms are listed in ranking order:

Kimley-Horn and Associates, Inc.

HDR Engineering, Inc. of the Carolinas

Black & Veatch

Recommendation: Authorize Administration to negotiate a fee and contract with Kimley-Horn and Associates, Inc., for the Reuse Water Main Extension and Elevated Storage Tank Project and to negotiate with the other firms as listed in the event that those negotiations are not successful. Upheld on consent agenda Taliaferro/West – 8 ayes.

MARSH CREEK COMMUNITY CENTER – PROFESSIONAL DESIGN SERVICES – ADMINISTRATION AUTHORIZED TO NEGOTIATE CONTRACT WITH DAVIS KANE ARCHITECTS

The City has received seven proposals to provide professional design services for Marsh Creek Community Center.

The following four firms are ranked in priority order:

Davis Kane Architects

Gomes + Staub

Small Kane Architects

Smith Sinnett Associates

Recommendation: Authorize Administration to negotiate a consulting services contract for Marsh Creek Community Center with Davis Kane Architects. Upheld on consent agenda Taliaferro/West – 8 ayes.

PERSONNEL CHANGES – INSPECTIONS AND TRANSIT – VARIOUS ACTIONS TAKEN

The agenda presented the following personnel changes:

The Inspections Department currently has a vacant Zoning Specialist position (PG 32) in the Zoning Division. It is desirable to change the title to Zoning Inspector (PG 32). The title change within the Division is necessary to improve customer service over the City’s jurisdiction.

Recommendation: Approve title change to Zoning Inspector.

A Transit Marketing position has historically been funded under the Capital Area Transit (CAT) budget and employed by the management contractor. The position is physically located with the transit staff in the Transportation Operations Division at the Municipal Building. While the staffing arrangement has worked reasonably well, it has presented supervisory challenges. Furthermore, the current staffing arrangement does not provide the position with future growth opportunities or an environment where employee retention is favorable.

It is proposed that the CAT Marketing Director position become a City of Raleigh position funded within the Transit Operating budget. A spreadsheet that provides a comparison of the positions funding under the City of Raleigh and the contractor is in the agenda packet. The positions salaries and benefits are very similar except that the contractor funded position does not receive the State retirement benefit. Due to the vacancy of the position in the first month of FY2007, it is projected that no additional local share will be needed for the funding of this position. Before the position was transferred from the City of Raleigh to the contractor’s operations budget it was classified as a Marketing Specialist, pay grade 30. The City of Raleigh now classifies a Marketing Specialist as pay grade 33. It is proposed that the new position be classified as a Transit Marketing Specialist, pay grade 32.

Recommendation: Approve the transfer of the position and corresponding funding from the CAT Operations Budget to the Public Works Department, Transportation Operations Division and the following budgetary transfer.

Transferred From:

410-2630-71210-580 Transit Operating Subsidy $41,727.00

Transferred To:

410-2630-60001-580 Salaries - FT $33,490.00

410-2630-62001-580 Retirement 1,591.00

410-2630-62005-580 Social Security 1,340.00

410-2630-62006-580 Medicare 1,222.00

410-2630-62501-580 Health Insurance 3,744.00

410-2630-62502-580 Dental Insurance 272.00

410-2630-62503-580 Group Life AD & DI 68.00

$41,727.00

Both recommendations upheld on consent agenda Taliaferro/West – 8 ayes. See Ordinance 63TF50.

ENCROACHMENT – 517 WEST JONES STREET – APPROVED CONDITIONALLY

A request has been received from Samad Hachby to encroach on City right-of-way at 517 West Jones Street in order to maintain existing building steps which encroach 4 feet into the right-of-way with proposed 1.5 inch diameter handrails bolted and anchored into cement wall on both sides of the steps. The encroachment is needed in order to meet building code requirements.

Recommendation: Approval of the request subject to conditions outlined in Resolution 996 – 153 and with the understanding the owner shall obtain right-of-way and building permits prior to the installation. Upheld on consent agenda Taliaferro/West – 8 ayes.

ENCROACHMENT – 3342, 3400 AND 3402 LAKE BOONE TRAIL – APPROVED CONDITIONALLY

A request has been received from Suntree Homes, LLC to encroach on the right-of-way at 3342, 3400 and 3402 Lake Boone Trail in order to install a keystone retaining wall which will encroach 270 feet varying from 5 feet to 7 feet into the rights-of-way at heights varying from 2 feet to 4.5 feet. The encroachment is requested in order to prevent the removal of two Oak trees by placing wall on the right-of-way.

Recommendation: Approve the encroachment subject to conditions outlined in Resolution 996-153, owner obtaining a right-of-way permit from Inspections Department prior to installation, owner contacting NC One Call Center 48 hours prior to excavation and remaining 10 feet from existing utilities and the owner providing certification by a professional engineer based upon field inspections that the wall is built to the approved manufacturer’s specifications and submitted to the City of Raleigh Public Works Engineering. Upheld on Consent Agenda Taliaferro/West – 8 ayes.

ENCROACHMENT – 10140 ALM STREET – APPROVED CONDITIONALLY

a request has been received from Altman Development Corporation to encroach on the City right-of-way to install 50 trees in the right-of-way of Alm Street for approximately 1,243 feet along the south side beginning at the intersection of Globe Road. The request is in order to comply with City of Raleigh landscape requirements.

Recommendation: Approval of the encroachment subject to conditions as outlined in Resolution 996-153, owner obtaining a right-of-way permit from the Inspections Department prior to installation, contacting NC One Call Center 48 hours prior to excavation and remaining 10 feet from existing utilities and complying with City of Raleigh Urban Forester Guidelines and Street Yard Requirements. Upheld on consent agenda Taliaferro/West – 8 ayes.

ENCROACHMENT – NORTH SALISBURY/WEST LANE/WEST JONES/APPROVED CONDITIONALLY

a request has been received from the North Carolina Department of Administration to encroach on City right-of-way at 413 North Salisbury Street, West Lane Street, West Jones Street, 325 North Salisbury Street, Jones Street to North Salisbury Street, North Salisbury Street to Edenton Street, and North Salisbury Street to install high density polyethylene pipe 3 feet to 6 feet deep for the new NCDOA chilled water distribution loop. Encroachment will be beneath the sidewalk and street right-of-ways as shown on plans drawn by affiliated engineers dated 3/10/06. The plans showed the exact encroachment.

Recommendation: Approval of the encroachment subject to conditions as outlined in Resolution 1996-153 and the following additional conditions. Upheld on consent agenda Taliaferro/West – 8 ayes.

1. The Owner/Contractor shall obtain a “Right-of-Way” permit from the Inspections Department prior to installation.

2. The Owner/Contractor shall obtain a “Street Cut and Stub” Permit for any water tap made within street right-of-way and shall obtain an inspection from City Engineering prior to back fill.

3. All areas shall be restored to match existing conditions as indicated on the drawings by Affiliated Engineers dated 3/10/06 (General Notes).

4. The Owner/Contractor shall contact “NC One Call Center” 48 hours prior to excavation and shall remain 10’ from existing water and sewer utilities.

5. The Owner/Contractor shall obtain a “Lane Closure” permit from City of Raleigh Transportation prior to commencing work.

6. The Owner/Contractor shall contact City of Raleigh Transportation to coordinate the impact of removing the parking meters in area prior to commencing work.

7. The Owner/Contractor shall schedule an on-site field inspection with City Urban Forester, Alex Johnson, to insure preservation of trees in the right-of-way prior to commencing work.

8. The Owner/Contractor shall schedule an on-site preconstruction meeting with Street Maintenance Construction Inspector, Jack Cotton, prior to commencing work.

ENCROACHMENT – WAKE FOREST WATER SYSTEM IMPROVEMENTS – APPROVED

An encroachment agreement has been received from CSX Transportation for the encroachment of the 12-inch water main that will be installed under the railroad as part of the Wake Forest Water System Improvements. The following fees apply:

One-time license fee $4,000

Application fee $750

Recommendation: Approve the agreement and authorize the City Manager to execute on behalf of the City. (Funds to be handled administratively.) Upheld on consent agenda Taliaferro/West – 8 ayes.

BUDGET AMENDMENTS – VARIOUS – ORDINANCE ADOPTED

The agenda presented the following budget amendments:

Planning - $833.35 - to appropriate an additional donation from the Convention and Visitors Bureau for the development of a way finding plan and system for Downtown.

Solid Waste Services - $197,000 – to provide funds for Solid Waste Services Residential Collection Division to procure an additional Automated Side Loader not budgeted for in the FY 06-07 adopted budget.

The agenda outlined the revenue and expenditure accounts involved in recommended budget amendments.

Recommendation: Approval of the budget amendments as outlined. Upheld on consent agenda Taliaferro/West – 8 ayes. See Ordinance 63TF50.

CONDEMNATION – FAYETTEVILLE STREET/PENMARC DRIVE EXTENSION – RESOLUTION ADOPTED

Efforts have been unsuccessful to obtain needed easements because of title problem (cannot determine property owners); therefore, it is recommended that a resolution of condemnation be authorized for the following:

Project Name: Fayetteville Street/Penmarc Drive Extension

Name: J.W. Yeargin, Heirs & Effie M. Yeargin, Heirs

Location: 1107 Fayetteville Street

Recommendation: Approve the condemnation. Upheld on consent agenda Taliaferro/West – 8 ayes. See Resolution 970.

PW 2005-4 – WINGFOOT DRIVE DRAINAGE IMPROVEMENTS – CHANGE ORDER #1/WEAVER DRIVE DRAINAGE REPAIRS – APPROVED

The rainfall and flooding from Tropical Storm Alberto resulted in severe damage to the creek culvert under Weaver Drive near Duraleigh Road. This caused significant erosion and a partial washout of Weaver Drive. Change Order No. 1 includes removal of an existing, severely damaged 60” and 84” corrugated metal pipe culvert under Weaver Drive, and replacement with parallel 60” and 48” reinforced concrete pipe. This also includes installation of two new open-throat catch basins, associated grading and paving, and repairs to the damaged sanitary sewer system. To expedite these repairs, stormwater staff recommends that this work be added to an existing drainage improvement contract PW 2005-4. This change order is for an increase of $ 80,877.

Recommendation: Authorize Change Order No. 1.

History:

Original Contract Amount: $161,413.00

New Contract Amount: $242,290.00

Budgetary accounts to be amended:

Transferred From:

470-8659-79001-975 Stormwater Utility Capital Projects Fund $80,877.00

Transferred To:

655-8583-79202-975 Wingfoot Drive Drainage $80,877.00

Upheld on Consent Agenda Taliaferro/West – 8 ayes. See Ordinance 63TF50.

FIRE STATION 28 – FORESTVILLE ROAD – BID AWARDED TO MACALLAN CONSTRUCTION – TRANSFER AND BUDGET AMENDMENTS APPROVED

Pursuant to advertisement as required by law, bids were received and publicly opened on July 6, 2006 for the construction of Fire Station 28, 3500 Forestville Road. The low base bid, plus add alternates submitted by Macallan Construction totaled $2,053,647. This exceeded the budget estimate.

Through negotiations with Macallan Construction the cost of construction, plus alternates that include an emergency back-up generator and mandated exhaust system, has been reduced to $1,982,287. Additional funding of $32,000 is included to cover anticipated geotechnical services and owner’s reserve. Total construction budget is $2,014,287.

MWBE participation is 15.0%.

Recommendation: Approve the negotiated bid with Macallan Construction in the amount of $1,982,287, include project contingency funding of $32,000 and authorize the appropriate transfers and budget amendment to establish funding.

Transferred From:

505-8961-79001-975 Fire Station Backflow Prevention Devices $ 22,500.00

505-9695-79001-975 Fire Dept Traffic Control Devices 60,000.00

505-9192-79001-975 Clarence Lightner Public Safety Center 97,524.00

505-0000-79002-999 Reserve Program 65,900.00

$245,924.00

Transferred To:

505-8990-79001-975 Fire Station 401 N Corridor $245,924.00

The following accounts should be increased:

Revenue Account:

505-0000-53299-000 Appropriations from Prior Year $130,000.00

Expense Account:

505-8990-79001-975 Fire Station 401 N Corridor $130,000.00

Upheld on Consent Agenda Taliaferro/West – 8 ayes. See Ordinance 63TF50.

E. M. JOHNSON WATER TREATMENT PLANT FILTER REHABILITATION PHASE 2 – BID AWARDED TO SEASIDE ENVIRONMENTAL CONTRACTORS, INC.

Pursuant to advertisement as required by law, bids were received and publicly opened on June 6, 2006, for the E.M. Johnson Water Treatment Plant Filter Rehabilitation, Phase 2, Project, with Seaside Environmental Constructors, Inc., submitting the low bid in the amount of $3,591,000. Seaside Environmental Constructors, Inc., submitted a 15% MWBE participation plan.

Recommendation: Approve the low bid of Seaside Environmental Constructors, Inc., in the amount of $3,591,000 (transfer to be handled administratively). Upheld on consent agenda Taliaferro/West – 8 ayes. See Ordinance 63TF50.

Transferred From:

348-9020-79001-975 EM Johnson Filter Rehabilitation $3,591,000.00

Transferred To:

348-9020-79202-975 EM Johnson Filter Rehabilitation $3,591,000.00

E. M. JOHNSON WATER TREATMENT PLANT RECYCLE PUMP STATION PROJECT – BID AWARDED TO CROWDER CONSTRUCTION COMPANY – FUNDS TRANSFERRED

Pursuant to advertisement as required by law bids were received on June 27, 2006, for the construction of the E.M. Johnson Water Treatment Plant Recycle Pump Station Project, with Crowder Construction Company submitting the low bid in the amount of $3,898,920. Crowder Construction Company submitted a 5.5% MWBE participation plan.

Recommendation: Approve the low bid of Crowder Construction Company in the amount of $3,898,920 and the budgetary transfer.

Transferred From:

348-9020-79001-975 EM Johnson Filter Rehabilitation $ 648,920.00

348-9400-79001-975 EMJWTP Backwash Recycle Impv 3,250,000.00

$3,898,920.00

Transferred To:

348-9400-79202-975 EMJWTP Backwash Recycle Impv $3,898,920.00

Upheld on consent agenda Taliaferro/West – 8 ayes. See Ordinance 63TF50.

TRAFFIC – VARIOUS CHANGES – ORDINANCE ADOPTED

The agenda presented recommended changes in the traffic code relating to no parking zone removal on a portion of Person Street, removal of two-hour parking on a portion of Hargett Street. The agenda outlined the exact locations involved and the reasons for the recommended changes in the traffic code.

Recommendation: Approval of the changes in the traffic code as outlined. Upheld on consent agenda Taliaferro/West – 8 ayes. See Ordinance 64.

END OF CONSENT AGENDA

MUNICIPAL AGREEMENT – WAKE FOREST ROAD/I-440 – APPROVED – RESOLUTION ADOPTED

The City has been working with the North Carolina Department of Transportation regarding the relocation of several water meters and fire hydrants as part of the Wake Forest Road widening project located at I-440. The relocation of these assets is necessary to extend to the new right-of-way line that was acquired by the Department. The amount of this agreement is $12,366.50.

Recommendation: Concur in the agreement and authorize the Mayor to execute the agreement (transfer to be handled administratively).

Transferred From:

320-8337-79001-975 Thoroughfare Mains $12,366.50

Transferred To:

320-9722-79202-975 Wake Forest Road Widening $12,366.50

Ms. Taliaferro stated she had withdrawn this from the consent agenda to call attention to it pointing out this is a very important project. It is a very dangerous intersection and she is glad to see this project moving forward. Ms. Taliaferro moved approval as outlined. Her motion was seconded by Ms. Kekas and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted. See Resolution 965.

CONDEMNATION – GREEN VALLEY/GARDEN ACRES ANNEXATION AREA – 4125 ROCK QUARRY ROAD – TO BE PLACED ON AUGUST 8 AGENDA

Negotiations have, thus far, been unsuccessful with the following property owners for the sanitary sewer and temporary construction easements required for the Green Valley/Garden Acres Annexation Area water and sewer improvements. Though negotiations are still ongoing in some of these cases, in order to keep the project moving forward, it is recommended that authorization be granted for condemnation of the necessary easements needed from these properties for the project.

Project Name: Green Valley/Garden Acres Annexation Area Water and Sewer Improvements

Name: The Trustees for Wake Baptist Association

Location: 4125 Rock Quarry Road

Recommendation: Approve the condemnation.

Mr. West stated he had withdrawn this from the consent agenda as he would like to hold it until this item is reached on request and petitions of citizens. Without objection it was agreed to hold the item and discuss it along with the request and petition of citizens. During the request and petition of citizens it was agreed to hold this item and place it on the August 8 agenda. See minutes in that section of the meeting.

REPORT AND RECOMMENDATION

OF THE PLANNING COMMISSION

PLANNING COMMISSION CONSENT AGENDA – APPROVED AS PRESENTED

Mayor Meeker presented the Planning Commission Consent Agenda indicating it would be handled in the same manner as the regular consent agenda. He stated he had not received any requests to withdraw items from the Planning Commission Consent Agenda. Mr. Isley moved the Planning Commission’s recommendations as outlined on the consent agenda be upheld. His motion was seconded by Ms. Taliaferro and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. The items on the Planning Commission Consent Agenda were as follows.

REZONING Z-68-05/MP-4-05 – CRABTREE VALLEY AVENUE/BLUE RIDGE ROAD – 45 DAY EXTENSION GRANTED

This request is to rezone approximately 23.73 acres, currently zoned Shopping Center and Office and Institution-2. The proposal is to rezone the property with Planned Development Conditional Use Overlay District.

CR-11004 from the Planning Commission recommends approval of a 45-day time extension (September 12, 2006) for final technical review of the Master Plan Document. Planning Commission’s recommendation upheld on consent agenda Isley/Taliaferro – 8 ayes.

REZONING Z-70-05/MP-5-05 – CREEDMOOR ROAD – DENIED

This request is to rezone approximately 10.61 acres, currently zoned Residential-4 (2.78 ac) and Office and Institution-1 (7.83 ac) Conditional Use. The proposal is to rezone the property with Planned Development Conditional Use Overlay District.

CR-11005 from the Planning Commission finds that this request is not consistent with the Comprehensive Plan and recommends denial. Planning Commission’s recommendation upheld on consent agenda Isley/Taliaferro – 8 ayes.

SP-17-06 – GLEN ROYAL OFFICE BUILDING – APPROVED WITH CONDITIONS

This request is for the approval of 8,680 square foot one-story office condominium buildings on 1.59 acres zoned Thoroughfare District with Metro Park Overlay District, it does not adjoin Umstead Park. There are two identical buildings, each 4,430 square feet, connected with a breeze way. This site is part of the Brown Leigh Office Park and has an existing 100’ conservation management easement on the eastern portion.

CR-11006 from the Planning Commission recommends approval with conditions. Planning Commission’s recommendation upheld on consent agenda Isley/Taliaferro – 8 ayes.

END OF PLANNING COMMISSION CONSENT AGENDA

PLANNING COMMISSION – JIM BAKER RECOGNIZED

Mayor Meeker recognized Jim Baker and congratulated him on his appointment as Chairman of the Planning Commission.

REZONING Z-37-06 – GLENWOOD AVENUE – REFERRED TO THE COMPREHENSIVE PLANNING COMMITTEE

This request is to rezone approximately 2.43 acres, currently zoned Office and Institution-1. The proposal is to rezone the property to Office and Institution-2 Conditional Use.

CR-11007 from the Planning Commission finds that the proposed rezoning is consistent with the Comprehensive Plan and that this request be approved in accordance with conditions dated July 19, 2006. Planning Commission Chairman Baker explained the request and the Planning Commission’s recommendation. Mr. Crowder pointed out he had been asked by an adjacent property owner to refer this item to Committee for further discussion. He stated he had spoken to the petitioners and they have no objection. He stated the Comprehensive Planning Committee would have a special meeting on Monday, August 7 to discuss the item. Ms. Taliaferro spoke about the access points on Glenwood Avenue with Mr. Baker indicating there was some confusion. He stated a site plan would still be required. Without further discussion the item was referred to Comprehensive Planning Committee.

SP-18-06 – RBC CENTER MIXED USE TOWER – APPROVED WITH CONDITIONS

This request is to approve a 427 foot tall mixed-use building comprised of 271,926 square feet of office space, 17,715 square feet of ground floor retail space, 150 residential units and an eight level parking deck containing 572 spaces on a .83 acre site, zoned Business Zone and Downtown Overlay District. The request contains a density of 182 dwelling units per acre.

CR-11008 from the Planning Commission recommends approval with conditions.

Mayor Meeker pointed out this is one of the largest private investments ever made in Downtown Raleigh. Planning Commission Chairman Baker explained the request, the Planning Commission’s discussion and recommendation. Mayor Meeker had questions concerning the setbacks and how that was worked out. Planning Director Silver explained the setbacks. In response to questioning from the Mayor, Planning Director Silver pointed out the sidewalk improvements would be completed once the tower is constructed. Planning Director Silver pointed out the tower is 427 feet to the top with a 100 foot spiral on top of that. The spiral is an architectural element to accent the Downtown skyline. It will have up lighting and explained there will be no usable space inside the spiral. Mr. Crowder had questions concerning the parking on the upper levels and how that would be screened and possible impact on the Hudson with sound, lights, etc. Planning Director Silver explained the parking area is approximately 75 percent enclosed and glazed. He stated there are no windows on the side of the Hudson facing the project so there would be no impact.

Mr. Crowder questioned outside the architectural expression, what is the added value which allows the increase in density. Planning Commission Chairman Baker talked about the details which will add to the skyline of the City, the ability to enclose the parking, efforts to put the parking inside the facility, curving wall with pool and outdoor facilities, architectural membrane system and the glazing system. Planning Director Silver indicated there was a lot of discussion about the tower top, the work they did to punctuate the skyline, their work on the pedestrian friendliness and the interaction between the lobby of the building and Fayetteville and Martin Street.

Mr. Stephenson had questions about the adjacent parking structure with it being pointed out that is a separate entity. They have adequate parking in the plan. Mr. Crowder moved approval as outlined. His motion was seconded by Ms. Taliaferro and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

SPECIAL ITEMS

PLANNED DEVELOPMENT DISTRICT – DESIGN STANDARDS PROPOSAL – TO BE PLACED ON JULY 2007 AGENDA

During the September 6, 2005 Council meeting, Bob Mulder, representing the Northeast CAC and other interested citizens, presented the Council with a proposal to consider adding design standards to Planned Development Districts. Council and Planning staff discussed Mr. Mulder’s concern and TC-3-05 (Planned Development District Lot Size).

During the November 11, 2005 Council meeting, the Planning Director indicated that an update would be provided to the Council on TC-3-05 in July 2005 (the one year anniversary of the adoption of TC-3-05). The update was in the agenda packet.

Mayor Meeker stated Council members received a memorandum indicating this district has not been used since it was put in effect. He suggested placing this item on the July 2007 agenda to review at that time. Without objection it was agreed to follow that course of action.

NORTH HILLS – SELF-FINANCING PROPOSAL – HELD UNTIL POLICY AND GUIDELINES ARE DEVELOPED; POLICY AND GUIDELINES – REFERRED TO CITY MANAGER TO WORK WITH OTHERS FOR A REPORT TO COUNCIL COMMITTEE OF THE WHOLE/WORK SESSION

North Hills, Inc. presented a self-financing proposal to Council during the June 20 Council meeting. Mr. Craven requested that Administration review the proposal and schedule a public hearing in conjunction with the July 25 Zoning Hearing on this project. After discussion and checking time schedules, it was directed that the item be placed on the July 11 agenda to receive additional information on the plan, get an overview of the financing in general, presentation and comments from the Manager and the Attorney on timing, etc.

During the July 11 meeting additional information was presented and questions asked. It was directed that the item be placed on this agenda for further discussion.

Mayor Meeker pointed out Council members received information from North Hills, Inc. responding to questions asked by Council.

Ms. Kekas moved that the Council request the City Manager to meet with the County Manager and someone from the Institute of Government to come up with proposals and guidelines for the City Council to review and study in a special Committee of the whole or Work Session so that the Council could develop policies on how to use this type financing and to keep Kane’s request at the table for discussion after policies and guidelines have been developed. Her motion was seconded by Ms. Taliaferro. Mr. West stated he would like to make sure that the Council would discuss this in a Committee of the Whole or Work Session as there are number of items that need to be addressed. He stated he feels the Institute of Government does have excellent resources but pointed out the City Manager may want to have other resources such as League of Cities or other locations that might have used this type of financing. He stated he wants us to get out of the box, be creative, get as much input both locally and nationally on the use of this financing tool. Ms. Taliaferro suggested looking at other states that have used this tool pointing out she hopes we can learn from other people’s mistakes and successes. She stated this is not something that the Council would be able to just read a report and make a decision. She feels it will take a lot of discussion. Mr. Isley talked about continuing the dialogue with representatives of John Kane and his consultants pointing out he feels we would be remiss at not taking a look at the information they have provided. They have provided a lot of insight and information. Mr. Crowder started he feels we should get as much information as possible but as we discuss developing policies and procedures between the City and County he feels it would be inappropriate to have Kane at the table as that is a specific project. Ms. Taliaferro pointed out all of our meetings are open to the public and we should encourage as much participation and get as much information as possible. Ms. Kekas restated her motion to ask the City Manager to meet with the County Manager, Institute of Government and whoever else is needed to come up with proposals and guidelines for the City and County to review, and develop policies on use of this financing tool. The restated motion was put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote. By consensus the Council agreed to hold the North Hills proposal until policies have been developed.

REPORT AND RECOMMENDATION OF THE CITY MANAGER

ORGANIZATION – DEVELOPMENT SERVICES – PROPOSAL – VARIOUS ACTIONS TAKEN

Following the action of the Council at the last meeting to authorize the creation of a Development Services Manager position, included in the Council packet is the overall organizational structure that will be overseen by this position, and an explanation of the duties of the key positions.

Recommendation:

a. Approve recommended organizational structure.

b. Approve new position and budget transfer (Development Services Public Information Officer (PG 37) ).

c. Approve reclassification and budget transfer of existing Business Process Analyst position in the Inspections Department (PG 32) to Web Content Manager (PG 34).

d. Approve budget transfer of two positions (Senior Business Process Analyst - PG 34 and Business Process Analyst - PG 32) from the Inspections Department to the City Manager’s office.

City Manager Allen pointed out Council members received in the agenda packet the following comprehensive report, work plan, what has been done thus far, etc. The report was as follows:

Farragut Systems provided a report to City Administration that was provided to the Council dated March 8, 2006 that recommends, among other things, to re-think the governance structure that is in place to manage the City’s Land Development process. Specifically Farragut noted that the system as it exists has evolved as a series of departmental responsibilities without an overall vision or any structure for coordinating the activities that constitute the entire process. The result has been a disparate system of different review steps managed independently that result in an opaque system from the customers’ standpoint, and which creates handoff and communication challenges for our internal staff.

Two models were considered for organizational concepts that might be applied to our situation. The first involves the creation of an independent development review “super-agency” that takes land development review and approval responsibility away from the individual departments and places it in an independent, process-focused and accountable agency. The second model, which we believe fits Raleigh’s situation more effectively, involves the creation of an independent, overarching management structure to view the process from a more holistic position, which is accountable to resolve interagency conflicts, establish new procedures and manage across department lines, while allowing the subject matter experts involved in the review to continue to be connected to the departments most closely aligned with the content issues. The recommended option establishes a Development Services Manager (approved at the July 11 Council meeting) reporting directly to an Assistant City Manager, who is empowered by the City Manager and by the affected Department Directors to manage the process and make change in any part of the Land Development process, and whose office forms the single point of contact for users of the system to seek resolution of any problem throughout the City’s entire system. The Development Services Manager is supported by two key assistants, and by a small staff of Business Analysts, Communication and Customer Service specialists.

Attached is diagram outlining the recommended organizational structure which represents the first major change necessary to go “full speed ahead” toward reforming the process in accordance with Farragut’s recommendations. At this time, all but one position in the recommended organizational structure can be accomplished utilizing existing positions re-directed toward this effort. This structure still has positions that are undefined and also includes several part-time participants. It will be a continually evolving effort which may result in identification of needs for further resources as the program develops. In this case, the Development Services Division will prepare a specific proposal and funding plan for further consideration by Council.

Recommendations:

1. Approve recommended organizational structure

2. Approve new position and budget transfer (Development Services Public Information Officer (PG 37) )

3. Approve reclassification and budget transfer of existing Business Process Analyst position in the Inspections Department (PG 32) to Web Content Manager (PG 34)

4. Approve budget transfer of two positions (Senior Business Process Analyst – PG 34 and Business Process Analyst – PG 32) from the Inspections Department to the City Manager’s office.

Also attached to this memorandum are:

- A summary of the Farragut recommendations

- A status of actions taken to date related to the Farragut recommendations

- A list of 5 strategic goals for the upcoming 6 months, and another 5 goals for the following 6 months

- Three key position descriptions that are built into the new organization

Below are answers to some clarifying questions about the new structure:

How does this new organizational structure address the Farragut recommendations?

1. It establishes a governance process for the Land Development process similar in some ways to the IRMC process that governs technology investments. It differs in a significant way in that this structure has dedicated full-time staff and a senior-level coordinator who are accountable to carry out the goals of the Farragut Study and is responsible to the Oversight Group.

2. It establishes a communication position whose job is to decipher the entire process and communicate it in a rational way to the public and internally – this will result in a “Land Development Handbook” as the Farragut study recommends, which will be interactive and on our web site as well. The Communication Team will be tasked with implementing the Farragut recommendations to redesign how we present Land Development Review information on the web.

3. The governance process is designed to be very data-driven (see discussion of “Build-Stat” meetings below), and establishes a Business Analysis/Service Excellence Team to constantly monitor performance data and use that to develop further improvements and to feed back to divisions and department how they are doing from the customer’s standpoint.

4. The Communication Team will also be responsible for organizing and scheduling external stakeholder meetings, the Business Analysis team will provide data, and the Development Services Manager will be the prime contact for our external customers.

5. The Business Analysis Team will include dedicated Information Technology resources to navigate the technology governance structure and implement the technology recommendations in the Farragut report.

What does “Build-Stat” mean?

The Police Department currently utilizes a process called “CompStat” to take stock of the current situation in the field using key performance indicators mapped geographically, establish strategies for addressing the issues identified by this data, and organizing resources to solve the problems. The process involves regular meetings where analysts present current data and trends, the Police Chief leads a discussion with each Police District Commander and other managers to share data and strategies and set a clear goal and direction. This process has proven to be very successful in helping identify where resources need to be applied to achieve strategic goals, and it is planned that the same will be applied to the Land Development process, with the Development Services Manager and the Assistant City Manager leading the “Build-Stat” meetings with the assistance of the Business Analysis Team providing current data.

Is this a new department? Does it simply insert a new level of bureaucracy in the process?

No. Most parts of this new structure will be pieced together using existing positions. The Development Services Manager will report to an Assistant City Manager, but will be evaluated (as will all members of this structure) by the Oversight Group based on how successful they are implementing the Farragut recommendations and goals across department lines. The Farragut study has identified that this is a missing piece of our structure. When successfully implemented, it will reduce the amount of inter-departmental bureaucracy necessary to operate our Land Development Services operation by eliminating cumbersome handoff processes and creating new communication and technology solutions to make our policies more consistent across the organization, simplify our jobs and make our process much more transparent to the customer.

What do the dotted lines mean?

The Teams will have very important relationships with groups who are not directly part of this governance structure. In particular, the Business Analysis/Service Excellence Team will interact with the IRIS/GIS group and the Budget Staff as they develop technology solutions and fiscal policies for paying for our services. The Communication Team will work very directly with Public Affairs to develop a communication strategy that dovetails with the City’s overall strategy and process, etc.

What is a “Customer Service Liaison”?

This idea has been called a lot of different names over the years…”case workers”, “ombudsmen”, etc., but the concept is the same. Customer Service Liaisons (CSL’s) will be official hand-holders to help customers navigate our Land Development Services process, to help ferret out consistency problems across divisions and departments, to be a single point of contact on complex multi-faceted projects and to follow projects through from submittal to occupancy. It is anticipated that the Development Services Manager and the Business Analysis/Service Excellence Team will design this part of the Land Development Services structure, how many CSL’s there will be, how it will work, to whom it will be available and how to pay for it. More information will be provided to Council as this program is further designed.

Who will the Development Services Manager be?

It is planned to have a national search (for which all of our current employees are eligible to apply) to identify the right candidate to be the DSM. This position must be at a high enough level and be given authority by the Oversight Group to implement changes across departmental boundaries. The person who becomes the DSM must have earned or can earn the respect of colleagues, co-workers and customers, be a can-do problem solver, have outstanding customer orientation, great “people” skills and strong management skills to get the best from the Business Analysis Team, the Communication Team and the Core Team.

What is the role of the Core Team and who will be on it?

The Core Team will represent, as it did during the Farragut study process, subject matter expertise in each part of the Land Development Services process. The Core Team will assist the DSM (much as the Business Team assists the IRMC) to develop policies and processes to implement the Farragut recommendations. The Core Team will also be made up of members who can address problems that develop in their own department, handle complaints and interact with department directors over issues specific to their area of expertise. The Core Team will be made up of many of the Farragut Study Core Team members, with perhaps a few more people added.

How do we know this will result in real change? How is this different from past efforts at reforming the Land Development process?

The commitment to implementing the Farragut recommendations is clear not only through the statements of the Mayor, City Council and City Manager, but by the endorsement of all the members of the Oversight Group and the dedication of an Assistant City Manager to lead the Oversight Group and resolve any over-arching issues that arise, and by the hiring of the DSM. The difference this time is that there is an effort to create a group of change agents that operate independent of the traditional department structure and whose job it is to conceive and communicate the process as a unified whole across the entire organization, and who are empowered to make change across department lines.

Farragut recommendations summary:

- Create a governance procedure for the Land Development process

- Create a Land Development Handbook

- Redefine the role of the Attorney’s Office at the policy level

- Create a customer service attitude – train it

- Create and use performance measurement to manage and improve

- Commit to using IRIS and making it better

- Document and train internal procedures to support LDP Handbook

- Consolidate all mapping and addressing related functions

- Visit other jurisdictions, use their best ideas

- Review fee structures for consistency, cost recovery

- Improve implementation of text changes

- Return phone calls, respond to e-mails

- Reorganize web communications into 3 separate tracks

- Conduct regular external stakeholder meetings

- Offer pre-application meetings

- Create process owners

- Reduce content requirements on recorded maps

- Use a consistent project identifier throughout the process

- Simplify the preliminary plan approval letter

- Involve field inspectors earlier in the development process

- Mitigate problems with missing parcels and PIN’s

- Defer electronic submittals and reviews until IRIS has EDMS ability

- Allow administrative approval of minor encroachments

- Create and distribute automated process metric reports

- Add ability to scan and store plans in EDMS, link to IRIS

- Provide automatic monitoring and routing of reviews

- Provide automatic escalation of overdue tasks

- Automate notification of code changes

Farragut recommendations implemented to date

1. Internal restructuring has occurred to streamline decision-making. Issues are flagged earlier in the process to avoid a circle of meetings and correspondence/reviews.

2. Customer service card has been created and shared with other development service-oriented departments.

3. Project tracking in the Planning Department started in June 2006.

4. Developed a list of Planning fee increases as well a new fees as part of FY 07 budget. Some fees will discourage abuse of some processes.

5. Mandate that staff return all calls within 24 hours or next business day (Planning Dept.).

6. Now encourage pre-application meetings for preliminary review (soon to be mandatory).

7. Turn-around time for Preliminary Approval letters has improved.

8. Placed Planning Commission’s Agenda at a more prominent location on web site with links to zoning and site plan cases.

9. Implemented new policy requirements for the timing of when revised conditions associated with CUD cases can be submitted.

10. Held a training session for RCAC on zoning and site plan review.

11. Worked with Appearance Commission to streamline zoning case and site plan review.

12. Routing preliminary plan submissions daily instead on Fridays.

13. Combined Fire Inspections and Fire Protection building permit review into one group now housed in the Fire Department with the fire protection plans review staff located within the Inspections Department working beside the building plans examiners.

14. Created Pony Express in Inspections Department to handle small projects in an express review thus taking these projects out of the regular express. This frees more space in the regular express plus offers this review at less cost to the customer.

15. Created a review process in IRIS for encroachment request.

16. Expanded Customer Service Card out into the field so that contractors and builders can give us feedback on our field staff’s performance.

17. Field Mobility (full functionality for inspectors in the field…no office work) – go live late summer 06.

18. EPermits – obtain simple permits on line. Four pilot contractors using system now. Roll out to entire industry late summer 06.

19. Made improvements and minor enhancements to Inspections Web site.

20. Weekly Inspections internal training on process/customer service.

21. Public Works and Public Utilities have implemented a triage system for construction drawing submittals and consolidated construction drawing reviews under a single reviewer to ensure consistent comments on reviews.

22. Public Utilities is in the process of hiring additional personnel that City Council approved mid-year to free up a Civil Engineer position’s time so that she can devote more time to reviewing plans and be more assessable to public for questions.

23. Improved Public Utilities WEB site to include additional information.

24. Purchased cell phone for Public Utilities Project Engineer II position to improve communication.

25. New staff identified in budget for recorded map process.

Land Development Services recommendations in progress

1. In the process of creating a Zoning Handbook/Development Handbook (December 2006).

2. Attorney’s role on planning items under review (December 2006).

3. Requested an administrative position in the Planning Department in FY 07 to track projects.

4. Exploring the benefits of moving GIS to Planning (August 2006).

5. Consolidate addressing and suite assignment to Planning if GIS moves to Planning (September 2006).

7. Working on the automation of code change notification and methods to expedite code implementation (Fall 2006).

8. Will adopt standards for application submissions. Pre-applications will be required. Will not accept incomplete applications. (Fall 2006).

9. Web site improvements to continue (2006-2007).

10. Working on proposal to have Minor Encroachments handled by Planning Department’s Urban Design Center (2006).

11. Lap tops soon to be installed in Public Utilities Field Inspector’s trucks so that they can communicate with Public Works Field Inspectors and be able to access IRIS. (Summer 2006).

Development Services Organization priorities 2006-2007

Using input from the Triangle Community Coalition priority list in addition to a prioritized list prepared by the City’s Core Team after reviewing Farragut’s recommendations:

5 goals to be achieved by March 2007:

1) Implement new governance procedures

a. put in place Development Services Manager, Asst. Manager and staff

b. Establish complaint tracking and documentation procedure

c. Establish relationship with Core Team and departments

2) Create Land Development Handbook

a. Create document for both web and print publication

3) Establish new customer service ethic among staff

a. Establish and implement training program

b. Create internal procedures/training manual

c. Establish and track standards for phone answering, response, etc.

d. Create communication link between field and office

4) Implement pre-application meetings

a. Develop process guidelines – desired outcomes

b. Establish fee schedule and resource tracking

5) Re-invent recorded plat/HOA/Stormwater document review process

a. Attorney certification/standard stormwater agreements

b. Resource/staffing analysis

c. Content analysis of plat notes, etc.

5 goals to be achieved by the end of calendar year 2007:

1) Re-organize Web site

a. Create unified Development Services web site with comprehensive info on both process and content

2) Improve Implementation of Text Changes

a. Create new system to reduce impact of multiple text amendments

3) Create and Use Performance Measurement Tools

a. Establish and implement “Build-Stat” program

b. Publish tracking data on web

c. Develop process for periodic reporting to Council/Manager/stakeholders

4) Implement IRIS improvements

a. Expand IRIS routing procedures consistently throughout process

b. Implement automatic escalation of overdue tasks

c. Create interactive project status website

5) Re-invent Express Review Process

a. Find and implement new ways to utilize express concept

b. Extend process to smaller projects involving fewer staff

c. Analyze customer service liaison concept (ombudsmen)

Development Services Manager:

(City Manager’s Office)

Minimum Requirements: 8 years or more of experience in a progressively more responsible role in local government land development review processes or related areas, a Master’s Degree in City Planning, Civil Engineering, Public Administration or a related field, or a Bachelor’s Degree in a related field and commensurate additional experience.

A Valid NC Class "C" Driver's License. Experience and familiarity with standard office automation computer software is required. Additional direct management experience in this field and/or advanced expertise in land development-related software applications or Geographic Information Systems (GIS) is desirable.

Position Responsibilities: Responsible for cross-departmental coordination of the City’s land development review function, implementation of changes in the land development review processes across several departments based on a recent consultant study and recommendations, collection and management of performance metric data on land development review efficiency and effectiveness, management and documentation of complaints and resolution of complaints regarding development services, coordination of enterprise-wide information technology solutions and communication solutions for development services, and interaction with customer and stakeholder groups to identify further changes to constantly improve City services in this area. This position will supervise 5-7 professional-level full time team members and several part-time participants, and will report directly to the Assistant City Manager and indirectly to an oversight board consisting of the ACM and 5 other Department Directors (Planning, Inspections, Fire, Public Utilities, Public Works).

Assistant Development Services Manager:

(City Manager’s Office)

Minimum Requirements: 5 years or more of progressively more responsible experience in the field of public land development review, city planning, inspections administration, business analysis or public agency management, a Bachelor’s degree in City Planning, Business Analysis, Public Administration or a related field. A Valid NC Class "C" Driver's License. Excellent data analysis skills, management skills, familiarity with technical tools for business analysis and information technology systems and public fiscal systems are required. Additional direct management experience in this field, a Masters Degree, advanced information technology expertise and/or financial management expertise is desirable.

Position Responsibilities: Provides key business analysis and customer service information to Assistant City Manager and Development Services Manager in the City Manager’s office. Performs high level analysis and makes recommendations for changes in land development processes and functions, manages periodic data sharing (“Build-stat”) meetings with cross-departmental land development staff, tracks performance metrics for land development review processes across department lines, manages information technology systems related to land development processes, including the IRIS application, makes recommendations for new information technology applications to be applied to the land development review process, manages complaint tracking system and resolves customer process issues across department lines, analyzes fiscal impact of land development programs, fee systems, and makes recommendations on fee/fine systems related to the land development process. Reports directly to the Development Services Manager in the City Manager’s office and supervises several full-time employees in the division.

Development Services Public Information Officer:

(City Manager’s Office)

Minimum Requirements: 3 years or more of experience in a responsible role in the field of public relations, website management, publication production or governmental public affairs, a Bachelor’s Degree in English, Communications, Public Relations, Visual Design, Public Administration, Journalism, Marketing or a related field. A Valid NC Class "C" Driver's License. Public speaking ability, good writing skills, experience and familiarity with standard office automation computer software, graphic software and web/print design are required. Additional experience in the land development review process is preferred. Additional direct public relations or print/website management experience, a Masters Degree, and/or advanced technical writing experience are desirable.

Position Responsibilities: Serves as chief public information official related to the City’s land development review processes. Develops both print and internet information to communicate City’s land development review process to public and to internal customers, including Land Development Manual, periodic newsletters, etc., organizes customer information feedback sessions with stakeholder groups, presents land development information at public meetings, helps to develop and craft a marketing strategy for the City’s internet services related to land development, coordinates look-and-feel of City publications and applications for development services, makes key City publications available on the internet, and works with other departments and the external media to best utilize the internet to provide public information and customer services related to land development review. This position will supervise full-time and part-time staff members and contract staff, and will report directly to the Development Services Manager in the City Manager’s office.

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Notes: FT staff report to Development Services Director. PT staff will remain in the current department structure, but each year they will be evaluated by the DSM based on their work in the Development Services organization and this evaluation document will be placed in their personnel file with their normal annual evaluation. PT staff time allocation will be specifically agreed to by the DSM and the respective Department Director. DSM will make an annual report on the full range of Development Services operations to the Oversight Group who will only meet as needed other than to receive this annual report. DSM will provide periodic updates by e-mail and will call meetings when necessary to resolve specific issues.

(FT) = Full Time Position (PT) = Part Time Position

City Manager Allen pointed out he is leaving open the opportunity to come back to request new positions or backfill positions if needed in the various department. He briefly highlighted the information pointing out this is a team approach of the core departments. Department directors will be involved as an oversight team and work with the development services manager position. He stated he is trying to utilize the best resources in the various departments and make sure the department directors stay plugged in. He feels it is a good model. It has been reviewed with the employees involved and everyone is on board and he is asking support of the program.

Ms. Taliaferro questioned how the City Attorney’s office fits in the review process pointing out she sees a relationship to development services manager but does not understand how the Attorney’s office fits in. City Manager Allen pointed out the line from the City Attorney’s office could be drawn many ways. There was no intention of excluding anyone from having communications with the City Attorney’s office. He stated the City Attorney’s office has indicated they would like to do some restructuring and he is by no means trying to change that effort. Deputy City Attorney Botvinick explained they are happy with the progress being made in their office. He stated they have basically quadrupled the review time with half the number of staff under the new system. He understands there have been problems in the past and they regret that but they feel this is a good model. They have worked with the City Manager’s office. Mr. West asked about key decision points with the City Manager pointing out we could draw additional lines from the City Attorney’s office to the other departments/oversight group there is not intention to cut the City Attorney’s out of the lines of communication.

Mayor Meeker questioned when the development services manager and others will be on board. City Manager Allen pointed out we are doing a national search and we have identified some employees that could fit into the various slots hopefully that can be done fairly shortly. Ms. Taliaferro stated as she understands all of the new positions are being created by transferring positions from other departments with the City Manager indicating that is correct with the exception of the development services public information officer. He stated the other slots would be filled by moving people from various departments and possibly reclassifying some people. He stated he has been working with the various departments and we are not going to leave the departments without the resources they need. He stated again he may have to come back and ask for some backfill of positions pointing out they have been trying to accomplish this goal without a lot of new positions. Ms. Taliaferro stated her concern is leaving the departments whole. There may be some shifting of who the employees report to. She stated she knows a lot of employees have more than one responsibility and she does not want us to end up with loose ends. City Manager Allen pointed out we have had unanimous support from the department directors and employees with the caveat that if there are areas of their work that is slipping he would come back and ask for backfill of positions. In response to questioning from Mr. West, City Manager Allen pointed out all of the employees and tasks have not been identified. He stated he has not attached names to the positions but has a sense of who they will be. He again stated all department directors have signed off and they understand the needs. Mr. West stated he is in full support of the proposal but would like to see the names attached as soon as they are available.

Ms. Taliaferro suggested getting a report at the end of the year to make sure this reorganization is doing what we want it to do. In that report we could also have feedback from the customers, etc.

Mayor Meeker expressed appreciation to the City Manager for following up on this assignment pointing out it is always hard to reorganize and get things moving ahead. The City Manager pointed out all of the departments have been making dramatic improvements including the City Attorney’s office as we move through this process. Mr. Crowder pointed out as we look at the two new positions development services manager and public information officer he hopes we will look for someone who has been involved in building code and inspections. He stated a lot of the frustration in the field comes from the issue that people do not know the City plans, organizations, etc. Ms. Taliaferro moved approval of the manager’s recommendation. Her motion was seconded by Mr. West and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Ordinance 63TF50.

REPORT AND RECOMMENDATION OF THE

GREATER RALEIGH CHAMBER OF COMMERCE

GREATER RALEIGH CHAMBER OF COMMERCE – APRIL – JUNE 2006 REPORT – RECEIVED

Adrianne Cole pointed out Council members received the quarterly report outlining the City’s marketing and economic program efforts for the period April through June 2006. She stated they have been very busy writing on the coats of the Hurricane Stanley Cup win and bringing attention to the area.

Mr. West pointed out some time back the Wadley Donovan report was done. He questioned if there is anything in that report that is still relative and whether the report has been updated or where we are on those items. Ms. Cole pointed out that report was done in 1996 and it created the position she presently holds. She stated, however, Wadley Donovan has not been hired to update the report. She talked about the number of studies that have been done pointing out it is felt the Wadley Donovan report was a good solid foundation. It is a foundation of the program we have today but with various new reports, etc., it has been built upon. She talked about her work in Southeast Raleigh and the Business and Technology Center. No further action was taken.

REPORT AND RECOMMENDATION

OF THE STORMWATER MANAGEMENT ADVISORY COMMISSION

STORMWATER MANAGEMENT ADVISORY COMMISSION – ANNUAL REPORT – RECEIVED; 2006-2007 WORK PLAN - APPROVED

Mary Watson Nooe, Stormwater Management Advisory Commission, pointed out Council members received a copy of the annual report for the past year’s work and the following proposed work plan. Ms. Nooe highlighted the work they have done including work on a Lake Preservation Policy, low impact development, review of semiannual drainage petition projects and Stormwater Capital Improvement Program. She pointed out the annual report was submitted with gratitude and appreciation for the contribution and dedication of Merle Marxen who was a member of the Commission. Mr. Marxen passed away last year. She went over the proposed 2006-2007 Work Plan which is as follows:

The Stormwater Management Advisory Commission members are pleased to present the annual work plan to City Council for their review and concurrence. The Commission would appreciate input from the Council on their priorities to be considered by the Commission. The outlined work plan is not in priority order.

I. Private Property Drainage Issues

A. Update the City Storm Drainage Policy for drainage improvements on private property and recommend changes to Council as needed.

B. Recommend policies for the maintenance of drainage facilities on private property.

C. Review any updated changes to the City’s current role in private/public lakes and recommend changes to Council as needed.

D. Consideration of a cost-share program for private water quality retrofit projects.

E. Remediation of problems related to new construction in floodprone areas.

II. Stormwater Utility Credit/Adjustment Programs

A. Update the stormwater utility credit and adjustment programs as needed.

B. Continue work on Low Impact Development (LID) as needed.

III. Stormwater Program Funding/ Financing

A. Recommend funding allocations for various types of stormwater projects.

B. Review the yearly Stormwater Capital Improvement Program.

C. Review the bonding program for the stormwater utility program.

D. Look for additional funding sources for both water quality and quantity projects.

IV. Review/Recommend Regulatory Program Changes

A. Review of the Planning and Development Regulations Related to Stormwater/Drainage

B. Development of a policy on the piping of streams.

C. Review of procedures for inspection and construction of private drainage systems.

D. Review of current policies and ordinances related to downstream impacts from new development.

V. Review/Recommend Stormwater Educational Program Changes.

A. Public notification of completed stormwater projects.

B. Public information programming about the stormwater utility

VI. Stormwater Conveyance and Drainage Systems

A. Review of the current drainage system maintenance policies/program.

B. Review of construction/ maintenance/inspection of public street drainage systems.

She highlighted the various areas. She asked the Council to concur with their work plan to allow them to continue to work with the City Council on various stormwater issues. Mr. Crowder moved approval of the work plan as submitted. His motion was seconded by Mr. Stephenson and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

REPORT AND RECOMMENDATION OF

BUDGET AND ECONOMIC DEVELOPMENT COMMITTEE

JOINT VENTURE HOUSING – HOPE CREST – CASA – APPROVED – FUNDS APPROPRIATED

Mayor Meeker reported the Budget and Economic Development Committee recommends committing $300,000 of CHDO funds at 0% for 30 years in the form of a construction loan for Hope Crest-CASA and designate CASA as a CHDO. The Committee also recommends conveying a sliver of land necessary to allow CASA to obtain one acre in order to construct ten units at CASA’s expense for recombination. The sliver of land is on a City-owned lot located at 1725 Poole Road. This conveyance would be in accordance with GS 160A-279 which would allow the City to convey the property by private sale. The Committee also recommends approval of a transfer of $217,203 from FY 04-05 CHODA funds, $22,797 from FY 05-06 CHODA funds and $60,000 from City HOME match funds to cover the appropriation to Hope Crest. On behalf of the Committee, Mayor Meeker moved the recommendation be upheld. His motion was seconded by Mr. West. Brief discussion took place on the fact that thee Hope Crest project requires an exception to our scattered site plan but that is recommended because of CASA’S past history and discussions about combining this project and the adjacent project. The motion as stated was put to a roll call vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Ordinance 63TF50.

CONDEMNATION – 315 HAYWOOD STREET – APPROVED

Mr. West reported the Budget and Economic Development recommends authorizing condemnation for property at 315 Haywood Street owned by Sherwood Baker, Heirs to be utilized in the Thompson Hunter Redevelopment area for planned redevelopment processes. He stated a price had been agreed upon, however, all of the heirs could not be found. Mr. West moved the recommendation be upheld. His motion was seconded by Mayor Meeker and put to a vote which passed unanimously. The Mayor ruled the motion adopted.

NEUSE RIVER WASTEWATER TREATMENT PLANT – PROPERTY ACQUISITION – APPROVED

Mr. West reported the Budget and Economic Development Committee recommends that staff be authorized to proceed with the purchase of 44.84 acres at 8321 Old Baucom Road at $877,500 with $80,000 to be paid at closing and the balance due in four equal payments of $199,375 with no interest and subject to a satisfactory Phase I environmental report. On behalf of the Committee, he moved the recommendation be upheld. His motion was seconded by Mayor Meeker and put to a roll call vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

REPORT AND RECOMMENDATION

OF THE PUBLIC WORKS COMMITTEE

RIDGE ROAD – PARKING/BIKE LANE – NO CHANGES AUTHORIZED

Chairperson Taliaferro reported the Public Works Committee recommends that the item relating to parking/bike lane on Ridge Road be reported out of Committee without any changes to the on-street parking regulations for Ridge Road. On behalf of the Committee, she moved the recommendation be upheld. Her motion was seconded by Mayor Meeker. She pointed out what the Committee discussed and agreed upon is that the bike lane would stay and school traffic needs to utilize the parking lot on their property. The motion as stated was put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

LAKE PRESERVATION POLICY – VARIOUS ACTIONS TAKEN

Chairperson Taliaferro reported the Public Works Committee recommends the approval of the Stormwater Management Commission’s recommendations as follows:

a. Approve the revised Lake Preservation Policy. A copy of the current policy with suggested changes was in the agenda packet.

b. Direct staff to develop a Comprehensive Plan Amendment for public hearing that incorporates lake preservation into the Comprehensive Plan.

c. Direct staff to use the ranking list of lakes for preservation as a guide for inclusion of lake preservation projects into the Capital Improvement Program.

On behalf of the Committee, Ms. Taliaferro moved the recommendations be upheld. Her motion was seconded by Mr. Stephenson and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

DAM REHABILITATION PROJECTS – NORTHSHORE LAKE AND BRENTWOOD TODAY – VARIOUS ACTIONS TAKEN

Chairperson Taliaferro reported the Public Works Committee recommends Council accept HDR Engineering Inc.’s recommendations for design concepts that include dam safety and water quality improvements at Northshore and dam safety improvements at Brentwood Today Lake Projects with the understanding additional dredging for Brentwood Lake Today will be included and directs staff to proceed by:

a. Developing agreements with the property owners for access, construction easements, maintenance, and operation of the lakes and;

b. Authorizing the City Manager to negotiate and execute a contract for design and permitting of the improvements at Northshore and Brentwood Today Lakes.

On behalf of the Committee, Ms. Taliaferro moved the recommendations be upheld. Her motion was seconded by Mr. Stephenson and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

REPORT OF MAYOR AND COUNCIL MEMBERS

PUBLIC NUISANCE – 4612 PLEASANT GROVE CHURCH ROAD – REFERRED TO ADMINISTRATION

Mr. Isley asked that Administration look at the situation at 4612 Pleasant Grove Church Road as it is felt there is a possible public nuisance. Without discussion the item was referred to Administration.

LASSITER MILL DAM – DEBRIS – REFERRED TO ADMINISTRATION

Mr. Isley pointed out on Crabtree Creek in the vicinity of Lassiter Mill Dam there seems to be a lot of debris, trash, etc., getting caught at the dam and in the creek. He stated there is a lot of debris which is very noticeable from the greenway and the Mill Stream subdivision area. He asked Administration to check the situation. City Manager Allen pointed out typically unless the debris is endangering the creek or greenway, the City would not take the responsibility of cleaning the area. He stated Administration would check into the situation. Mr. Isley pointed out he fears this could become an attractive public nuisance for kids and others in the area.

MICROPHONES – COMMENTS RECEIVED

Mr. Isley talked about the new microphones in the Council Chamber pointing out they work very well. He cautioned City Council members to be careful about side conversations and comments as they very easily can be picked up by the microphones and broadcast to the public.

STATE PARKING LOTS – INFORMATION REQUESTED

Ms. Kekas asked about the policy on the public utilizing State parking lots at nights and on weekends. She questioned if they are open to the public pointing out their signs indicate state parking employee only. She questioned if the lots are available to the public at night she would suggest that some type signage be installed. The item was referred to Administration.

WELCOME CENTER – COMMENTS RECEIVED

Ms. Kekas pointed out Council members received a letter relative to the State Welcome Center and the possibility of getting that reinstated. She asked the status of that item. Mayor Meeker pointed out the Convention and Visitors Bureau, Parker Call and others are formulating a plan for a new welcome center on an interim and possible permanent basis. Ms. Taliaferro stated she knew a plan was being developed and pointed out they are looking at a possibility of utilizing the Exploris Gift Shop. She stated activities are on-going. Mayor Meeker stated he understands there maybe a little funding on the part of the City associated with that plan. The comments were received but no action taken.

TREE – POSSIBLE DANGER – EBENEZER CHURCH/HARBORGATE – REFERRED TO ADMINISTRATION

Ms. Kekas pointed out on Harborgate Drive, which is off of Ebenezer Church Road, about the fourth lot down there is a vacant piece of property. On that property there is a tree which is leaning and could cause problems because of the number of children in the area or it falling onto the roadway. She stated she does not know if it is on private property or public property. The item was referred to Administration to check.

COMMUNITY COMPETITIVENESS – MEETING – ANNOUNCED

Mr. West pointed out on July 31 at 7:00 p.m. Dr. James Johnson of the Kenan Flagler Institute will be giving the first report on his work on community competitiveness. He invited all to attend.

WATER AND SEWER CAPACITY FEES – TO BE PLACED ON AUGUST 8 AGENDA AS A SPECIAL ITEM

Mayor Meeker asked about possible studies or work on water and sewer capacity fees. City Manager Allen pointed out staff provided a report during budget session. Mayor Meeker asked that report be provided to Council again and that the item be placed on the August 8 agenda as a special item for further consideration. He questioned if we had a capacity fee totaling approximately $1,000-$500 for water and $500 for sewer what affect or impact that would have on the proposed rate increases.

DRAINAGE PROBLEM – EBENEZER CHURCH ROAD/US 70 WEST – REFERRED TO ADMINISTRATION

Ms. Taliaferro stated she has noticed recently a drainage problem in the vicinity of the CarMax at Ebenezer Church and US 70. She stated even when there has not been a hard rain water seems to stand in the area. The item was referred to Administration.

TRAFFIC – STRIPING OF NEW FALLS OF NEUSE ROAD – REFERRED TO ADMINISTRATION

Ms. Taliaferro pointed out she had been contacted by representatives of Wakefield School relative to several issues such as lack of striping on New Falls of Neuse Road. She stated she understands people are parking on the roadway and problems are being created in the area. She asked Administration to look at the situation.

PARKS FIELD SPACE POLICY – REVIEW – REFERRED TO PARKS, RECREATION AND GREENWAY ADVISORY BOARD

Ms. Taliaferro explained about a year ago the City Council adopted a new policy for using park fields and the reservation of those fields. She questioned how the policy is working, if there are any problems pointing out she has heard some concern about the evening fees. She asked that the issue be referred to the Parks, Recreation and Greenway Advisory Board for their review to see if we are on the right track with that policy.

HORSESHOE FARMS MASTER PLAN – INFORMATION REQUESTED

Mr. Stephenson pointed out the Horseshoe Farms Master Plan Committee has completed its work. He stated he has followed this process closely and attended some of the meetings. He knows there has been a number of discussions. He has reviewed many e-mails concerning the issue. There seems to be some concern or questions about the citizens input on the design. He quoted from a News and Observer article on the process which indicated that the opinions expressed are not representative of all of the citizens. He stated this was very surprising to him as it seems the opinions are running 20 to 1 in favor of the process and plan. He stated before the Council considers the Horseshoe Farm Master Plan it maybe good to establish some sort of baseline relative to the input to make sure there is a varied representation of that input. He asked that Administration prepare some type tabulation or table showing input City wide that is some type measure of the citizen input and the opinions that have been voiced.

Ms. Taliaferro stated maybe the Parks, Recreation and Greenway Advisory Board could provide information that they looked at including how over taxed other parks in this area are, how far people have to travel to get to the various parks in the area, etc. Mayor Meeker stated this item will be before the Council in two weeks and it maybe necessary to have some type site visit of the area. Mr. Stephenson stated he would like to have some type tabulation or calculation matrix showing the citizen input and opinions before the Council considers the master plan.

REQUEST AND PETITIONS OF CITIZENS

CONDEMNATION – WAKE MISSIONARY BAPTIST ASSSOCIATION PROPERTIES ON ROCK QUARRY ROAD – TO BE PLACED ON AUGUST 8 AGENDA

Reverend Daniel Sanders, Wake Missionary Baptist Association, was at the meeting to discuss the proposed condemnation of the Wake Missionary Baptist Association properties in connection with the Green Valley/Garden Acres annexation of the Rock Quarry Road area. Early in the meeting during discussion on the consent agenda Mr. West had withdrawn Administration’s recommendation to proceed to authorize condemnation procedures on the property. That request was held to be discussed in connection with this item.

Reverend Sanders expressed appreciation to the Council for being allowed to speak on this issue pointing out he knows the process of condemnation. He expressed appreciation to Council Member West and the City Manager for discussing his concerns. He stated he is not before the Council to challenge anything that has been done but wants to go on the record expressing concern about the processes and the lack of follow through. He indicated the item on the agenda seems to indicate that the Wake Missionary Baptist Association has not negotiated in good faith and he feels that is not accurate. It is not accurate to say they haven’t negotiated. He talked about problems of the information of not getting to them in a timely manner and they had been informed that things had moved too far to reconsider this issue and alignment. He pointed out the Association has plans to build on this property but they just need more time and discussion with City officials. He stated it is believed that everyone can reach a good solution. He stated it has just been difficult getting City personnel to sit down and talk with them. They have been delayed, put aside and put on the back burner so no real negotiation has been able to occur. He detailed the conversations he had with various City officials again stating he feels there have been missed appointments, delays, etc. They are willing to work and cooperate with the City but they want the City to know that they are a viable entity who feels they are being slighted.

City Manager Allen pointed out he has talked to representatives of the Association and does feel the City has negotiated in good faith. City Manager Allen talked about a realignment option that is being considered but pointed out we need to move forward as we have until mid August to get this settled. It is the City’s expectations that we will reach an agreement and the City will continue to negotiate but it would be good to have the authorization to go to condemnation if a settlement could not be reached. He stated again we do need authorization for condemnation on the original location but will continue to negotiate with the Association and look at possible relocation or realignment.

Discussion took place on the status, the need to provide water and sewer to this low wealth community and the need to address the issues of the Association. Mr. West talked about the need to discuss the possible realignment with the Association and suggested deferring action on these requests until the August 8 meeting to give the Association and the City additional time to negotiate, work with the possible realignment, price, etc. City Manager Allen again pointed out we have a contract that has been awarded and we really need to move forward on this project. Any delays could cause additional cost. He stated he feels if the Council would go ahead and adopt the resolution of condemnation City staff could continue to negotiate with the Association and explore all options. He stated he had asked staff to look at various options, realignments, etc., pointing out, however, that will add extra expense to the project which will be spread to all of the property owners. He talked about the discussions that have taken place. Reverend Sanders pointed out he is hearing some of this information for the first time. He had not heard anyone say there is a possible realignment that could be considered. After possible scenarios were talked about it was agreed to place the item on the August 8 agenda for further consideration.

SIGN – SECOND ANNUAL DOWNTOWN APPETITE FOR ART FUND RAISING – APPROVED

Benjamin R. Kuhn, representing the Historic Glenwood-Brooklyn Neighborhood Association and various downtown businesses, had requested permission to place a temporary sign featuring the Second Annual Downtown Appetite for Art fundraising event benefiting the Boys and Girls Club of Wake County. He talked about temporary signs which have been approved in the past for events in the downtown area. He indicated this is the second annual event and last years was very successful. He invited all to come and participate in the event which benefits a worthy cause. He stated the event will be on August 18 at Exploris from 7:00 to 11:00 p.m. and gave details as to where information could be received. The backup information indicated they wish to hang a banner across Glenwood Avenue near its intersection with West Peace Street. They would like to install the sign on July 29 and remove it no later than August 20. City Manager Allen pointed out we get lots of requests such as this and cautioned the Council as it relates to approving such requests because of the precedent setting. Mr. Crowder moved approval as requested. His motion was seconded by Ms. Taliaferro and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

VETERANS DAY ACTIVITIES – INFORMATION RECEIVED

John Speights provided Council members with information relative to the flag, offered to provide posters for various locations, talked about the events in November including Veterans Day and the parade on Saturday, November 11. He talked about the replica of the Vietnam Veteran Wall which will be on display November 11 and 12 on the Halifax Mall. He told of the work of his group. Mr. Isley expressed appreciation to Mr. Speights for the information he provided pointing out it was a nice history lesson and the history of Armistice Day was very interesting.

BOARD OF ADJUSTMENT – REQUEST FOR REIMBURSEMENT OF FEE – APPROVED

Ronetta Pearsall, 4020 Wester Road, had requested to address the Council to ask for a waiver of the $200 fee paid to go before the Board of Adjustment a second time and reimbursement of $260 paid for an inspection that was not needed. Ms. Pearsall was not at the meeting.

Later in the meeting, Ms. Pearsall appeared. She explained her request is based on the fact that she got a lot of misinformation from the City’s zoning office in terms of what she could and could not do. She stated the first time she appeared before the Board of Adjustment she was not prepared to hear their response which was that they did not have the authority to grant the request. She stated the property is zoned neighborhood business and she was told she needed an inspection which cost $260 but now she has been told she did not need the inspection.

Inspections Director Larry Strickland gave a history of this request pointing out the special use permit Ms. Pearsall is requesting before the Board of Adjustment is a little different. It is not a special use permit to operate a daycare. The property she plans to use is a commercial property with a legal nonconforming use and when a nonconforming use changes a special use permit is required. He explained the location pointing out the building Ms. Pearsall wants to use is at the corner of Brentwood and Capital Boulevard and it was a bank at one time. He stated she needed the special use permit to legalize the nonconforming use. The request included zoning an adjacent property as the play area and the Board did not have the authority to grant that. He stated Ms. Pearsall has reapplied to go before the Board of Adjustment pointing out she has moved the play area onto the same lot. That play area will take up some of the parking and there is a question as to whether she will have enough parking. He stated the original request was denied and she is reapplying. He stated the $265 was for an inspection that would have been needed at some point.

Ms. Pearsall agreed that what Mr. Strickland reported is pretty much correct. She stated, however, she feels she was misguided or given misinformation by the zoning department. Mr. McMillan told her that the inspection was needed and then told her it wasn’t needed. Ms. Taliaferro questioned how often this type situation comes up. Mr. Strickland explained rehearings before the Board and hearings on a similar request. Mr. Stephenson questioned if the inspection was required. Mr. Strickland pointed out an inspection will be required before she could occupy the building. She will have to get building permits and that will require additional inspections. After brief discussion, Ms. Taliaferro moved that the Council authorize waiving or reimbursing the second filing fee to go before the Board of Adjustment but let the inspection fee stand. Her motion was seconded by Mayor Meeker and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

TAXI RATE INCREASE/SURCHARGE – REFERRED TO BUDGET AND ECONOMMIC DEVELOPMENT COMMITTEE

Emmanuel Obi, 805 Rock Quarry Road, was at the meeting to request the Council to consider a taxi rate increase. He explained how the taxi system works in the City of Raleigh and that drivers work for companies, etc. He stated each taxi driver makes less than the minimum wage. The last rate increase was in 2001. Prior to that it was ten years. He talked about the number of hours a taxi driver has to work to get up to minimum wage, how much it cost to fill their cars with gas, the recommendation of the Law and Public Safety Committee in February and the proposal for a rate increase that was not acted on. He stated if the Council would increase the rate to $2.50 it would go a long ways to help and he would also like for the Council to consider an automatic 5-year adjustment.

Mr. Isley talked about the work the Law and Public Safety Committee did on this item and the information they received. Brief discussion took place as to what to do with Mr. Obi’s request with Mr. Isley pointing out he feels if it is referred to Committee it would be best to refer it to Budget and Economic Development Committee as any increase would have an impact on the City’s budget as it relates to the ART Program. Mr. Obi asked if something could be given to the taxi drivers that they could post in their automobiles relative to informing the customers about the fuel surcharge. After brief discussion the item was referred to Budget and Economic Development Committee with Ms. Taliaferro suggesting that the Committee be provided the information that was provided to Law and Public Safety Committee.

MATTERS SCHEDULED FOR PUBLIC HEARING

PUBLIC NUISANCE COST CONFIRMATION – HEARING – VARIOUS LOCATIONS – RESOLUTION ADOPTED

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

|LOCATION & COUNCIL DISTRICT |PROPERTY OWNER |TAX ID NO. |ABATEMENT |

|1321 Athens Drive (D) |Maggie J. Holley and Juanda L. |0032331 |$254.00 |

| |Holley | | |

|2025 Atkins Drive (C) |Frank C. Smith |0064917 |$258.00 |

|523 Banks Street (C) |Lewis B. Barnes |0004483 |$236.00 |

|1500 Beauty Avenue (C) |Claude E. Burgess |0036882 |$242.00 |

|809 South Bloodworth Street (C) |Michele T. Nelson and Gwendolyn T.|0016430 |$253.00 |

| |Nelson | | |

|1609 Boyer Street (C) |Evelyn Spell |0009699 |$219.00 |

|508 Bragg Street (C) |Sandra J. Collins |0030305 |$222.00 |

|4017 Converse Drive (A) |James Thomas Nunnally IV |0051717 |$252.00 |

|5005 Devonwood Court (A) |Josephine Helmink |0029935 |$253.00 |

|3429 Gemini Drive (B) |Thomas G. and Loren B. Stutts |0117918 |$285.00 |

|214 South King Charles (C) |Jack H. Vandenoever |0015633 |$531.00 |

|1304 Kinsfolk Circle (C) |Fermin E. Garay and Flor De Garay |0315753 |$224.00 |

|573 East Lenoir Street (C) |Joyce P. Moore and Hazel E. Moore |0042090 |$252.00 |

|5881 North Hills Drive (A) |Steve Andrew Karras |0084667 |$235.00 |

|1814 Watkins Street (C) |Linda H. Neal Weese |0050486 |$253.00 |

Mayor Meeker opened the hearing on each location. No one asked to be heard, thus the hearing was closed. Mr. Isley moved adoption of a resolution confirming the cost as outlined. His motion was seconded by Ms. Taliaferro and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 971.

STREET CLOSING STC– 8-06 – BAREFOOT INDUSTRIAL ROAD – HEARING – RESOLUTION ADOPTED

This was a hearing to consider the permanent closing of right-of-way known as Barefoot Industrial Road. The hearing is pursuant to petition, resolution of intent, advertisement and notification as required by law. The Mayor opened the hearing. Planning Director Silver pointed out this is following through on a site plan that was approved for the area. No one asked to be heard, thus the hearing was closed. Ms. Taliaferro moved adoption of a resolution authorizing the closing as advertised. Her motion was seconded by Mr. West and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 972.

SITE 4 CITY-OWNED PROPERTY – SALE – HEARING – APPROVED

This was a hearing to consider the private sale of .5 acre tract of City-owned property known as Site 4 development site bordered by Salisbury Street, Lenoir Street and South Street. The private sale is in accordance with GS 158-7.1. The City Manager pointed out Greg Hatem of Empire Properties had presented all of the economic data, etc. He is available to answer questions. The Mayor opened the hearing. No one asked to be heard, thus the hearing was closed. Ms. Taliaferro moved approval of the sale according to information previously provided. Her motion was seconded by Mr. Stephenson and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote.

WATER EASEMENT SALE – NEW BERN AVENUE/I-440 – HEARING – RESOLUTION ADOPTED

This was a hearing to consider selling a water easement at the New Bern Avenue Apartments in the southeast quadrant of New Bern Avenue and I-440 according to terms outlined in Resolution 2006-953. The Mayor opened the hearing. No one asked to be heard, thus the hearing was closed. Ms. Kekas moved adoption of a resolution authorizing the sale as outlined. Her motion was seconded by Mayor Meeker and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 973.

EASEMENT EXCHANGE – AVONDALE PHASE III – HEARING – RESOLUTION ADOPTED

This was a hearing to consider the exchange of a 20-foot sanitary sewer easement in Avondale, Phase III, Wake Forest, according to terms outlined in Resolution 2006-952. The Mayor opened the hearing. No one asked to be hearing, thus the hearing was closed. Ms. Taliaferro moved adoption of a resolution authorizing the exchange. Her motion was seconded by Mayor Meeker and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 974.

SIDEWALK IMPROVEMENTS – FAYETTEVILLE STREET – HEARING – RESOLUTION ADOPTED

This was a hearing to consider the installation of a sidewalk on the west side of Fayetteville Street starting at the northern end of the bridge over Rocky Branch and extending 150 feet north of the bridge with assessments to apply. The Mayor opened the hearing. No one asked to be heard, thus the hearing was closed. Mr. Isley moved adoption of a resolution authorizing the sidewalk installation. His motion was seconded by Ms. Taliaferro and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. See Resolution 875.

APPOINTMENTS

APPOINTMENTS – VARIOUS ACTIONS TAKEN; DIRECTION GIVEN TO ENVIRONMENTAL ADVISORY BOARD

The City Clerk read the following results of the ballot vote:

Environmental Advisory Board - Seven Vacancies - Stanford Baird – 5 (Taliaferro, Isley, Kekas, West, Craven); Isaac Tanzarella – 3 (Crowder, Meeker, Stephenson); Dr. Basil Dimitriades – 7 (Taliaferro, Isley, Kekas, Meeker, West, Craven, Stephenson); Bob Mosher – 8 (All Council members); Will Hooker -2 (Crowder, Stephenson); Joseph Huberman – 3 (Crowder, Meeker, Stephenson); John Burns – 6 (Taliaferro, Crowder, Kekas, Meeker, West, Stephenson); Denny Murphy – 6 (Taliaferro, Crowder, Isley, Kekas, West, Craven); Alvero Casella – 6 (Taliaferro, Isley, Kekas, Meeker, West, Craven); Hampton Pitts – 6 (Taliaferro, Isley, Kekas, Meeker, West, Craven); and, Benson Kirkman – 5 (Taliaferro, Crowder, Isley, Craven, Stephenson). It was pointed out 8 persons received 5 or more votes. Mayor Meeker suggested that the Council vote between Stanford Baird and Benson Kirkman the two who received 5 votes. The Council unanimously agreed that Stanford Baird would be the 7th member, therefore, the members of the Environmental Advisory Board would be Stanford Baird, Dr. Basil Dimitriades, Bob Mosher, John Burns, Denny Murphy, Alvero Casella and Hampton Pitts. Brief discussion took place as to the chairperson after which the Council agreed that the Board would appoint its own chairperson.

Mayor Meeker pointed out he would like to ask the Council to confirm that the Board’s initial assignment will be to work on fuel conservation for the City of Raleigh vehicles. In that regard there are two related matters that he thinks would be helpful for the Board to consider:

1. Five-Year Goal. The Mayor indicated he feels it would make sense for the City of Raleigh to consider having a goal of reducing the City’s use of fossil fuels by 20 percent during the next 5 years. Since the number of vehicles would typically increase about 2 percent a year or 10 percent over 5 years, this is really a 30 percent reduction in fossil fuels. This reduction should come from vehicles with better mileage, reduction in miles traveled and use of fuels with ethanol blends. He stated he believes it would be helpful for the Environmental Board to advise us to whether this is a realistic goal the City should adopt.

2. KYOTO Protocols. Mayor Meeker pointed out dozens of cities in the United States have signed commitments to abide by KYOTO protocols in connection with reduction of the emission of greenhouse gases. He stated since he is not familiar with the details of the program his questions are what does committing to abide by the KYOTO protocols mean and should the City of Raleigh consider making such a commitment. He stated it would be helpful for the Environmental Board to review this issue and make recommendations back to the Council and so moved.

3. Discussion took place with Ms. Taliaferro voicing a reluctance to dabble in business that is not within the City’s authority. Brief discussion took place relative to energy efficiency in buildings and making recommendations on that. The motion as stated was seconded by Ms. Taliaferro and put to a vote which passed unanimously. The Mayor ruled the motion adopted.

Fair Housing Hearing Board - One Vacancy - No nominees.

Planning Commission - One Vacancy - Dennis Davis-6 (Crowder, Isley, Kekas, Meeker, West, Craven).

Raleigh Historic Districts Commission - Two Vacancies – Ms. Kekas and Mr. Stephenson nominated Mary Ruffin Hanberry and Robert L. Runyans.

Keep Wake Beautiful - One Vacancy – No nominees.

The Mayor announced the appointments and charge to the Environmental Advisory Board and the appointment of Dennis Davis to the Planning Commission. The other items will be carried over until the next meeting.

NOMINATIONS

ELECTRICAL EXAMINING BOARD – ROY RAY REAPPOINTED

The term of Roy Ray has expired. Administration recommends the reappointment of Mr. Ray. Mayor Meeker moved approval of the reappointment of Mr. Ray. His motion was seconded by Ms. Kekas and put to a vote which passed unanimously. The Mayor ruled the motion adopted.

MECHANICAL EXAMINING BOARD – GERALD D. GODWIN – APPOINTED

The term of Rodney Markham on the Mechanical Examining Board is expiring. He has served since 2000; therefore, is not eligible for reappointment. Administration recommends the appointment of Gerald D. Godwin, Yellow Dot Heating and Cooling. Mayor Meeker nominated Mr. Godwin. It was later agreed to suspend the rules and on a motion by Mr. Isley seconded by Ms. Kekas, Mr. Godwin was appointed to the Mechanical Examining Board.

SUBSTANCE ABUSE ADIVSORY COMMISSION – VACANCY ANNOUNCED

Betsy Kimsey was reappointed to the Substance Abuse Advisory Commission, however, it has been determined that she is unable to serve; therefore, there is one vacancy for consideration.

REPORT AND RECOMMENDATION OF THE CITY CLERK

MINUTES – JULY 11, 2006 – APPROVED

Council members received copies of the minutes of the July 11, 2006, Council meeting. Ms. Taliaferro moved approval as presented. Her motion was seconded by Ms. Kekas and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

COUNCIL MEMBER KEKAS – EXCUSED FROM EVENING MEETING

Ms. Kekas indicated she needed to be excused from the evening portion of the meeting. Mayor Meeker stated without objection, Ms. Kekas would be excused from the evening meeting.

REPORT AND RECOMMENDATION

OF THE COMPREHENSIVE PLANNING COMMITTEE

REZONING Z-32-06 – RUSH STREET CONDITIONAL USE – DENIED

Chairperson Crowder reported the Comprehensive Planning Committee recommends denial of rezoning Z-32-06 as the Committee determined that the rezoning is not consistent with the Comprehensive Plan. His motion was seconded by Mr. Stephenson. Ms. Taliaferro stated in reading the Planning Commission’s recommendation it states that the request is in consistent with the comprehensive plan. Planning Director Silver pointed out the Planning Commission did find the request consistent with the Comprehensive Plan. Discussion followed as to whether it is or is not consistent. Mr. Stephenson talked about the location, surrounding development and zoning and the fact that this is just on the border of a focus area. He feels for the zoning to be consistent with the plan it has to be within the dashed area. Discussion took place on the comments made at the Comprehensive Planning Committee with it being pointed out the Committee based its recommendation for denial and being inconsistent with the Comprehensive Plan based on the proximity of this site to the neighborhood focus area, the retail needing to be closer to the core and that residential would be more appropriate in this location. The motion as stated with those comments was put to a vote which resulted in all members voting in the affirmative except Mr. Isley who voted in the negative. The Mayor ruled the motion adopted.

GH-4-06 – BLOOMSBURY ESTATES SUBMITTAL OF REVISED PLANS – APPROVED WITH CONDITIONS

Chairperson Crowder reported the Comprehensive Planning Committee recommends upholding the Planning Commission’s recommendation for approval of GH-4-06 as outlined in CR-10999 with the condition that there will be a wrought iron and masonry fence from the gazebo all the way to the south corner of the property on West Hargett Street except for vehicular and pedestrian openings and that the applicant will work with the City’s urban forester to protect and minimize the impact on the two existing Oak trees within the public right-of-way on West Hargett Street. On behalf of the Committee, Mr. Crowder moved the recommendation be upheld. His motion was seconded by Mr. Stephenson and put to a vote which passed unanimously. The Mayor ruled the motion adopted on an 8-0 vote.

BUIDLING SETBACK REGULATIONS – PROPOSED TEXT CHANGE – AUTHORIZED FOR PUBLIC HEARING ON SEPTEMBER 19, 2006

Mr. Crowder reported by split vote the Comprehensive Planning Committee recommends that no action be taken to change building setback regulations as this item will be considered with the Comprehensive Plan update. On behalf of the Committee, he moved the recommendation be upheld. His motion was seconded by Mr. Stephenson. Mr. Crowder pointed out there was much discussion about the Comprehensive Plan update, staff time involved and the Committee recognized that there are other vehicles to achieve the goal of this proposed text change.

Mr. Craven stated he voted against the Committee’s recommendation as the discussion was about the height of buildings allowed on the perimeter of a lot. The proposal allows more flexibility and he feels it would be a positive step forward. Ms. Taliaferro pointed out this is not final action on a text change it is that Administration’s recommendation go to public hearing to consider amending the building setback regulations in all zoning districts and she feels it is something the Council should be thinking about. Mr. Crowder talked about staff resources, quality of life issues that need to come in play and the feeling that this should be looked at in the context of an overall comprehensive plan update. In response to questioning, Planning Director Silver pointed out staff believes it is a change that is worthy of consideration and should go beyond the O&I classification which was the original request. He feels it is something we should move towards. He talked about staff’s resources and work plan. Mr. Stephenson pointed out this came about as a request and petition of a citizen and it was determined there are other alternatives available. Whether to move forward with a public hearing, the process of the Comprehensive Plan update, the fact that development is booming in the area and the need for flexibility was talked about. The motion to take no action was put to a vote which resulted in Mr. Crowder, Mr. Stephenson and Mayor Meeker voting in the affirmative and the remainder of the Council voting in the negative. The Mayor ruled the motion defeated on a 3-5 vote. Ms. Taliaferro moved that staff’s recommendation for a public hearing to look at building setback regulations in all zoning categories be authorized for public hearing on September 19, 2006. Her motion was seconded by Mr. Craven and put to a vote which resulted in all members voting in the affirmative except Mr. Crowder and Mr. Stephenson who voted in the negative. The Mayor ruled the motion adopted on an 6-2 vote.

COMPREHENSIVE PLANNING MEETING – SCHEDULE CHANGED

Mayor Meeker pointed out there would not be a Comprehensive Planning Committee meeting on Wednesday, August 2, as that meeting has been rescheduled and will be held at 9:00 a.m. on Monday, August 7.

ADJOURNMENT:

There being no further business, Mayor Meeker announced the meeting adjourned at 3:45 p.m.

Gail G. Smith

City Clerk

072506/dm

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DEVELOPMENT SERVICES ORGANIZATION CHART

Communication Team

Web Content Manager (PT) (34)

Web Graphic Designer (PT)

Print Designer (PT)

Planning Technician – Web Content (PT)

Contract Staff as needed

Work Program:

Communicate development services organizational structure to public

Create and update Land Development Manual

Communicate business processes via interactive web site to the public

Work with Business Analysis and Core Teams to design web applications for customers to self-serve development info

Create print publications explaining processes and timing of development services

Work with City-wide Web Team to best utilize power of City portal and content management systems toward Farragut goals

Coordinate look-and-feel of application forms, info packets, etc. across development services departments

Coordinate public web access to key documents (City Code, PU Manual, Solid Waste Manual, etc.) related to development services.

Organize public information sessions, feedback sessions or workshops on development processes

Core Team – Subject Matter Experts / Department Coordinators

Planning (PT)

Public Works (PT)

Fire (PT)

Inspections (PT)

Public Utilities (PT)

Others as needed

Work Program:

Resolve within departments any business content problems and changes

Work with DSM and Business Analysis / Service Excellence and Communication Groups to conceive and implement business process improvements

Be primary point of contact to resolve customer complaints within each department

Communicate Farragut goals down the organization chart to line workers

Solicit and communicate new ideas, concerns, suggestions up to DSM and Oversight Team from line workers

Attend regular “Build-Stat” strategic data review and planning sessions

Have direct access to Department Directors to ensure that internal processes work within each department relative to Farragut goals

Act as advisory group to DSM

Business Analysis / Service Excellence Team

Senior Business Process Analyst (FT) (34)

Business Analyst (FT) (32)

Senior Staff Support Specialist (FT) (25)

Customer Service Liaison(s) (TBD)

Budget Analyst (PT)

Data / IT applications coordinator (PT)

Work Program:

Accept and resolve complaints for any part of the development services process – work with DSM to resolve issues, document results

Track data on review timing, length of review, repeat reviews, review effectiveness, customer responsiveness and all other data requested by DSM

Present tracking data at “Build-Stat” strategic planning sessions

Document and perform analyses of business processes and make recommendations for changes to DSM and Core Team

Analyze fee systems, work loads and revenue opportunities and make recommendations to DSM and Core Team

Document and analyze information management systems, make recommendations on new or altered systems to DSM and Core Team

Manage implementation of IRIS system

Development Services Manager (43)

Reports directly to Assistant City Manager

Web Team

Public Affairs

Budget Staff

GIS / IRIS Development Group

Oversight Group

ACM (Howe)

Fire Chief (McGrath)

Inspections Director (Strickland)

Planning Director (Silver)

Public Utilities Director (Crisp)

Public Works Director (Dawson)

City Attorney’s Office

(FT) = Full Time Position (PT) = Part Time Position

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